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Inside this Issue:
NEWS ITEMS Update on Loan 2 Originator License
Requirement
Department of 3 Banking and Finance Employee Furloughs
Customer Service 3 Star
ADMINISTRATIVE ITEMS Administrative 4 Actions
Fines 8
Licenses Approved & 8 Reinstated
Licenses Revoked, 9 Expired...Denied
Contact Information 18
Department Issues Notice of Proposed Rulemaking and Provides Opportunity to Comment
On July 13, 2009, pursuant to the provisions of the Georgia Administrative Procedures Act, Official Code of Georgia Annotated (O.C.G.A.) Chapter 50-13, and by authority of O.C.G.A. 7-1-61, O.C.G.A. 7-1-663; O.C.G.A. 7-1-1012, and other cited statutes, the Georgia Department of Banking and Finance gave notice of its intent to adopt new and amended rules.
The proposed changes are in part responsive to law changes in the 2009 Legislation, primarily related to the mortgage industry and the implementation of the S.A.F.E. Mortgage Licensing Act of 2008, which became effective on July 1, 2009.
A synopsis and purpose precedes each proposed rule change, with background information and explanation where applicable.
Comments to the Department of Banking and Finance must be received by Thursday, August 13, 2009, at the close of business.
To view or download the Proposed Rules on our website, go to Laws and Regulations from our main page (http://dbf.georgia.gov) -
http://dbf.georgia.gov/00/channel_title/0,2094,43414745_46295996,00.html and select the appropriate link for the Proposed Rules, or you may access them directly from -
http://dbf.georgia.gov/vgn/images/portal/ cit_1210/60/28/145778121DBFProposedRules7-13-2009%20.pdf
"Safeguarding Georgia's Financial Services"
Page 2
Update on Loan Originator License Requirement
The Georgia Residential Mortgage Act was amended on July 1, 2009 to provide for loan originator licensing, as required by the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E.). S.A.F.E. requires that all loan originators be either licensed or registered through the Nationwide Mortgage Licensing System (NMLS).
As part of the licensing process, loan originators are required to have 20 hours of pre-licensing education and have a passing score for a national test as well as a state test, before applying for a license. The pre-licensing education and tests must be taken from approved education and testing providers. A list of these education and testing providers can be found on the NMLS website - http:// www.stateregulatoryregistry.org/NMLS/AM/Template.cfm?Section=Home3 under the "Course Providers" tab.
Loan originators are encouraged to begin the pre-licensing education and testing early and can take the national requirements separately from the Georgia requirements. The national education and test components will be available on NMLS September 1, 2009. The Georgia state education and testing components will not be ready until mid October 2009. NMLS has tutorial guides to help companies and loan originators through the process of requesting education, testing and license application.
When on the NMLS home page look under the "Licensees" tab and then choose "Getting Started: Loan Originators" and "Loan Originators Overview". Please read very carefully the instructions to establish a loan originator record with NMLS, as the system does not refund fees. Once a record is established for a loan originator, the individual can register for pre-licensing education and testing. Again, fees are not refundable so please read all instructions and information before proceeding with any of the filings. The NMLS help desk number is 240-3864444.
Loan originators can begin the license application process through NMLS on January 2, 2010. All Georgia loan originators must be licensed by March 31, 2010. All available information regarding loan originator licensing is on the NMLS website.
Page 3
Department of Banking and Finance Employee Furloughs
As directed by the Governor's Office of Planning and Budget in a memorandum dated July 21, 2009, all state employees are required to take three furlough days during the first half of Fiscal Year 2010. The Department has developed a plan to furlough all employees and close for business on September 4, 2009, November 25, 2009 and December 23, 2009.
These dates were selected in an effort to minimize the impact in any one pay period, minimize the effect on exam schedules, maximize cost savings, and enable employees to enjoy a longer holiday weekend.
Even in these difficult fiscal times, the Department remains committed to fulfilling its mission in the same manner as always - with excellence and professionalism.
State Holiday / Furlough Date Furlough Day (DBF offices closed) Labor Day Columbus Day Veterans' Day Furlough Day (DBF offices closed) Thanksgiving Day
Furlough Day (DBF offices closed) Christmas Day
Date Observed September 4th Friday
September 7th Monday
October 12th Monday
November 11th Wednesday
November 25th Wednesday
November 26th Thursday Lee's Birthday will be observed on Friday, November 27th December 23rd Wednesday
December 25th Friday Washington's Birthday will be observed on Thurs, Dec. 24th
NDFI CUSTOMER SERVICE STAR FOR THE MONTH OF JULY
It is the Department's goal to provide excellent customer service by meeting and exceeding the expectations of our customers. Along those lines, we would like to recognize the following individual for going above and beyond in serving our customers:
Senior Mortgage Examiner Betty Thomas (NDFI--Mortgage): The Department received a letter from a customer regarding Betty stating: "Recently an employee of yours resolved what seemed to be a problem that could not be fixed with a lender concerning a loan for one of my constituents. I would like to take this time to let you know how much I appreciate such prompt attention to a difficult situation, and that Betty Thomas in your department is to be commended on how she handled this problem for me. Please again know how much I appreciate state employees doing their jobs with promptness and integrity like Mrs. Thomas."
CONGRATULATIONS AND GREAT JOB TO THIS MONTH'S CUSTOMER SERVICE STAR!!
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ADMINISTRATIVE ACTIONS
Cease and Desist Orders Which Became Final
Alpha Financial Services, Austell, GA (license# 13890) - Cease and Desist Order issued 06/22/2009 became final 07/22/2009.
Assured Mortgage Solutions, Inc., Woodstock, GA (license# 18655) - Cease and Desist Order issued 06/15/2009 became final 07/15/2009.
Bernstein, Steven, Sandy Springs, GA - Cease and Desist Order issued 04/17/2008 became final 07/14/2009.
C&T Financial Services, Inc., Norcross, GA (license# 21612) - Cease and Desist Order issued 06/29/2009 became final 07/29/2009.
Capital First Lending, Inc., Golden, CO (license# 21543) - Cease and Desist Order issued 06/09/2009 became final 07/09/2009.
Cardenas, Karla, Lawrenceville, GA - Cease and Desist Order issued 06/11/2009 became final 07/06/2009.
Central Funding, Inc., Duluth, GA (license# 21844) - Cease and Desist Order issued 06/16/2009 became final 07/16/2009.
Chemwor, Daniel K., Woodstock, GA (license# 22719) - Cease and Desist Order issued 06/24/2009 became final 07/25/2009.
Choice Mortgage Company dba Choice Mortgage of Georgia, Pontiac, MI (license# 23068) - Cease and Desist Order issued 06/09/2009 became final 07/11/2009.
Clark, Steven Corey, Atlanta, GA - Cease and Desist Order issued 06/22/2009 became final 07/30/2009.
CPA Mortgage Services, LLC, Salt Lake City, UT (license# 22832) - Cease and Desist Order issued 06/15/2009 became final 07/21/2009.
Data Mortgage, Inc. dba Essex Mortgage, Orange, CA (license# 23621) - Cease and Desist Order issued 06/12/2009 became final 07/19/2009.
Dollar Investment Corp. of Memphis dba Nuplace Lending, Memphis, TN (license# 22185) - Cease and Desist Order issued 06/16/2009 became final 07/16/2009.
Erasamus Land Acquisition Systems, Inc. dba Helm Mortgage, Tampa, FL (license# 22196) - Cease and Desist Order issued 06/08/2009 became final 07/08/2009.
Fortune Management Group, Inc., Duluth, GA (license# 21580) - Cease and Desist Order issued 06/26/2009 became final 07/29/2009.
Fredrickson, Mazeika & Grant, LLP, San Diego, CA - Cease and Desist Order issued 06/17/2009 became final 07/20/2009.
Page 5
ADMINISTRATIVE ACTIONS
Cease and Desist Orders Which Became Final (Continued)
Glory Mortgage Brokers, Inc., East Point, GA (license# 15142) - Cease and Desist Order issued 06/10/2009 became final 07/10/2009.
Ideal Mortgage, Inc., Rome, GA (license# 14032) - Cease and Desist Order issued 06/10/2009 became final 07/10/2009.
In Ja Cho, Duluth, GA (license# 23528) - Cease and Desist Order issued 06/26/2009 became final 07/28/2009.
Jackson, David (dba Advanced Processing Solutions), Tallahassee, FL - Cease and Desist Order issued 06/11/2009 became final 07/13/2009.
Jane E. Brown Inc. dba Optimum Financial Services, Decatur, GA (license# 16667) - Cease and Desist Order issued 06/23/2009 became final 07/23/2009.
Lenders Direct Financial, Inc. dba mydirectlender, Laguna Hills, CA (license# 22743) - Cease and Desist Order issued 06/10/2009 became final 07/10/2009.
Lexington Mortgage Capitol Corporation, Inc. dba Lexington Mortgage Co., Lawrenceville, GA (license# 18273) - Cease and Desist Order issued 06/01/2009 became final 07/01/2009.
McClendon, Alicia, Powder Springs, GA - Cease and Desist Order issued 06/03/2009 became final 07/06/2009.
Meca Financial Group, Inc., Tucker, GA (license# 21452) - Cease and Desist Order issued 06/26/2009 became final 07/29/2009.
Mid America Mortgage Services, LLC, Waukesha, WI (license# 23289) - Cease and Desist Order issued 06/30/2009 became final 07/30/2009.
Mortgage Affiliates of America, Inc., Danbury, CT (license# 22135) - Cease and Desist Order issued 06/15/2009 became final 07/15/2009.
Mortgage Relief Group, LLC, Tucker, GA - Cease and Desist Order issued 06/22/2009 became final 07/23/2009.
Paraiso, LLC dba Abaco Mortgage Group, Atlanta, GA (license# 16982) - Cease and Desist Order issued 06/16/2009 became final 07/16/2009.
Premier Mortgage Capital, Inc., Orlando, FL (license# 21630) - Cease and Desist Order issued 06/10/2006 became final 07/10/2009.
Real Estate Mortgage Funding, LLC, Baltimore, MD (license# 23069) - Cease and Desist Order issued 06/10/2009 became final 07/10/2009.
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ADMINISTRATIVE ACTIONS
Cease and Desist Orders Which Became Final (Continued)
Rembrandt Remodeling, Inc., Marietta, GA (license# 13976) - Cease and Desist Order issued 06/29/2009 became final 07/29/2009.
Savoy Financial, LLC, Grayson, GA (license# 20446) - Cease and Desist Order issued 06/12/2009 became final 07/19/2009.
Scrubb, Akeem, Fort Walton Beach, FL - Cease and Desist Order issued 06/17/2009 became final 07/20/2009.
Seaman, Richard, Atlanta, GA - Cease and Desist Order issued 06/22/2009 became final 07/30/2009.
The Mortgage Experts of South Florida, Inc., Miami Gardens, FL (license# 21704) - Cease and Desist Order issued 06/12/2009 became final 07/16/2009.
TheEquityNetwork.com, Inc., Clearwater, FL (license# 23622) - Cease and Desist Order issued 06/10/2009 became final 07/10/2009.
Top of Mind Networks, LLC dba TOMN Mortgage Services, Sandy Springs, GA (license# 23066) - Cease and Desist Order issued 06/26/2009 became final 07/27/2009.
Tucker, Darletha, Decatur, GA - Cease and Desist Order issued 09/19/2008 became final 07/14/2009.
Westfield Mortgage & Financial Services, Inc., Moultrie, GA (license# 16670) - Cease and Desist Order issued 06/22/2009 became final 07/22/2009.
Wheeler, Calvin, Lithonia, GA - Cease and Desist Order issued 06/11/2009 became final 07/13/2009.
Willow Nook, Inc., Albany, GA - Cease and Desist Order issued 06/17/2009 became final 07/20/2009.
Cease and Desist Orders-- Lifted, Rescinded, Withdrawn
Acceptance Capital Mortgage Corporation, Spokane Valley, WA (license # 19789) - Cease and Desist Order issued 06/12/2009 was rescinded on 07/23/2009.
