Georgia Department of Banking & Finance
NON-DEPOSITORY FINANCIAL
INSTITUTIONS
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Inside this issue:
FinCEN ReportMortgage Fraud Rises
1
Non-Traditional Mortgage Loan Guidance
2
Conforming Loan Limits--2007
2
OTHER ITEMS & ISSUES
Net Branches
3/4
Continuing Education
Holiday Closings
2007 State Holidays
Customer Service Georgia
5
Administrative Actions
6
Fine Publication
7
Licenses Revoked, Expired...Denied
8
Licenses Approved & Reinstated
8
2990 Brandywine Rd. Suite 200
Atlanta, GA 30341 Phone: 770.986.1269
Fax: 770.986.1029
NEWS ITEMS
Mortgage Fraud Rises
FinCEN Reports Rise in Mortgage Fraud
SARS
Suspected mortgage fraud increased by 35 percent between the first quarter of 2005 and the first quarter of 2006, according to statistics released by the Financial Crimes Enforcement Network on Nov. 3. FinCEN's report was based on an analysis of Suspicious Activity Reports that indicated suspected mortgage loan fraud between April 1, 1996, and March 31, 2006. The leading
types of mortgage fraud described on the reports were "false statements" and "identity theft." Some of the false statements included altered bank statements, fraudulent earnings documents, fraudulent letters of credit, fabricated letters of gifts, misrepresentations of employment and altered credit scores.
Reports of mortgage loan fraud rose significantly in 2003. The Federal Financial Institutions Examination Council reported an increase in the number of mortgage loans beginning in 2003: "The 2003 data include a total of 42 million reported loans and applications, which is an increase of about 33 percent from 2002, primarily due to a
significant increase in refinancing activity (approximately 41 percent)." SARs on mortgage loan fraud increased over 92 percent between 2003 and 2004. The increase in filings may be attributed to an increase in overall mortgage lending concurrent with the decline in interest rates in the 2002 2005 timeframe and a broader awareness of this fraudulent activity. Figure 1 depicts the filing trend between 1997 and 2005.
During 2005, the top five states for mortgage fraud were California, Florida, Illinois, Texas and Georgia. Other states with high report numbers were Washington, North Carolina, Ohio, Michigan and New York. National banks were the largest group of lenders reporting mortgage fraud.
Read more:
www.fincen.gov/ MortgageLoanFraud.pdf
Continued on Page 2
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 2
Non-Traditional Mortgage Product
Guidance
Georgia Department of Banking and Finance Adopts
Regulatory Guidance on Nontraditional Mortgage
Products
Rob Braswell, Georgia
Department of Banking and
Finance
Commissioner,
announced on November 14,
2006 a set of regulatory
guidelines covering the
marketing of nontraditional
mortgages by state-licensed
entities.
The guidance was developed
by the Conference of State
Bank Supervisors (CSBS) and
the American Association of
Residential
Mortgage
Regulators (AARMR) and
applies to state-licensed
mortgage brokers and lenders.
The guidance is intended to
promote consistent regulation
in the mortgage market and to
clarify how residential
mortgage providers can offer
nontraditional
mortgage
products in a way that clearly
discloses the risks borrowers
may assume.
Commissioner Braswell stated, "These guidelines are designed to level the playing field in the mortgage market in order to protect consumers from taking on high-risk mortgages without having a full understanding of the terms of such loans."
The CSBS/AARMR guidance parallels final guidance
released on September 29, 2006 by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and the National Credit Union Administration.
That interagency guidance,
however, applies only to
insured financial institutions
and their affiliates. To
promote consistency, the
CSBS/AARMR
guidance
substantially mirrors the
interagency guidance, except
for the deletion of sections
inapplicable to non-
depository institutions.
Commissioner
Braswell
commented that the goal
desired by CSBS and AARMR
is to have all states to adopt
the guidelines so that all
consumers will be equally
protected and all originators
of residential mortgages will
be subject to similar
supervisory guidance.
This guidance should be used
as a best practices document
when utilizing nontraditional
mortgage products. For your
convenience, the guidance is
available
from
the
Department's website at:
http://www.gadbf.org/ bulletins.html#PR
Conforming Loan Limits for 2007
2007 Conforming Loan Limit to Remain at $417,000
Washington, DC Office of Federal Housing Enterprise Oversight Director James B. Lockhart announced November 28, 2006, that the maximum 2007 conforming loan limit for single-family mortgages purchased by Fannie Mae and Freddie Mac (the Enterprises) will remain at the 2006 level of $417,000 for one-unit properties for most of the U.S.
The conforming loan limit determines the maximum size of a mortgage that an Enterprise can buy or guarantee. By law the maximum conforming loan limit is based on the October-to-October change in the average house price in the Monthly Interest Rate Survey (MIRS) of the Federal Housing Finance Board (FHFB). The FHFB reported the decline in the average price was $501, or 0.16 percent, from $306,759 in October 2005 to $306,258 in October 2006. This is the first decline in the MIRS since 1992-93.
OFHEO announced November 15 it would keep the limit at 2006 levels if
(Continued on page 3)
UPCOMING SPEAKING ENGAGEMENTS There are no
speaking engagements scheduled for December.
Useful Links
MORTGAGE FORMS: CODE, REGULATIONS & APPLICATIONS
HTTP://WWW.STATE.GA.US/ MORTGAGE_FORMS.HTML UPDATING LICENSE INFORMATION
HTTP://WWW.STATE.GA.US/ DBF/MORTGAGE_FORMS.HTM
L#ONLINE PRESS RELEASES HTTP://WWW.GANET.ORG/D BF/BULLETINS.HTML
Continued on Page 3
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 3
OTHER ITEMS & ISSUES
Net Branches
(This one just stays with us...)
As we have noted several times, the Department does not allow entities licensed under the Georgia Residential Mortgage Act to operate net branches in Georgia. However, the Department recognizes that many licensees operate in multiple states and that some of those other states do allow net branching.
The latest nuance involves a GRMA licensee whose net branch personnel contacted the Department to see if they could get a 1 time loan approval. Obviously, because that branch located in another state is being operated independently, it is unaware of the operating procedures in place and licenses held by the company.
A properly supervised branch would send those loans to the main office, or if the company has a policy to allow the use of alternate lenders, the branch should not be handling those requests independently of company management.
BROKERS Continuing Education
Please remember that the requirement for CE hours will begin with the FY 2008 licensing period (April 1, 2007 renewal). Licensees have had from January 1, 2006 through April 1, 2007 to obtain CE credits for this initial CE period. Beginning with the FY 2009 license renewal and going forward, April 1 through March 31 will be the period each year to obtain CE hours.
Licensees who fail to obtain credit by the April 1 deadline of any year have until June 30, 2007 to make up the credits, but will receive a $1,000 fine for failure to obtain credit in the qualifying 12 months for that renewal period. If the CE hours are then not obtained in the make-up period, the renewal will not be approved.
Note that there was a regulation change in 2006 which states that any person licensed in any year after April 1 must have the required 12 hours of CE credit in order to renew their license. So, if a person is licensed after April 1 but prior to December 31 in any given year, they must obtain CE hours in order to renew in the next year, and in order to avoid a fine must obtain those credits prior to March 31 of the renewal year.
Holiday
Please see 80-11-1-.03 paragraphs
Closings
(4) and (5) for branch require-
ments for the State of Georgia.
Department offices will be closed on the
following days:
Monday and Tuesday, December 25 &
26, 2006 for Christmas.
Monday, January 1, 2007 in observance of the New Year's holiday
Conforming Loans (Continued from page 2)
there was a decrease in Octoberto-October house prices and would defer that decline for one year.
"This amount is in keeping with OFHEO's recent announcement of an orderly and transparent process for any downward adjustment," said Lockhart. "We made this decision so as not to disrupt the end-of-the-year pipeline of mortgages or the market for mortgage-backed securities," said
Lockhart.
OFHEO also stated previously that additional guidance for the 2008 limits would be issued early next year.
