NDFI MONTHLY MORTGAGE SUMMARY November 2007 Georgia Department of Banking & Finance-- Non Depository Financial Institutions Division Monthly SMuomnmthalryy SoufmMmoarrtygaogfeMAocrttigvaigteieAs cftoirvitthieesPfeorriothdeEPnedriniogdNEonvdeimngbeArp2ri0l 027007 Inside this issue: NEWS FHA Policy on Broker Fees 1 Reverse Mortgages 2 $6.50 fees 3 Examiner Outreach Program 3 2008 Holidays 4 New Industry Complaint Form 4 ADMINISTATIVE ITEMS Administrative Actions & Fine Data 5-6 Licenses Revoked, Expired...Denied 7 Licenses Approved & Reinstated 8-9 Fines 9 Useful Links MORTGAGE FORMS: DBF.GEORGIA.GOV/ DBFMTGFORMS UPDATING LICENSE INFORMATION DBF.GEORGIA.GOV/ DBFMTGFORMS MORTGAGE SUMMARY DBF.GEORGIA.GOV/ DBFMTGSUMMARY Page 1 NEWS ITEMS RESPA/FHA POLICY STATEMENT - (FORWARD MORTGAGES ONLY) (FHA Release, October 30, 2007) endorsement. **FHA POLICY ALERT** NON FHA-APPROVED MORTGAGE BROKER FEES IN FHA MORTGAGE TRANSACTIONS T he subject alert reconfirms existing FHA policy regarding the use of non FHAapproved mortgage brokers. FHA loan origination services must be performed by a FHA-approved lender or FHA approved mortgage broker (loan correspondent). A loan correspondent may be compensated for the actual loan origination services it performs either directly by the consumer or indirectly by the FHA approved lender without being in violation of either the RESPA statute and regulations or FHA regulations. In transactions where the mortgage broker is not an FHA-approved broker, the loan origination services cannot be performed. Under these circumstances, RESPA would prohibit the payment to the non FHA-approved mortgage broker because those services, under FHA regulations, would have to be performed again by either an FHA-approved lender or loan correspondent. The payment to the unapproved broker for duplicated services amounts to an unearned fee in violation of section 8(b) of RESPA. Further, this payment also acts as a disguised referral fee for steering the borrower to the FHA-approved lender or loan correspondent which is in violation of section 8(a) of RESPA. While a broker who is not FHA-approved may assist a prospective FHA borrower in obtaining an FHA loan, the non-approved broker cannot perform required FHA loan origination services. In these instances, the fee charged must be paid from the mortgagor's own available assets, must be disclosed on the HUD1 at closing and a copy of the contract included in the loan file submitted for insurance Under no circumstances, may a borrower pay a fee that is not commensurate with the amount normally charged for the similar services, goods or facilities. If the payment or a portion thereof bears no reasonable relationship to the market value of the goods, facilities or services provided, the excess over the market rate may be used as evidence of a compensated referral or unearned fee in violation of section 8(a) or (b) of RESPA and 24 CFR 3500.14(g). RESPA provided further guidance to industry regarding payments by lenders to mortgage brokers in Policy Statement 19991. While the policy statement specifically speaks of lender payments to mortgage brokers, those payments are indirectly paid by the consumer and the policy statement would apply equally to payments made directly by the consumer. (The Department has received many questions concerning this issue, as many non-FHA approved brokers are looking for business from other sources. As a result, these brokers are dealing with FHA loans for which their services cannot be compensated except as noted where paid by the mortgagor's own assets. While the practice is not in violation of the Georgia Residential Mortgage Act, it is in violation of RESPA as noted here, and such practices will be reviewed during the examination process.) November 2007 Page 2 