Monthly mortgage summary, Sept. 2008

NDFI

MONTHLY MORTGAGE SUMMARY

September 2008
Georgia Department of Banking & Finance-- Non Depository Financial Institutions Division Monthly SMumonmtahrlyy Souf mMmoratrgyaogfe MAocrttigvaitgieesAcfotirvitthieesPfeorriotdheEnPdeirniogdSeEpntdeinmgbAerpr2i0l 028007

Inside this issue:

Page 1

NEWS

NEWS ITEMS

GEORGIA NEWS
NMLS 1 Examinations 1

Signed Applications 2

ADMINISTRATIVE ITEMS

Administrative 3Actions 5

Licenses Approved & Reinstated

5

Licenses Revoked, 6Expired...Denied 7

Fines 8

Contact Information

9

Useful Links MORTGAGE FORMS: DBF.GEORGIA.GOV/
DBFMTGFORMS
UPDATING LICENSE INFORMATION
DBF.GEORGIA.GOV/
DBFMTGFORMS
MORTGAGE SUMMARY DBF.GEORGIA.GOV/
DBFMTGSUMMARY

GEORGIA NEWS
NMLS

EXAMINATIONS

As noted in last month's Mortgage Summary, the Department will be participating in the Nationwide Mortgage Licensing System (NMLS) as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE") (H.R. 3221). Title V requires that each state enact minimum standards regarding the supervision of mortgage originators and adopt the NMLSR, or the U.S. Department of Housing and Urban Development will assume the responsibility for the regulation of mortgage originators (as defined in SAFE) in that state.
The Department is moving forward working with NMLS to develop a plan that will provide a smooth transition of licensee records to the new system.
A transition announcement letter, detailing steps you will need to take to get your record to the NMLS will be sent via e-mail to all licensees and registrants later in the near future. It will outline what you need to do. In addition, there is to be a webinar for those transitioning to the system. This is provided to allow users to see the functionality of the system and gain familiarity with the menus, etc. NMLS and NDFI personnel will be on the conference call/webinar to answer your questions from a system perspective and a regulatory perspective of what you can expect. This is currently planned for December 10, and more information will be sent to licensees.

Since late 2003, most examinations have been conducted on a "targeted" basis. Targeted examinations result from any number of reasons, but are often scheduled as a result of information provided to the Department from a consumer complaint, a company insider indicating operational or problematic issues, or other industry insiders reporting questionable operations. If any of these reasons exist, you can expect to see examiners at any time, without prior notice.
Even a first examination can result in fines and revocation of the license. It is essential that each licensee know and abide by the Georgia Residential Mortgage Act (GRMA) and corresponding Mortgage Division Rules, and prevent the "deadly sins" that will cause revocation. Included are the following:
Hiring a Felon
Hiring a Person with a current Cease and Desist Order
Dealing with Unlicensed Entities
Pattern of Misrepresentation
Making False Statements or Refusing to allow an Examination

The licensee should also ensure that all books and records are in compliance with GRMA.

The Department's website has a wealth of information. Search the Monthly Summaries, Frequently Asked Questions, and GRMA (Code) and Rules for more information. And as always, the Mortgage Examiners will be happy to answer any questions.

Page 2

September 2008

Other News
SPEAKING ENGAGEMENTS There are no upcoming speaking engagements for
October, 2008.
HOLIDAY CLOSING The Department will be closed on Monday,
October 13, for Columbus Day.
Loan Docs--Signed Applications
In the course of conducting examinations of mortgage licensees, the Department is finding a large number of loan applications that are not signed and dated by the loan officer and borrower.
Mortgage Division Rule 80-11-2-.04 lists a signed mortgage loan application as one of the many items required to be included in a loan file.
In the event that the loan application is taken in person, there is no excuse for not having both the signature of the borrower and loan officer. If the application is taken via phone, mail, or internet, the loan officer must sign and mail the application to the borrower for them to sign and return.
Some licensees have expressed concern about borrowers failing to return the disclosure packet, and they cite this as a reason that their loan officers do not sign or date the application. Not maintaining a signed loan application is a violation. Additionally, Rule 80-11-1.01(6)(b) states that the licensee is responsible for keeping a copy of the acknowledgement letter that is mailed out to the borrower. This letter can serve as proof that the licensee mailed the disclosure packet out within the allotted timeframe regardless of whether or not the borrower returned it as requested.

REMINDER: Identity Theft "Red Flags" Rule Mandatory Compliance Date Ap-
proaching
The Identity Theft "Red Flags" rule, as required under the Fair and Accurate Credit Transaction Act (FACTA), was issued jointly on November 15, 2007 by the federal bank, credit union and thrift regulators and the Federal Trade Commission. The regulation and guidelines were effective on January 1, 2008, and mandatory compliance is required by November 1, 2008. This regulation ap- plies to mortgage licensees. See "Red Flags" link on the FTC website for definitions, explanations and guidance. As a reminder:
The regulation and guidelines implement sections 114 and 315 of the Fair and Accurate Credit Trans- actions Act of 2003.
The regulation requires each financial institution or creditor to develop and implement a written Identity Theft Prevention Program to detect, pre- vent, and mitigate identity theft in connection with the opening of certain accounts or certain existing accounts.
Supplement A to the guidelines contains a list of 26 "red flags" that financial institutions and credi- tors may consider incorporating into their identity theft prevention programs.
The guidelines are intended to assist financial insti- tutions in implementing the regulation.
The regulation requires card issuers to assess the validity of change of address requests before issu- ing additional or replacement debit or credit cards.
The regulation requires users of consumer reports to reasonably verify the identity of the subject of a consumer report in the event the user receives a notice of address discrepancy from the consumer reporting agency.
You may access the Interagency Final Rule from Inter- agency Final Rule Regarding Identity Theft Red Flags and Address Discrepancies

September 2008
Administrative Actions

Page 4

FINAL CEASE AND DESIST ORDERS
LaFleur, Robespierre Valery aka Valery LeFleur, Marietta, GA--Cease and Desist Order issued August 26, 2008 became final on September 16, 2008.
Milan Group, The, Inc. dba Milan Mortgage Lenders, Doral, FL (license no. 21443) Cease and Desist Order issued August 7, 2008 became final on September 7, 2008.
Miller, Judy M., Guyton, GA--Cease and Desist Order issued August 26, 2008 became final on September 16, 2008.
Morningside Mortgage Management, Inc., Atlanta, GA--Cease and Desist Order issued August 4, 2008 became final on September 4, 2008.
Mutyambizi, Fidelis, Miami, FL--Cease and Desist Order issued August 19, 2008 became final on September 9, 2008.
New Liberty Home Loans, LLC, Duluth, GA (license no. 17890) Cease and Desist Order issued August 14, 2008 became final on September 13, 2008.
New South Mortgage, Inc., Carrollton, GA (license no. 12625) Cease and Desist Order issued August 8, 2008 became final on September 7, 2008.
Peachtree National Mortgage, Inc., Fayetteville, GA (license no. 7224) Cease and Desist Order issued August 8, 2008 became final on September 7, 2008.
Shaheed, Aaliyah, Stone Mountain, GA Cease and Desist Order issued August 26, 2008 became final on September 16, 2008
Supreme Mortgage, LLC, Duluth, GA (license no. 20721) Cease and Desist Order issued August 15, 2008 became final on September 17, 2008.
Taylor, Geoffrey Christian , Douglas, GA Cease and Desist Order issued August 19, 2008 became final on September 9, 2008
Taylor, Geoffrey Christian , Douglas, GA Cease and Desist Order (OCGA 7-1-1002) issued August 22, 2008 became final on September 22, 2008
Towers Capital, LLC, Atlanta, GA (license no. 21579) Cease and Desist Order issued August 14, 2008 became final on September 13, 2008.
Tu Casa & Associates, Inc., Buford, GA (license no. 22468) Cease and Desist Order issued August 19, 2008 became final on September 18, 2008.
Universal Mortgage Advisors, Inc., Brunswick, GA (license no. 21672) Cease and Desist Order issued August 5, 2008 became final on September 4, 2008.

September 2008
Administrative Actions

Page 3

FINAL CEASE AND DESIST ORDERS
AKIT Mortgage Company, Atlanta, GA (license no. 18502) Cease and Desist Order issued August 19, 2008 became final on September 18, 2008.
Advanced Processing Center, LLC, South Burlington, VT-- Cease and Desist Order issued August 22, 2008 became final on September 22, 2008.
Allied Capital Mortgage Company, Jacksonville, FL (license no. 22011) Cease and Desist Order issued August 5, 2008 became final on September 4, 2008.
American Mortgage Services, Inc. dba Loan America, Lawrenceville, GA (license no. 12252) Cease and Desist Order issued July 30, 2008 became final on September 1, 2008.
Barksdale Business Group, Inc. dba Barksdale Loan Consultants, Levittown, PA (license no. 11827) Cease and Desist Order issued August 12, 2008 became final on September 14, 2008.
Boykin Insurance & Associates, Inc., Atlanta, GA (license no. 21806) Cease and Desist Order issued August 14, 2008 became final on September 13, 2008.
Burton, Luther, Atlanta, GA--Cease and Desist Order issued January 1, 2008 became final on September 10, 2008.
Complete Home Lending, Inc., Orange Park, FL (license no. 6819) Cease and Desist Order issued August 28, 2008 became final on September 30, 2008.
Community Home Financial Services, Jackson, MS--Cease and Desist Order issued August 4, 2008 became final on September 4, 2008.
Crosspoint Mortgage Corporation, Atlanta, GA (license no. 13120) Cease and Desist Order issued August 21, 2008 became final on September 21, 2008.
CT Mortgage Group, Inc., Cumming, GA (license no. 22097) Cease and Desist Order issued August 28, 2008 became final on September 29, 2008.
DBSA Holdings, Inc. dba Foundation Capital Group, San Diego, CA (license no.15616) Cease and Desist Order issued August 26, 2008 became final on September 28, 2008.
Empire Mortgage Services, Inc., Somerset, NJ (license no. 20254) Cease and Desist Order issued August 12, 2008 became final on September 13, 2008.
Ezzell, Kay F., Acworth, GA--Cease and Desist Order issued January 3, 2008 became final on September 25, 2008.
Fieldstone Mortgage Company, Columbia, MD (license no. 11445) Cease and Desist Order issued August 19, 2008 became final on September 18, 2008.
First Choice Financial Corporation, Milledgeville, GA (license no. 13652--Cease and Desist Order issued August 19, 2008 became final on September 18, 2008.
Gomillion, Audrey, dba Mortgage Banc of Georgia, Tucker, GA (license no. 6049) Cease and Desist Order issued July 30, 2008 became final on September 1, 2008.

Page 5
Administrative Actions

September 2008

CEASE AND DESIST ORDERS--LIFTED
All American Mortgage Brokers, Inc., Woodstock, GA (license no. 18516) Cease and Desist Order issued July 29, 2008 was rescinded on September 19, 2008.
Darwyn Shane Comer dba Southeastern Express Mortgage, Macon, GA (license no. 12744) Cease and Desist Order issued May 28, 2008 was rescinded on September 12, 2008.
Jennifer Ann Floyd-Brown dba Action First Mortgage Company, Albany, GA (license no. 12442) Cease and Desist Order issued July 30, 2008 was rescinded on September 5, 2008.
Fortune Management Group, Inc., Duluth, GA (license no. 21580) Cease and Desist Order issued June 16, 2008 was rescinded on September 26, 2008.
Summit Home Mortgage, Inc., Plymouth, MN (license no. 17705) Cease and Desist Order issued July 25, 2008 was rescinded on September 26, 2008.

FINAL CONSENT ORDERS-- ISSUED
Acentra Financial, LLC, Lawrenceville, GA (license no. 19842) Consent Order issued on September 29, 2008 became final on September 29, 2008.
Khimani, Husein S. Lawrenceville, GA - Consent Order issued on September 29, 2008 became final on September 29, 2008.
Rodney, Erica, Lithonia, GA--Consent Order issued on September 19, 2008 became final on September 19, 2008.

SUPERIOR COURT INJUCTIONS--ISSUED
Maudlyn Harris a/k/a Maudlyn Zuofa of Sugar Hill, Georgia- September 18, 2008, the Gwinnett County Superior Court issued a Final Consent Order enjoining Maudlyn Harris a/k/a Maudlyn Zuofa of Sugar Hill, Georgia, from further violation of the Georgia Department of Banking and Finance's ("Department's") order requiring her to cease and desist from engaging in residential mortgage activities.

September 2008
Administrative Actions

Page 6

LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN SEPTEMBER 2008

ID#

COMPANY NAME

23564 19394 23513

James Marotta Financial Group, LLC NA Nationwide Mortgage +
Steel Mountain Capital II, LLC

23521 Steel Mountain Capital I, LLC

CITY Atlanta

ST MB CD
GA B

Mission Viejo CA B

Lakewood

CO L

Lakewood

CO L

ORIGINAL APPROVAL 09-05-2008
07-02-2004 09-12-2008
09-12-2008

RENEWAL
09-05-2008 09-12-2008 09-12-2008 09-12-2008

REINSTATED

23577 Sung Won Ko 23491 American Freedom Group, Inc. 23567 Dream American Mortgage, LLC

Suwanee Cumming Clarkston

GA B GA B GA B

09-12-2008 09-26-2008 09-26-2008

09-12-2008 09-26-2008 09-26-2008

23571 Security Funding Corporation

Cumming

GA B

23593 Professional Mortgage Strategies, Warrenton

GA B

LLC

23594 Bayview Asset Management, LLC Coral Gables FL

L

23596 23611

First Mortgage Group, Inc. of Alabama
Ramsey Suphi Agan

Decatur Atlanta

AL L GA L

12442 Jennifer Ann Floyd-Brown

Albany

GA B

12744 Darwyn Shane Comer

Macon

GA B

22809 7076

Consumer Solutions, LLC (Delaware)
Irwin Home Equity Corporation

Minnetonka MN L San Ramon CA L

18516 11321

All American Mortgage Brokers, Inc. Lastinger Mobile Homes, Inc.

Woodstock Dublin

GA B GA B

17705 Summit Home Mortgage, Inc.

Plymouth

MN L

20358 First United Mortgage Corp. of Georgia
21580 Fortune Management Group, Inc.

Jericho Duluth

NY L GA B

TOTAL: 21

09-26-2008 09-26-2008 09-26-2008 09-26-2008
09-26-2008 04-25-1997 08-08-1997 09-14-2007
01-06-1995 07-11-2003 02-02-1996 11-22-2002 06-17-2005
08-04-2006

09-26-2008 09-26-2008 09-26-2008 09-26-2008
09-26-2008 09-05-2008 09-12-2008 09-12-2008
09-19-2008 09-19-2008 09-26-2008 09-26-2008 09-26-2008
09-26-2008

09-05-2008 09-12-2008 09-12-2008
09-19-2008 09-19-2008 09-26-2008 09-26-2008 09-26-2008
09-26-2008

Page 7

September 2008

LICENSEES/REGISTRANTS REVOKED, EXPIRED, SURRENDERED, WITHDRAWN OR DENIED

IN SEPTEMBER 2008

ID#

COMPANY NAME

CODE

REVOKED

EXPIRED

SUSPENDED

WITHDRAWN

DENIED

6049 GOMILLION, AUDREY

BD

09-01-2008

6819 COMPLETE HM LENDING INC

BD

6992 BAYROCK MTG CORP

LD

09-30-2008

09-05-2008

7224 PEACHTREE NATL MTG INC

BD

11445 FIELDSTONE MTG CO

LD

09-07-2008 09-18-2008

11827 BARKSDALE LOAN CONSULTANT

BD

12252 AMER MTG SVCS INC

LD

09-14-2008 09-01-2008

12625 NEW S MTG INC

BD

09-07-2008

13120 CROSSPOINT MTG CORP

BD

09-21-2008

13652 1ST CHOICE FINL CORP

BD

09-01-2008

13963 1ST MERIDIAN MTG CO

BD

09-26-2008

14115 VIP MTG CO INC

BD

09-02-2008

14280 QUALITY MTG CORP 15616 DBSA HOLDINGS INC

BD

09-25-2008

LD

09-28-2008

16019 MCDUFFIE MTG LLC

BD

09-17-2008

16165 DIAMONDS MTG INC

BD

09-01-2008

16184 1ST OPTION MTG

BD

09-29-2008

16257 SE HM LOANS INC

BD

09-16-2008

17074 NMC MTG CORP

BD

09-12-2008

17890 NEW LIBERTY HM LOANS

LD

09-13-2008

17912 EXCEL HM LOAN INC

BD

09-09-2008

18198 PATRIOT MTG GRP LLC

BD

09-26-2008

18502 AKIT MTG CO

BD

09-18-2008

18540 19625

GA FUNDING NETWORK LLC
BURTON, LUTHER

LD

BD

09-10-2008

09-05-2008

19627 AMER CASTLE DEVLMNT

BD

09-09-2008

19733
19842 20254

SYNERGY MTG SOLUTIONS LLC ACENTRA FINL LLC
EMPIRE MTG SVCS INC

BD

BD

09-29-2008

LD

09-13-2008

09-30-2008

20321 PREMIUM MTG GRP INC

BD

09-16-2008

20324 COBB ENERGY MTG SVCS LLC

LD

20335 CASTLE PT MTG INC

LD

09-05-2008 09-03-2008

20414 AMER BROKERAGE & FIN LLC

BD

20428 MTG BROKERS GRP FL INC

BD

09-22-2008 09-05-2008

20721 SUPREME MTG LLC

BD

09-17-2008

20979 HOMETOWN MTG USA INC

BD

09-08-2008

21063 AMER FIRST CHOICE LENDING

BD

21443 MILAN GRP INC

LD

09-07-2008

09-30-2008

September 2008

Page 8

LICENSEES/REGISTRANTS REVOKED, EXPIRED, SURRENDERED, WITHDRAWN OR DENIED IN SEPTEMBER 2008

ID#

COMPANY NAME

21504 LIBERTY MTG SOLUTIONS

CODE BD

REVOKED

EXPIRED

SUSPENDED

WITHDRAWN 09-03-2008

DENIED

21579 TOWERS CAP LLC

BD

09-13-2008

21672 UNIVERSAL MTG ADVISORS

BD

21707 AVANTI FINL NETWORK LLC

BD

21806 BOYKIN INS & ASSOC INC

BD

09-04-2008 09-13-2008

21949 FIDELITY ONE FIN LLC

BD

09-09-2008

21956 MARATHON MTG CO LLC

BD

22011 ALLIED CAP MTG CO

BD

09-04-2008

22097 CT MTG GRP INC

BD

09-29-2008

22297 EQUITY S MTG LLC

BD

22319 AMBASSADORS MTG LLC

BD

22468 TU CASA & ASSOC INC

BD

09-18-2008

22695 AMERITAGE FINL SVCS INC

BD

22742 PRIDE RE LENDING INC

BD

09-12-2008
09-05-2008
09-05-2008 09-11-2008 09-24-2008 09-22-2008

TOTAL: 52

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

1 Licensee fined for Advertising Violations

1 Licensee fined for Employment of a Felon

4 Licensees fined for Background Checks Violations

3 Licensees fined for Loans Files not properly maintained

4 Licensees fined for Books & Records

2 Licensees fined for Prohibited Acts

1 Licensee fined for Unapproved Branch

2 Licensees fined for doing business w/ unlicensed entity

1 Licensee fined for Employee under C&D or Revocation

156 Licensees fined for $6.50 fees not paid

1 Licensee fined for GaFla violation

Page 9

September 2008

Georgia Department of Banking and Finance
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 CHANJGuEdINgDmICeAnTtO/CRSla&imMONRoTtGifAiGcEatLiIoCnENSE CODES--(In Tables)

As a reminder to licensees during the renewal period, O.C.G.A. 7-1-1007 requires reporting to the

Department on certain actions brought against licensees, and states the following:

License Status Indicators

(MB CD) - Mortgage License Codes

"(a) A licensee shall give notice to the department by registered or certified mail or statutory over-

night delivery of any action which may be brought against it by any creditor or borrower where such

action is brought under this article, involves a claim against the bond filed with the department for the

purp*oses of cUopmgprliaadneceBwroithkeCrotdoe LSeecntdioenr 7-1-1003 or 7-B1-1004, or involves a clBarimokfoerrdamages in
excess of $25,000.00 for a broker and $250,000.00 for a lender and of any judgment which may be

entered against it by any creditor or any borrower or prospective borrower, with details sufficient to

identify the action or judgment, within 30 days after the commencement of any such action or the

entry+of any sDucohwjundggrmadeentL. "ender to Broker

L

Lender

The Department often obtains information regarding judgments and claims from public sources or other regulators, not from the licensee. It is important to remember that such notification to the
Depa#rtment bUyptghreadliceeLnseenediesrretoquRireegdisbtyralanwt, and any lPicensee subject to suPchrocclaeimssoorrjudgment
must report details to the Department according to the law as noted above.

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