Conforming Loan Limit/ % Increase
2007 $417,000
0
2006 $417,000
15.9%
2005 $359,650
7.8%
Prior to this year's decrease, the average increase in the FHFB survey over the previous five years was 8.8 percent.
OFHEO assumed responsibility for establishing the conforming loan limit with a February 2004 guidance.
The conforming loan limit is based on the FHFB monthly survey and not OFHEO's quarterly House Price Index (HPI), which will be released
November 30.
As published on FannieMae's website, note the conforming loan limits in the table on Page 4:
Continued on Page 4
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 4
2007 CONFORMING LOAN RATES
2007 Single-Family Mortgage Loan Limits
Effective January 1, 2007:
First mortgages
One-family loans: $417,000 Two-family loans: $533,850 Three-family loans: $645,300 Four-family loans: $801,950
Note: One- to four- family mortgages in Alaska, Hawaii, Guam, and the U.S. Virgin Islands are 50 percent higher than the limits for the rest of the country.
Second mortgages
$208,500 In Alaska, Hawaii, Guam, and the U.S. Virgin Islands: $312,750
Last Revised: December 01, 2006--http://www.fanniemae.com/aboutfm/loanlimits.jhtml
2007 State Holidays
The following is a list of State Holidays when the Capitol and all State agencies will be closed in 2007.
HOLIDAY New Year's Day Martin Luther King Jr.'s Birthday Confederate Memorial Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day
Thanksgiving Day Robert E. Lee's Birthday Christmas Day Washington's Birthday
DATE / OBSERVANCE DATE Monday, January 1 Monday, January 15
Monday, April 23 Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, October 8 November 11 will be observed on Monday, November 12 Thursday, November 22 January 19 ~ will be observed on Friday, November 23 Tuesday, December 25 February 19 ~ will be observed on Monday, December 24
Happy Holidays
& Best Wishes For The New
Year
Continued on Page 5
Customer Service Georgia
Page 5
Governor Sonny Perdue has a campaign to put new emphasis on customer service, emphasizing easier access to government services, faster processes so customers can get business done quickly, and friendlier service in a customer-focused, goal-oriented culture. It is the Department's goal to provide excellent customer service, meeting and exceeding the expectations of our customers. Along those lines, we would like to recognize the following individuals for going above and beyond in serving our customers:
Bob Bauguss, Assistant Financial Examiner-Mortgage (Non-Depository Financial Institutions Division): Bob received a letter from a customer stating: "I wanted to take a moment to thank you for all of your help in the last few days with questions that I have had. You have been a vital source of information for us, and also so kind and encouraging. Again, I want to express my sincere appreciation for all of the help that you have given us. I genuinely hope that the Department of Banking and Finance realizes what a strong asset they have in you."
CONGRATULATIONS AND GREAT JOB!!
The Department is the state agency that regulates and examines banks, credit unions, and trust companies chartered by the State. The Department also has regulatory and/or licensing authority over mortgage brokers, lenders, and processors, money service businesses, international banking organizations, and bank holding companies conducting business in Georgia.
Our MISSION is to promote safe, sound, competitive financial services in Georgia through innovative, responsive regulation and supervision.
Our VISION is to be the best financial services industry regulator in the country Progressive. Proactive. Service-Oriented.
Continued on Page 6
Administrative Actions
For the Period Ending November 2006
CEASE AND DESIST ORDERS--ISSUED
Page 6
First Community Lending, Inc., Acworth, GA (license no. 12060) Cease and Desist Order issued October 17, 2006 became final on November 16, 2006.
Corey Mortgage Services, Inc., Atlanta, GA (license no. 6305) Cease and Desist Order issued September 29, 2006 became final November 1, 2006.
Davis, Pamela dba Wonderful Mortgage Consultant & Insurance, Jonesboro, GA Cease and Desist Order issued October 13, 2006 became final November 13, 2006.
Debt Management Consultants (DMC, LLC), Duluth, GA Cease and Desist Order issued October 27, 2006 became final November 27, 2006.