News--Continued the lender only has a security interest in the property REVERSE MORTGAGES to secure the loan. The Home Equity Conversion Mortgage (HECM) is the only reverse mortgage insured by the federal government. The Department continues to be asked the question--"Do I HECM loans are insured by the Federal Housing need a license to conduct mortgage activity related to reverse Administration (FHA). The FHA tells HECM lenders how mortgages?" The short answer is YES, as explained below. much they can lend, based on the borrower's age and their home's value. The HECM program limits loan costs, and the According to the definitions contained in the Georgia FHA guarantees that lenders will meet their obligations. Residential Mortgage Act ("Act"), O.C.G.A. 7-1-1000, a mortgage loan is defined as follows: Reverse mortgages that are backed and owned by the private companies that develop them are known as "Mortgage loan" [O.C.G.A. 7-1-1000(13)] means a loan "proprietary" reverse mortgages. These companies have or agreement to extend credit made to a natural person, proprietary or ownership rights to these loans, and they which loan is secured by a deed to secure debt, security decide which lenders may offer them. By contrast, deed, mortgage, security instrument, deed of trust, or federally-insured Home Equity Conversion Mortgage other document representing a security interest or lien (HECM) loans are backed by the federal government and upon any interest in one-to-four family residential property may be offered by any lender approved by the Federal located in Georgia, regardless of where made, including the Housing Administration. renewal or refinancing of any such loan. HECMs Versus Other Reverses And to further expand on that definition from the Act: HECM loans generally provide the largest loan advances of "Residential property" [O.C.G.A. 7-1-1000(16)] means any reverse mortgage. HECMs also provide the most improved real property used or occupied, or intended to choices in how the loan is paid to the borrower, and the be used or occupied, as the principal residence of a natural money can be used for any purpose. person. Such term does not include rental property or second homes. Although they can be costly, HECMs are generally less expensive than privately-insured reverse mortgages. Other Therefore, by its very nature, a reverse mortgage is a loan reverse mortgages may have smaller fees, but they generally against someone's home, since a reverse mortgage is only have higher interest rates. On the whole, HECMs are likely available to persons over the age of 62 who occupy the to cost less in most cases. property as their primary residence and who have paid off more than 35% of their mortgage balance to borrow Reverse mortgages offered by state or local governments against the equity in the home. generally have the lowest cost compared to other reverse mortgage product offerings. These loans typically must be Homeowners never have to repay the loan as long as they used for one specific purpose only, for example, to repair live in the home. The owner can choose to receive the the home or pay property taxes. They also generally are cash disbursements as monthly income, a line of credit, or a available only to homeowners with low to moderate lump sum. And under a reverse mortgage, the owner incomes. keeps title to the property it stays part of the individual's estate. Licensees should inform interested consumers that the reverse mortgage is a borrowing transaction which may So, reverse mortgages meet the definition of a mortgage have significant fees and costs which should be carefully loan under the Act: considered prior to entering into a reverse mortgage transaction. The loans represent a security interest in family residential property; Do you need a GRMA license to do reverse mortgages? Most definitely, unless you qualify under a standard the property is used as the principal residence of the exemption from licensing noted in the Act. If you make a person; reverse mortgage and are not otherwise exempt from the title to the property remains with the person; licensing, you need a license-- to broker, process, or lend. Page 3 November 2007 News--Continued $6.50 Fees The $6.50 per loan fees required by O.C.G.A. Section 7-1- 1011(b)(2) and Department Rule 80-5-1-.04 are due no Examiner Outreach Program later than March 3, 2008 for residential mortgage loans closed during the period July 1, 2007 through December 31, 2007. The $6.50 fee will be due if the loan is a resi- A reminder--The Department has expanded its outreach pro- dential mortgage loan as defined in the Georgia Residen- gram. Your company or group is invited to request an informa- tial Mortgage Act (GRMA), and if a security deed, a modi- tive training session by a Mortgage Examiner for an educational fication of a security deed or other form of modification program. The program is limited to one to two hours in length, of a security interest is recorded. and the topics covered must include fraud prevention, as well as other topic(s) as applicable to the Georgia Residential Mortgage The Department is initiating a new notification proce- Act. Depending upon the topics requested, one to two hours of dure for the fees due for the current period. Financial continuing education credit(s) can be earned by brokers/ institutions and mortgage licensees and registrants who processors (see note below). There are some restrictions, how- act as the collecting agent (including brokers who table ever: fund and collect the fee) will now be notified by e-mail only regarding the $6.50 fee payment and information There must be a minimum of 20 guests. regarding accessing the online fee payment system. This e-mail will be sent to the primary contact for the financial institution or mortgage licensee or registrant, according You must provide all handouts if applicable (PowerPoint presentations are available for some subjects). to the Department's records. Those owing fees may pay Time is limited to one to two hours, with presentations online beginning January 2, 2008 from our secure website given during regular business hours. at: https://bkgfin.dbf.state.ga.us/GRMAFee.html Sponsors should provide the location and set up. Institutions that are not in our database and cannot ac- cess the online system will be able to download a form Presentations are currently limited to metro Atlanta. from the URL noted above. (Continued on page 4) CHRISTMAS AND NEW YEAR HOLIDAYS THE OFFICES OF THE DEPARTMENT OF BANKING AND FINANCE WILL BE CLOSED FOR THE CHRISTMAS AND NEW YEAR HOLIDAYS ON THE FOLLOWING DAYS: MONDAY, DECEMBER 24, 2007, TUESDAY, DECEMBER 25, 2007AND TUESDAY, JANUARY 1, 2008 Merry Christmas Happy Hanukkah & A Happy New Year!! November 2007 Page 4 News--Continued Examiner Outreach (Continued from page 3) To apply towards continuing education credits for your guests, you must provide certificates and maintain a list of attendees. Attendees must also retain proper certificates and documentation for review in their records, should they be examined. The number of openings per month is limited. The Department will try to meet as many requests as possible on a first request basis within examination scheduling constraints. The outreach program is not limited to the mortgage industry. Law enforcement, homeowners associations, community groups, and others are also welcomed to request a session. Interested? Send an email to Diane@dbf.state.ga.us. Provide your name, your group, the expected number of guests, location, and topic desired in addition to fraud. Flexibility in scheduling is a plus; however, larger groups that need a specific day will be given consideration. SPEAKING ENGAGEMENTS There are no upcoming speaking engagements for December, 2007. 