Active Mortgage Company, LLC, Jasper, GA (license # 13554) - Cease and Desist Order issued 05/29/2009 was rescinded on 07/13/2009.
American Dream Mortgage Solutions, Inc., Stone Mountain, GA (license # 19057) - Cease and Desist Order issued 05/27/2009 was rescinded on 07/24/2009.
First Atlanta Mortgage, Inc., Stone Mountain, GA (license # 22399) - Cease and Desist Order issued 05/27/2009 was rescinded on 07/30/2009.
Page 7
ADMINISTRATIVE ACTIONS
Cease and Desist Orders-- Lifted, Rescinded, Withdrawn (Continued)
First Choice Funding, Inc., Birmingham, AL (license # 13262) - Cease and Desist Order issued 05/18/2009 was rescinded on 07/24/2009.
InterFirst Financial, Inc., Chamblee, GA (license # 17909) - Cease and Desist Order issued 05/26/2009 was rescinded on 07/02/2009.
Norvic Mortgage, LLC, Atlanta, GA (license # 20739) - Cease and Desist Order issued 06/22/2009 was rescinded on 07/23/2009.
OCM, Inc. (California) dba HelpUFinance.com, Santa Ana, CA (license # 20571) - Cease and Desist Order issued 05/11/2009 was rescinded on 07/22/2009.
Optimized Financial Services, Inc., Snellville, GA (license # 21876) - Cease and Desist Order issued 06/01/2009 was rescinded on 07/01/2009.
QR Lending Inc., Middleton, WI (license # 21574) - Cease and Desist Order issued 05/29/2009 was rescinded on 07/01/2009.
Sahara Mortgage Corporation, Las Vegas, NV (license # 12678) - Cease and Desist Order issued 06/26/2009 was rescinded on 07/30/2009.
Final Consent Orders
Central Fidelity Mortgage Corporation, Conyers, GA (license# 20543) - Consent Order issued 07/30/2009 became final 07/30/2009.
Collymore, Roland, Mableton, GA - Consent Order issued 07/06/2009 became final 07/06/2009.
Metro Home Mortgage Corp., Atlanta, GA (license# 20433) - Consent Order issued 07/06/2009 became final 07/06/2009.
Provident Funding Associates, L.P. dba Provident Funding, Burlingame, CA (license# 13258) - Consent Order issued 07/28/2009 became final 07/28/2009.
Strain, Kim, Atlanta, GA - Consent Order issued 07/30/2009 became final 07/30/2009.
Page 8
ADMINISTRATIVE ACTIONS
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
3 Licensees fined for Advertising Violations 1 Licensees fined for Failure to Fund 1 Licensee fined for Continuing Education data filed late
5 Licensees fined Acq of 25% ownership w/o approval 4 Licensees fined for Unapproved Change in Management 1 Miscellaneous/Other
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LICENSE STATUS CHANGE INDICATORS & MORTGAGE LICENSE CODES -- (In Tables)
License Status Indicators
*
Upgrade Broker to Lender
+
Downgrade Lender to Broker
#
Upgrade Lender to Registrant
Downgrade Registrant to Lender
(MB CD) - Mortgage License Codes
B
Broker
L
Lender
P
Processor
R
Registrant
Page 18
Georgia Department of Banking and Finance
2990 Brandywine Road Suite 200
Atlanta, Georgia 30341-5565
Phone: (770) 986-1136 Fax: (770) 986-1029 or 1655
Email: dbfmort@dbf.state.ga.us
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.
We're on the Web! dbf.georgia.gov
Useful Links
MORTGAGE FORMS: DBF.GEORGIA.GOV/
DBFMTGFORMS
UPDATING LICENSE INFORMATION
DBF.GEORGIA.GOV/
DBFMTGFORMS
MORTGAGE SUMMARY DBF.GEORGIA.GOV/
DBFMTGSUMMARY
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 under Publications, Mortgage Summary.
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, e-mail address, and the publication you wish to subscribe to.