Johnson, Karen, College Park, GA Cease and Desist Order issued May 12, 2005 became final November 30, 2006.
Fairon & Associates, Inc. dba LoanNow Financial, Irvine, CA (license no. 19495) Cease and Desist Order issued October 3, 2006 became final November 5, 2006.
Mahan, Marie, Conyers, GA Cease and Desist issued Order October 10, 2006 became final November 10, 2006.
Norris, Clifford Lloyd, Lawrenceville, GA Cease and Desist Order October 10, 2006 became final November 10, 2006.
Torres, Jose, Duluth, GA Cease and Desist Order July 21, 2005 became final on November 7, 2006.
Worldwide Financial Group, Inc., Jonesboro, GA (license no. 12323) Cease and Desist Order issued October 25, 2006 became final November 15, 2006.
Continued on Page 7
Administrative Actions
For the Period Ending November 2006
Page 7
CEASE AND DESIST ORDERS--LIFTED OR RESCINDED
None
FINAL CONSENT ORDERS --ISSUED
None
SUPERIOR COURT INJUNCTIONS
None
FINE PUBLICATION
FINE REASON
1 Licensees fined for Advertising Violations 3 Licensees fined for Background Checks Violation 2 Licensees fined for Books & Records 1 Licensee fined for Employment of a Felon 4 Licensee fined for Loan Files not properly maintained 2 Licensee fined for Check returned for Insufficient Funds
1 Licensees fined for doing business w/ unlicensed entity
1 Licensees fined for Unapproved Branch Manager 3 Licensees fined for Prohibited Acts 2 Licensees for Unapproved Change in Management 2 Licensee fined for Miscellaneous/Other
Continued on Page 8
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 8
LICENSEES/REGISTRANTS REVOKED, EXPIRED, SURRENDERED, WITHDRAWN OR DENIED
IN NOVEMBER 2006
ID#
NAME
CODE
REVOKED
EXPIRED
SURRENDERED
WITHDRAWN
DENIED
6305 COREY MTG SVCS INC
BD
7037 MTG MATTERS INC
BD
12060 1ST CMTY LENDING INC
BD
12974 PEACH PLUS FINL INC
BD
16661 JLM DIRECT FUNDING LTD
LD
19448 DEEPGREEN FINL INC
LD
19495 FAIRON & ASSOC INC
LD
21219 OASIS GRP LLC
BD
21633 EPIX FUNDING GROUP,
INC.
LD
21840 GA HOME FINANCIAL
CORP.
BD
TOTAL: 10
11-01-2006 11-16-2006
11-05-2006
11-01-2006
11-21-2006 11-07-2006 11-21-2006
11-03-2006
11-16-2006 11-17-2006
ID# 20163
21893 21909 21910 21921 21922
21940 21959 21969
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN NOVEMBER 2006
MB
ORIGINAL
COMPANY NAME Southern Horizon Financial Group, LLC * Innovative Mortgages, Inc.
CITY Kennesaw
Vienna
ST CODE
GA
L
VA
L
APPROVAL 04-01-2005
11-03-2006
RENEWAL REINSTATED 11-03-2006
11-03-2006
Rate One, Inc. The Mortgage People Memphis
TN
L
11-03-2006 11-03-2006
Taneise S. Deal
Alpharetta
GA
P
11-03-2006 11-03-2006
MBA Financial Associates, Inc.
Miramar
FL
B
11-03-2006 11-03-2006
Georgia Mortgage & Funding Group, LLC Lexington Capital Corporation
Tyrone Santa Ana
GA
B
CA
L
11-03-2006 11-03-2006
11-03-2006 11-03-2006
Premier Choice Mortgage, LLC Abaca Mortgage, Inc.
College Park Navarre
GA
B
FL
B
11-03-2006 11-03-2006
11-03-2006 11-03-2006
21971 21976 21984 21985 14335 21847
21926
Southern Mutual Mortgage, LLC Life City Financial Group, LLC Signature Mortgage Group, Inc. Citywide Mortgage Corporation Solstice Capital Group, Inc. # First Access Mortgage Corp.