2008 STATE HOLIDAYS The following is a list of State Holidays when the Capitol and all State agencies will be closed in 2008. Holiday Date/Observed Date New Year's Day 2008 January 1st - Tuesday Robert E. Lee's Birthday January 19th - Saturday Observed Friday, Nov 28th Martin Luther King Jr.'s Birthday January 21st - Monday Washington's Birthday Confederate Memorial Day February 18th - Monday Observed Friday, Dec 26th April 28th - Monday Memorial Day Independence Day May 26th - Monday July 4th - Friday NEW INDUSTRY REPORTING FORMS The Department now has a complaint form available for use by the industry. The new form should be used by those in or connected with the mortgage industry to report a mortgage licensee for suspected mortgage fraud and/or for a violation of the Georgia Residential Mortgage Act (GRMA). Please see the new fillable forms, available in either Word or Adobe, on the internet at: http://dbf.georgia.gov/dbfmtgforms Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day September 1st - Monday October 13th - Monday November 11th - Tuesday November 27th - Thursday Observance of Lee's Birthday Friday, Nov 28thth December 25th - Thursday Observance of Washington's Birthday Friday, Dec. 26th Page 5 November 2007 Administrative Actions CEASE AND DESIST ORDERS--ISSUED 1st Palm Financial Services, LLC, Jacksonville, FL Cease and Desist Order issued October 18, 2007 became final on November 18, 2007. 1st Preference Mortgage Corporation, Baltimore, MD (license no. 17134) Cease and Desist Order issued Oc- tober 2, 2007 became final on November 3, 2007. America's Choice Mortgage, Inc., Martinez, GA (license no. 13865) Cease and Desist Order issued October 2, 2007 became final November 1, 2007. America's Home Mortgage, LLC, St. Louis, MO (license no. 22256) Cease and Desist Order issued October 15, 2007 became final on November 14, 2007. American Unified Mortgage, Inc., Fallbrook, CA (license no. 11979) Cease and Desist Order issued October 18, 2007 became final on November 18, 2007. Family Tree Mortgage Corporation, Mableton, GA (license no. 13513-- Cease and Desist Order issued Octo- ber 25, 2007 became final on November 25, 2007. Galaxy Mortgage, Chattanooga, TN (license no. 14853) Cease and Desist Order issued October 19, 2007 be- came final on November 21, 2007. Hoang, Xuan Van , Sacramento, CA (license no. 21514) Cease and Desist Order issued October 5, 2007 be- came final on November 7, 2007. H&H Mortgage & Investments, Inc., Plantation, FL (license no. 22048) Cease and Desist Order issued Octo- ber 2, 2007 became final on November 1, 2007. InnoSolutions, LLC dba Honest Reality & Mortgage, Sacramento, CA Cease and Desist Order issued October 18, 207 became final on November 18, 2007. Khanna, Inc. dba RMC Financial.com, Hayward, CA Cease and Desist Order issued October 19, 2007 became final on November 19, 2007. Legacy Financial Corporation, Rockville, MD (license no. 21398) Cease and Desist Order issued October 5, 2007 became final on November 5, 2007. Middle GA Mortgage, Inc., Macon, GA (license no. 18410) Cease and Desist Order issued October 5, 2007 became final on November 5, 2007. Millennium One Enterprise, Inc. dba Millennium 1st Funding, Rancho Cucamonga, CA (license no. 21384) Cease and Desist Order issued October 23, 2007 became final on November 24, 2007. The Mortgage Source, Atlanta, GA (license no. 13454) Cease and Desist Order issued October 19, 2007 be- came final on November 21, 2007 The Mortgage Store, Inc., Woodstock, GA (license no. 12953) Cease and Desist Order issued October 25, 2007 became final on November 25, 2007. Northpoint Home Loans, Inc., Atlanta, GA (license no. 15853) Cease and Desist Order issued October 2, 2007 became final on November 1, 2007. November 2007 Page 6 CEASE AND DESIST ORDERS--ISSUED (Continued) Residential Lending Corporation of Maryland, Calverton, MD (license no. 20639) Cease and Desist Order issued October 26, 2007 became final on November 25, 2007. Sage Credit Company, Inc. (DE) dba Sage Credit, Irvine, CA (license no. 20040) Cease and Desist Order is- sued October 25, 2007 became final on November 24, 2007. CEASE AND DESIST ORDERS--LIFTED All Credit Home Loans, Inc, Canton, GA (license no. 21595) Cease and Desist Order issued August 6, 2007 was rescinded on November 9, 2007. Primrose Mortgage Company, Inc., Woodstock, GA (license no. 7335) Cease and Desist Order issued August 17, 2007 was rescinded on November 9, 2007. FINAL CONSENT ORDERS --ISSUED Apex Mortgage Plus, Inc., Conyers, GA (license no. 18833) Consent Order issued on November 9, 2007 became final on November 9, 2007. HomeLoans USA, Inc., Atlanta, GA (license no. 7488) Consent Order issued on November 5, 2007 became final on November 5, 2007. Kori, Stephen, Oxford, GA Consent Order issued November 5, 2007 became final on November 5, 2007. Patterson, Osae, Conyers, GA--Consent Order issued November 9, 2007 became final on November 9, 2007. SUPERIOR COURT INJUNCTIONS None Page 7 November 2007 LICENSEES/REGISTRANTS REVOKED, EXPIRED, SURRENDERED, WITHDRAWN OR DENIED IN NOVEMBER 2007 ID# NAME 6770 1ST GREENSBORO HM EQUITY 7488 11979 12953 13454 13513 13865 14003 14853 15019 15853 HOMELOANS USA INC AMER UNIFIED MTG INC MTG STORE INC MTG SOURCE FAMILY TREE MTG CORP AMER CHOICE MTG CO LENDING CONNECTION INC GALAXY MTG HOME LOAN CORP NORTHPOINT HM LOANS INC 16520 SUPERIOR LENDING LLC 17134 1ST PREFERENCE MTG CORP 17524 17907 18410 18833 19300 19611 19759 19977 19979 20040 20639 20909 21101 21325 SMART GUY MTG INC INNOVEX MTG INC MIDDLE GA MTG INC APEX MTG PLUS INC NEW ST MTG LLC ATTORNEYS MTG SVCS LLC 1ST AMER MTG INC (VA) NET FUNDING INC ARCHSTONE FINL MTG LLC SAGE CREDIT CO INC (DE) RES LENDING CORP MD MULTI FINL SVCS CO INC GREENLINK FINL SVCS LLC FOUNTAIN BRIDGE MTG CORP 21384 MILLENNIUM ONE ENTERPRISE 21398 21514 21549 22048 22075 22256 22271 22814 LEGACY FINL CORP HOANG, XUAN VAN AMERILOAN HM MTG INC H&H MTGS & INVS INC NESMITH, LISA A AMER HM MTG LLC DIRECT BEST LENDING INC PARAGON HM LENDING LLC CODE LD LD LD BD BD BD LD LD BD LD BD LD LD BD LD BD BD LD LD LD BD BD LD LD LD BD BD BD LD BD BD BD BD BD BD LD REVOKED 11-05-2007 11-09-2007 EXPIRED SURREN- DERED 11-18-2007 11-25-2007 11-21-2007 11-25-2007 11-01-2007 11-21-2007 11-01-2007 11-03-2007 11-05-2007 11-24-2007 11-25-2007 11-05-2007 11-24-2007 11-05-2007 11-07-2007 11-01-2007 11-14-2007 WITHDRAWN 11-29-2007 DENIED 11-30-2007 11-08-2007 11-15-2007 11-15-2007 11-14-2007 11-14-2007 11-30-2007 11-14-2007 11-08-2007 11-02-2007 11-28-2007 11-28-2007 11-07-2007 11-29-2007 11-08-2007 11-07-2007 TOTAL: 36 November 2007 Page 8 LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN NOVEMBER 2007 ID# COMPANY NAME City ST MB CD ORIGINAL RENEWAL REIN- APPROVAL STATED 22899 Merit Home Funding, Inc. Bronx NY B 11-02-2007 11-02-2007 22915 Nationwide Mortgage Lending Group, Alpharetta Inc. GA B 11-02-2007 11-02-2007 22921 Midcontinent Financial Center, Inc. Columbia MO L 11-02-2007 11-02-2007 22930 EMM Financial, LLC Chandler AZ B 11-02-2007 11-02-2007 22942 Salnam Chau McDonough GA B 11-02-2007 11-02-2007 22966 Maurice Marvin Daniel Duluth GA B 11-02-2007 11-02-2007 22970 Huashi Amy Park Alpharetta GA B 11-02-2007 11-02-2007 22981 SENE Home Mortgage Corporation Smyrna GA B 11-02-2007 11-02-2007 22849 American Advisors Group, Inc. Irvine CA B 11-09-2007 11-09-2007 22902 MFC Mortgage, Inc. of Florida Maitland FL L 11-09-2007 11-09-2007 22912 First Choice Funding Group, Ltd. Orange CA B 11-09-2007 11-09-2007 22961 Entrafund Home Mortgage, LLC Covington LA L 11-09-2007 11-09-2007 22977 1st Crown Mortgage and Finance Co., Marietta Inc. GA B 11-09-2007 11-09-2007 22990 AAA Remodeling, Inc. Acworth GA B 11-09-2007 11-09-2007 12896 Reliable Mortgage, Inc. * Gainesville GA L 10-10-1997 11-16-2007 22853 Priority Partners Lending Group, Inc. Grandville MI B 11-16-2007 11-16-2007 22944 ACF Partners CA (L.P.) Santa Monica CA L 11-16-2007 11-16-2007 23006 Luxury Mortgage Corp. Stamford CT L 11-16-2007 11-16-2007 23007 Freedom Lending Group, Inc. La Jolla CA L 11-16-2007 11-16-2007 23009 LoanExpert, LLC Cumming GA B 11-16-2007 11-16-2007 22120 Palomar Mortgage Corp. + Carlsbad CA B 02-16-2007 11-23-2007 22931 Mutual West, Inc. La Verne CA B 11-23-2007 11-23-2007 23013 Benchmark Community Mortgage Corp. Atlanta GA B 11-23-2007 11-23-2007 23015 Consumer One Corp. Ronkonkoma NY B 11-23-2007 11-23-2007 17074 NMC Mortgage Corporation + Overland Park KS B 02-01-2002 11-30-2007 21799 Pacific Wholesale Mortgage, Inc. * Pasadena CA L 10-27-2006 11-30-2007 21847 First Access Mortgage Corp. * Hammond LA L 11-10-2006 11-30-2007 22965 R. Harris Financial, Inc. Odessa FL B 11-30-2007 11-30-2007 22971 Reneka Latrice Ward Duluth GA B 11-30-2007 11-30-2007 22987 Ratesmart, Inc. Atlanta GA B 11-30-2007 11-30-2007 22991 Dominion Residential Mortgage, LLC Fairfax VA B 11-30-2007 11-30-2007 23028 RE Source Mortgage Funding, Inc. Gainesville GA B 11-30-2007 11-30-2007 23034 The Mortgage Source, LLC Alpharetta GA B 11-30-2007 11-30-2007 Page 9 November 2007 LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN NOVEMBER 2007 ID# COMPANY NAME City ST MB CD ORIGINAL RENEWAL REIN- APPROVAL STATED 23035 Aegis Loan Servicing, L.P. Houston TX L 11-30-2007 11-30-2007 7335 Primrose Mortgage Company, Inc. Woodstock GA L 21595 All Credit Home Loans, Inc. 20778 QuoteMatch, LLC Canton San Diego GA B CA B 19743 21594 Integrity Mortgage & Lending Solu- tions, LLC Titan Mortgage Corporation * Mableton Duluth GA B GA B 09-22-1995 08-25-2006 01-13-2006 01-07-2005 06-22-2007 11-09-2007 11-09-2007 11-23-2007 11-30-2007 11-30-2007 11-09-2007 11-09-2007 11-23-2007 11-30-2007 11-30-2007 TOTAL: 39 FINE INFORMATION Information regarding fines assessed against a specific licensee, against whom there are no pending administrative actions, is available on an individual licensee basis by submitting a written request to the following e-mail address: dbfmort@dbf.state.ga.us FINE REASON 7 Licensees fined for Advertising Violations 3 Licensees fined for Background Checks Violation 2 Licensees for Prohibited Acts 2 Licensees fined for Books & Records 3 Licensees for Failure to Fund 2 Licensees fined for Loan Files Not Properly Maintained 1 Licensee fined for Acquisition of 10% ownership w/o approval 1 Licensee fined for doing business w/ Unlicensed Entity November 2007 Page 10 Georgia Department of Banking and Finance LICENSE STATUS CHANGE INDICATORS & MORTGAGE LICENSE CODES--(In Tables) 2990 Brandywine Road Suite 200 Atlanta, Georgia 30341-5565 Phone: (770) 986-1136 Fax: (770) 986-1654 or 1655 Email: dbfmort@dbf.state.ga.us License Status Indicators (MB CD) - Mortgage License Codes * Upgrade Broker to Lender B Broker + Downgrade Lender to Broker L Lender We're on the Web! dbf.georgia.gov # Upgrade Lender to Registrant P Downgrade Registrant to Lender R Processor Registrant Sign-up to Receive this Publication This publication is delivered to interested parties via e-mail and is also available from the Department's website at: http://dbf.georgia.gov. If you would like to be added to our distribution list, please send an e-mail to dbfpress@dbf.state.ga.us and indicate your name, the company you are with, and your phone number.