2021-07-16

Added · Updated

Consent Order Regarding Geneva Financial, LLC

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.

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Connecticut Department of Banking

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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:

  1. The Sanction set forth above be and is hereby entered;
  2. Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Geneva Financial based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Geneva Financial based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Geneva Financial and reflected herein is subsequently discovered to be untrue;
  3. Geneva Financial shall not take any action or make or permit to be made any public statement, including in regulatory filings or otherwise, denying, directly or indirectly, any allegation referenced in this Consent Order or create the impression that this Consent Order is without factual basis;
  4. Subject to the foregoing, and so long as this Consent Order is promptly disclosed by Geneva Financial and its control persons, as applicable, on NMLS, nothing in the issuance of this Consent Order shall adversely affect the ability of Geneva Financial to apply for or obtain licenses or renewal licenses under Part I of Chapter 668, Sections 36a-485 et seq., of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied and the terms of this Consent Order are followed;
  5. This Consent Order shall be binding upon Geneva Financial and its successors and assigns; and
  6. This Consent Order shall become final when issued. /s/_____________________________________ Issued at Hartford, Connecticut Jorge L. Perez this 7th day of July 2021. Banking Commissioner
  • 4 - I, Aaron Van Trojen, state on behalf of Geneva Financial, LLC that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Geneva Financial, LLC; that Geneva Financial, LLC agrees freely and without threat or coercion of any kind to comply with the sanction entered and terms and conditions ordered herein; and that Geneva Financial, LLC voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein. By: /s/_______________________________ Name: Aaron Van Trojen Title: President Geneva Financial, LLC State of: Arizona County of: Maricopa On this the 1st day of July 2021, before me, Scott E. Mertens, the undersigned officer, personally appeared Aaron Van Trojen, who acknowledged himself/herself to be the President of Geneva Financial, LLC., a limited liability company, and that he/she as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as President. In witness whereof I hereunto set my hand. /s/_______________________________ Notary Public – Scott E. Mertens Date Commission Expires: 04/20/2023