Quid Quo Mortgage, Inc.
Duluth Doraville Marietta Norcross Irvine Hammond
Jupiter
GA
B
GA
B
GA
B
GA
B
CA
R
LA
B
FL
B
11-03-2006 11-03-2006 11-03-2006 11-03-2006 04-02-1999 11-10-2006
11-10-2006
11-03-2006 11-03-2006 11-03-2006 11-03-2006 11-10-2006 11-10-2006
11-10-2006
21949 Fidelity One Finance, LLC 21952 Infinite Possibilities Worldwide, LLC
Miami Lithonia
FL
B
GA
B
11-10-2006 11-10-2006
11-10-2006 11-10-2006
21953 United Home Mortgage (Inc.)
Minneapolis
MN
B
11-10-2006 11-10-2006
Continued on Page 9
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 9
ID# 21960 21966
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN NOVEMBER 2006
COMPANY NAME
CITY
MB ST CODE
ORIGINAL APPROVAL
RENEWAL REINSTATED
Source 1 Lending, LLC
Atlanta
GA
B
11-10-2006 11-10-2006
GNM Enterprises, Inc. (MI)
Madison
MI
B
11-10-2006 11-10-2006
21983 Home-Key Capital, Inc.
Auburn
GA
B
21992 Gates Lending, LLC
Atlanta
GA
B
20422 SunnyMTG.com 866-768-CASH,
Fort Lauderdale FL
L
LLC *
21956 Julie Bordelon
Kennesaw
GA
B
21963 Taylor Mortgage Broker Consulting, Inc.
21977 Champion Financial Group, LLC
Alpharetta Savannah
GA
B
GA
B
21979 J & S Capital Group, Inc.
Duluth
GA
B
21980 NuVision Mortgage Services, LLC Suwanee
GA
B
21988 Home Servicing, LLC (Louisiana)
Baton Rouge
LA
L
21989 Trinity Freedom Mortgage, Inc.
Lilburn
GA
B
21993 Atlanta Mortgage Lending, LLC
Suwanee
GA
B
22005 Ameriquest Asset Management,
Orange
CA
L
LLC
22008 Reliance Mortgage Brokerage, Inc. Fort Lauderdale FL
B
22009 Global Mortgage Lenders, LLC
Atlanta
GA
B
21885 Discount Mortgage Warehouse,
Sunny Isles
FL
L
Inc.
Beach
21903 Crown Mortgage Group & Associ- Deerfield Beach FL
B
ates, LLC
21978 Regent Mortgage Funding, LLC
Naples
FL
L
21999 Brand Mortgage Group, LLC
Lawrenceville
GA
L
16942 American Lending Corporation
Owings Mills
MD
L
17491 AGA Investors, LLC
Albany
GA
B
20013 Pacific West Lending, Inc.
Carlsbad
CA
L
20754 Branch Mortgage Consultants, Inc. East Setauket
NY
B
15922 Peachtree City Mortgage House,
Peachtree City GA
B
LLC
11-10-2006 11-10-2006 08-05-2005
11-17-2006 11-17-2006
11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006
11-17-2006 11-17-2006 11-24-2006
11-24-2006
11-24-2006 11-24-2006 11-30-2001 08-30-2002 01-21-2005 11-18-2005 07-21-2000
11-10-2006 11-10-2006 11-17-2006
11-17-2006 11-17-2006
11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006 11-17-2006
11-17-2006 11-17-2006 11-24-2006
11-24-2006
11-24-2006 11-24-2006 11-03-2006 11-03-2006 11-10-2006 11-17-2006 11-24-2006
11-03-2006 11-03-2006 11-10-2006 11-17-2006 11-24-2006
TOTAL: 44
*
Upgrade Broker to Lender
+
Downgrade Lender to Broker
#
Upgrade Lender to Registrant
Downgrade Registrant to Lender
MB CODES B = BROKER L = LENDER R = REGISTRANT
Continued on Page 10
Monthly Summary of Mortgage Activities For the Period Ending November 2006
Page 10
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