2021-07-16
Added · Updated
Geneva Financial, LLC must pay a $500 civil penalty to the State of Connecticut for failing to file a branch office address change with the NMLS at least thirty days prior to the move and for not providing the required surety bond endorsement. The consent order resolves the enforcement action regarding this violation, provided the company discloses the order on NMLS and complies with its terms. Geneva Financial also acknowledges that the order is a public record and represents that it has updated internal controls to ensure future timely filings.
IN THE MATTER OF: * * GENEVA FINANCIAL, LLC * CONSENT ORDER NMLS # 42056 * * (“Geneva Financial”) * *
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, Geneva Financial is an Arizona limited liability company that is currently licensed as a mortgage lender 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 mortgage lender licensee file with the Nationwide Multistate Licensing System and Registry (“NMLS”) a change of the address of a branch 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 branch office; WHEREAS, Geneva Financial failed to file with NMLS a change of address of a branch office, Branch ID # 1957516, previously located at 2448 Leafdale Circle, Castle Rock, Colorado, currently located at 98 Inverness Dr East, Suite 140, Englewood, Colorado, at least thirty (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 Geneva Financial, which proceedings would constitute a “contested case” within the meaning of Section 4-166(4) of the Connecticut General Statutes. 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, Geneva Financial, 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, Geneva Financial acknowledges that this Consent Order is a public record and is a reportable event for purposes of NMLS, as applicable; AND WHEREAS, Geneva Financial herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls to ensure that Geneva Financial will file any change it makes to its 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, Geneva Financial 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, Geneva Financial, 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 Geneva Financial, 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: