2021-11-05
Added · Updated
Peklava LLC d/b/a RateZip must pay a $500 civil penalty to the State of Connecticut for failing to file a change of address with the NMLS and provide a surety bond rider at least thirty days prior to the move. The order resolves the enforcement action regarding this violation, provided Peklava promptly discloses the Consent Order on NMLS and adheres to its terms. Peklava waives its right to a hearing and judicial review, and the Commissioner retains the right to take future enforcement action if the terms are violated or representations are found untrue.
IN THE MATTER OF: * * PEKLAVA LLC * CONSENT ORDER d/b/a RATEZIP * NMLS # 1592292 * * (“Peklava”) * *
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part I of Chapter 668, Sections 36a-485 to 36a-534b, inclusive, of the Connecticut General Statutes, “Mortgage Lenders, Correspondent Lenders, Brokers and Loan Originators”; WHEREAS, Peklava is a New York limited liability company that is currently licensed as a lead generator under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes; WHEREAS, Section 36a-490(b)(2) of the Connecticut General Statutes, requires that a lead generator licensee file with the Nationwide Multistate Licensing System and Registry (“NMLS”) a change of the address of its main office at least thirty (30) calendar days prior to such change, and provide directly to the Commissioner a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner that reflects the new address of the main office; WHEREAS, Peklava failed to file with NMLS a change of address of its main office, previously located at 78 Pine Street, Suite A, New Canaan, Connecticut, currently located at 45 Grove Street, Studio G1, New Canaan, Connecticut, at least (30) calendar days prior to such change, and failed to provide a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner;
2 - WHEREAS, the Commissioner believes that such allegation would support initiation of proceedings against Peklava, which proceedings would constitute a “contested case” within the meaning of Section 4-166(4) of the Connecticut General Statutes; WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law; WHEREAS, Peklava, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to a notice and an opportunity for a hearing as it pertains to the allegation set forth herein, voluntarily agrees to consent to the entry of the sanction imposed below and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order; WHEREAS, Peklava acknowledges that this Consent Order is a public record and is a reportable event for purposes of NMLS, as applicable; AND WHEREAS, Peklava herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls to ensure that Peklava will file any change it makes to its name or any trade name or any address of any office specified on its most recent filing with NMLS at least thirty (30) calendar days prior to such change and, in connection with such change, Peklava will provide directly to the Commissioner a bond rider or endorsement, or addendum, as applicable, to the surety bond on file with the Commissioner that reflects such change. CONSENT TO ENTRY OF SANCTION WHEREAS, Peklava, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanction: No later than the date this Consent Order is executed by Peklava, it shall remit to the Department of Banking by wire transfer, cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Five Hundred Dollars ($500) as a civil penalty.
3 - CONSENT ORDER NOW THEREFORE, the Commissioner enters the following: