NDFI
MONTHLY MORTGAGE SUMMARY
May 2009
Georgia Department of Banking & Finance-- Non Depository Financial Institutions Division MonthlMyoSnutmhlmyaSruymomf aMroyrotfgaMgoertAgcatgieviAticetsivfiotiretshfeorPethrieodPeErnioddinEgnMdianyg 2A0p0r9il 2007
Inside this issue:
Page 1
NEWS
STATE & NATIONAL NEWS
STATE & NATIONAL
Georgia's S.A.F.E 1
License 1 Transition /
Renewal
Financial 2 Institution - LO
Registration
Customer Service Stars
3
ADMINISTRATIVE ITEMS
Administrative 4Actions 5
Fines 6
Licenses Approved & Reinstated
6
Licenses Revoked, Expired...Denied
7
Contact Information
8
Useful Links MORTGAGE FORMS: DBF.GEORGIA.GOV/
DBFMTGFORMS
UPDATING LICENSE INFORMATION
DBF.GEORGIA.GOV/
DBFMTGFORMS
MORTGAGE SUMMARY DBF.GEORGIA.GOV/
DBFMTGSUMMARY
GEORGIA S.A.F.E BILL
HIGHLIGHTS
The Georgia legislature passed and the Governor signed the bill establishing the Georgia requirements for mortgage loan originator (MLO) licensing under the federal Safe and Fair Enforcement Act (SAFE) passed in 2008. The statute is effective July 1, 2009.
In order to offer some guidance concerning the
deadlines and requirements, the following
information is provided. It should be noted that the
implementing regulations concerning
these
statutory changes to the Georgia Residential
Mortgage Act are in development and will be issued
for public comment shortly. Please watch this
publication for additional information.
Overview
Education requirements--Twenty hours of pre-
licensing education for the MLO's license from an education provider approved by the NMLS&R is required. The statute requires the passing of a system approved test with a minimum passing grade of 75%. Retest parameters are noted. NMLS&R is working with its education consultant to develop the course content, test requirements and validation, and delivery/ recordation methods for course information and test scores. It is anticipated that the course work and test will be available in Georgia in late October, 2009.
submit his/her completed MLO license application to the Department beginning January 1, 2010 through the NMLS&R. MLO licenses will be worked in the order submitted. All MLOs requiring licensing will need to be licensed by March 31, 2010.
DEADLINES - As noted, the dates contained
herein are anticipated education, background authorization and licensing deadline dates but are SUBJECT TO CHANGE.
To view information regarding the bill see:
http://www.legis.state.ga.us/ legis/2009_10/sum/hb312.htm
LICENSE
TRANSITIONS/RENEWALS
T he interim FY2010 renewal application period is almost over. Current FY2009 licenses will expire on June 30, 2009. Any licensee who has not submitted a renewal application through the NMLS&R by June 30 will have their license expire, and a reinstatement application must be submitted.
Licensees who have successfully submitted their renewal and been approved should expect to receive their interim FY2010 license by the first week of July, 2009.
Licensing Deadline--Once the education and
testing are available and in place, it is anticipated that the applicant will be able to
("License Renewals" --Continued on page 2)
Page 2
May 2009
State & National News
FINANCIAL INSTITUTION
LOAN ORIGINATOR REGISTRATION
(Note the following--The SAFE Act, requiring the licensing of mortgage loan originators, provides an exemption from licensing for employees of financial institutions which are regulated by certain financial institution regulatory agencies. The exemption is from LICENSING, but still requires these employees to be REGISTERED through the NMLS&R. )
The federal financial institution regulatory agencies (Agencies) are together issuing for public comment proposed rules requiring mortgage loan originators who are employees of Agency-regulated institutions to meet the registration requirements of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act). The proposal implements the requirement of the SAFE Act by providing that employees of regulated institutions who engage in the business of a mortgage loan originator are required to register with the Nationwide Mortgage Licensing System and Registry (NMLS&R) and to obtain a unique identifier.
The proposed rule, in addition to implementing the SAFE Act requirements, also directs regulated institutions to have written policies and procedures in place to ensure that their employees who perform mortgage loan originations comply with the registration and other SAFE Act requirements.
The Federal Register notice and proposed rule can be found on the Federal Reserve's website at: http:// www.federalreserve.gov/newsevents/press/bcreg/ bcreg20090601a1.pdf. The proposal will soon be published in the Federal Register and the comment period will end 30 days thereafter.
("License Renewals" - Continued from page 1)
License renewals for the new CALENDAR year licensing period will begin November 1, 2009, and those applications must be completed by December 31, 2010.
As noted in a previous edition of the Monthly Summary, and applying to broker/processor licensees only, continuing education (CE) credits for the Calendar Year 2010 license renewal period in November 2009 will not be required. For that one license renewal period only, the CE requirement will be waived. The requirement for the continuing education credits will be in place again with the renewal period beginning in November 2010 which is for the Calendar year 2011 license.
Generally, qualifying credits earned from April 1, 2009 to October 31, 2010 may be used to meet the broker/ processor continuing education requirements for the 2011 license. However, if any licensee made up credits from April 1 to June 30 of 2009 to qualify for the FY 2010 license (this current license renewal), those credits may not be used again.
HOLIDAY CLOSING The Department will be closed on Friday, July 3 for Independence Day.
May 2009May 2009
Page 3
State & National News Items
DBF's Customer Service Stars
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 or groups for going above and beyond in serving our customers:
Assistant Review Examiner Deborah Long (NDFI-Mortgage): The Department received comments from a customer regarding Deborah stating: "I just wanted to take this opportunity to say what a great experience I had working with Deborah Long. Not only did she take the time to email me, but she called me as well. She was very courteous and helpful. Not only did she make the renewal process enjoyable, but was very helpful in the transition to the NMLS as well. Thank you Deborah for all your help. It was a pleasure working with you." And...
Supervisory Examiner Diane Hester and NDFI Staff (NDFI-Mortgage): The Department received comments from a customer regarding Diane and the NDFI Division staff stating: "This helps immensely. I would just like to say that I deal with regulators from all fifty states, and I can honestly say that the state of Georgia is the most responsive and easy to work with. I appreciate everyone's hard work at the state of GA. Please feel free to pass on my appreciation to anyone in your office. You and your colleagues are to be commended."
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.
CONGRATULATIONS AND GREAT JOB TO THIS MONTH'S CUSTOMER SERVICE STAR!!
SPEAKING ENGAGEMENTS--NDFI
Deputy Commissioner for Non-Depository Financial Institutions Rod Carnes
will be speaking at the Annual Meeting of the Georgia Manufactured Housing Association to be held on June 18th at the Central Georgia Convention Complex in Forsyth, GA.
Page 4
May 2009
Administrative Actions
CEASE AND DESIST ORDERS WHICH BECAME FINAL
First Federated Mortgage Corp., Roswell, GA (license no. 6731) Cease and Desist Order issued April 14, 2009 became final on May 14, 2009.
Advanced Home Loans Corp., Marco Island, FL (license no. 21697) Cease and Desist Order issued April 10, 2009 became final on May 10, 2009.
Chattanooga Mortgage, Inc., Chattanooga, TN (license no. 21428) Cease and Desist Order issued April 28, 2009 became final on May 28, 2009.
DL Processing Services, Houston, TX Cease and Desist Order issued April 9, 2009 became final on May 11, 2009.
Fairway Capital Mortgage Corp., Baltimore, MD (license no. 21578) Cease and Desist Order issued April 23, 2009 became final on May 25, 2009.
Free, Jackie, Deerfield Beach, FL Cease and Desist Order issued April 2, 2009 became final on May 4, 2009.
Kondaur Capital Corporation, Orange, CA Cease and Desist Order issued April 9, 2009 became final on May 10, 2009.
Lalli, Lisa, Edmond, OK Cease and Desist Order issued April 9, 2009 became final on May 27, 2009.
Mortgage Loan Processing Services, Inc., Port Saint Lucie, FL Cease and Desist Order issued April 2, 2009 became final on May 4, 2009.
NAD Acquisition 3, LLC Cease and Desist Order issued April 9, 2009 became final on May 10, 2009.
National Asset Direct Acquisition, LLC Cease and Desist Order issued April 9, 2009 became final on May 10, 2009.
PTF Financial Corp. dba My Mortgage Company, Englewood, CO (license no. 20925) Cease and Desist Order issued April 3, 2009 became final on May 4, 2009.
Pierce, Joshua Mitchell, Lawrenceville, GA Cease and Desist Order issued April 9, 2009 became final on May 27, 2009.
Pledge, Vernon, Richmond, VA Cease and Desist Order issued May 4, 2009 became final on May 27, 2009.
Raymond, Louis & Fitch, d/b/a RLF Housing Counseling Community Service--Cease and Desist Order issued April 28, 2009 became final on May 29, 2009.
United Mortgage Associates, Inc., Stockbridge, GA (license no. 12030) Cease and Desist Order issued March 31, 2009 became final on May 1, 2009.
Administrative Actions
May 2009
Page 5
CEASE AND DESIST ORDERS WHICH BECAME FINAL Continued
Utah Financial, Inc. dba Mortgage Integrity, Midvale, UT (license no. 18568) Cease and Desist Order issued April 30, 2009 became final on May 30, 2009.
Wellstar Financial, Inc., Norcross, GA (license no. 20190) Cease and Desist Order issued April 16, 2009 became final on May 18, 2009.
Wholesale America Mortgage, Inc., Pleasanton, CA (license no. 22601) Cease and Desist Order issued April 3, 2009 became final May 5, 2009.
CEASE AND DESIST ORDERS--LIFTED, RESCINED, WITHDRAWN
None
FINAL CONSENT ORDERS
Campos, Alex J., Norcross, GA, Duluth, GA Consent Order issued on May 28, 2009 became final on May 28, 2009.
Chung, Sung Doo ("John"), Norcross, GA Consent Order issued on May 5, 2009 became final on May 5, 2009.
Intelli Mortgage Services, Inc., Norcross, GA (license no. 16999) Consent Order issued on May 5, 2009 became final on May 5, 2009.
One World Mortgage Corporation, Duluth, GA Consent Order issued on May 28, 2009 became final on May 28, 2009.
SUPERIOR COURT INJUCTIONS--ISSUED
None
Page 6
Administrative Actions
May 2009
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
6 Licensees fined for Advertising Violations 2 Licensees fined for Background Checks Violation 1 Licensee fined for Books & Records 1 Licensee fined for Unapproved Branch 1 Licensee fined for Unapproved Branch Manager 3 Licensees fined for Continuing Education data filed late
8 Licensees fined for Unapproved Change in Management 5 Licensees fined Acq of 25% ownership w/o approval 2 Licensees fined Employment of a Felon 1 Licensee fined Failure to report violations/discharge 2 Licensees fined for Loan Files not properly maintained 1 Licensees fined for Prohibited Acts
ID# 23905 23131 23858
LICENSEES/REGISTRANTS APPROVED OR REINSTATED IN MAY 2009
COMPANY NAME Douglas Arthur Phelps Jr. Jacob Dean Mortgage, Inc. * Adchemy, Inc.
CITY Duluth
ST
MB CD
GA
B
Vienna
VA
L
Redwood City CA
B
ORIGINAL APPROVAL 05-01-2009
01-25-2008
05-08-2009
RENEWAL 05-01-2009 05-08-2009 05-08-2009
23875 23893 23934 23961
NetMore America, Inc. L. Glynn Lockaby Robert b. Dixon Lifetime Financial Partners, Inc.
Walla Walla
WA
L
Atlanta
GA
B
Duluth
GA
B
Bloomingdale IL
L
05-08-2009 05-08-2009 05-22-2009 05-22-2009
05-08-2009 05-08-2009 05-22-2009 05-22-2009
23971 Wealthbridge Mortgage Corp.
23870 23976
American Home Mortgage Lending Solutions, Inc. Morgan Stanley Smith Barney LLC
23149 Janet Winifred Thomas
TOTAL: 11
Beaverton Irving
Purchase Atlanta
OR
L
TX
L
NY
R
GA
B
05-22-2009 05-29-2009
05-29-2009 02-08-2008
05-22-2009 05-29-2009
05-29-2009 05-22-2009
REINSTATED 05-22-2009
Administrative Actions
May 2009
Page 7
LICENSEES/REGISTRANTS REVOKED, EXPIRED, SURRENDERED, WITHDRAWN OR DENIED IN MAY 2009
ID#
COMPANY NAME
6285 FINL MTG CTR INC
6731 1ST FEDERATED MORT CORP
12030 UNITED MTG ASSOC INC
15412 C&A MTG
15628 AMER CMTY MTG
16999 INTELLI MTG SVCS INC
18516 ALL AMER MTG BROKERS INC
18755 1ST HOMEOWNERS CORP
19151 MBS MTG CO LLC
19423 SOLUTION ONE MTG INC
19570 FRANKLIN MTG CORP
20190 WELLSTAR FINL INC
20900 CONTENNIAL MTG ADVISORS
20925 PTF FINL CORP
20957 SUN CITY MTG CO INC
21428 CHATTANOOGA MTG INC
21502 CAMBRIDGE HM LENDING INC
21578 FAIRWAY CAP MTG CORP
21697 ADVANCED HM LOANS CORP
21885 22528
DISCOUNT MTG WAREHOUSE IN ACADEMY MTG LLC (MD)
22601 WHOLESALE AMER MTG INC
22680 ATL MTG PLANNERS INC
22862 AMERIND FINL GRP INC
23002 NEW AMER MTG LLC
23374 ATLANTIC MTG CORP
23392 SECURE CAP MTG LLC
TOTAL: 27
CODE BD BD BD BD LD LD BD LD LD BD BD BD BD LD BD BD BD BD BD
LD
LD LD BD BD LD LD BD
REVOKED 05-05-2009
EXPIRED
05-14-2009 05-01-2009
SURRENDERED
WITHDRAWN 05-28-2009
05-26-2009 05-29-2009
05-18-2009 05-04-2009 05-28-2009 05-25-2009 05-10-2009
05-05-2009
05-26-2009 05-11-2009 05-05-2009 05-29-2009 05-14-2009
05-22-2009
05-01-2009
05-13-2009
05-15-2009 05-26-2009
05-26-2009 05-22-2009 05-11-2009 05-01-2009 05-22-2009
DENIED
Page 8
May 2009
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
We're on the Web! dbf.georgia.gov
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:
"(a) A licLeincseeenssheaSlltgaivteusnoInticdeictoattohresdepartment by r(eMgBistCerDed) -orMcoerrttifgieadgemaLiilcoernstsaetuCtoordyeosver-
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 cUopmgprliaadneceBwroitkheCrotdoe 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.
Downgrade Registrant to Lender
R
Registrant
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