2023-08-04
Added · Updated
Mortgage Trust, Inc. must pay a $500 civil penalty to the Connecticut Department of Banking for failing to file a change of address with the NMLS at least thirty days prior to the move and for not providing a corresponding surety bond endorsement. The order resolves the enforcement action regarding this violation, provided Mortgage Trust complies with the terms and promptly discloses the order on NMLS. The entity is prohibited from denying the allegations or taking positions inconsistent with the order in future proceedings involving the Commissioner.
IN THE MATTER OF: * * MORTGAGE TRUST, INC. * CONSENT ORDER NMLS # 3250 * * (“Mortgage Trust”) * *
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, Mortgage Trust is an Oregon corporation that is currently licensed as a mortgage broker 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 broker 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, Mortgage Trust failed to file with NMLS a change of address of its main office, previously 4949 S Macadam Ave., Portland, Oregon, now 4386 S Macadam Ave., Suite 302, Portland, Oregon, 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; WHEREAS, the Commissioner believes that such allegation would support initiation of proceedings against Mortgage Trust, which proceedings would constitute a “contested case” within the
2 - 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, Mortgage Trust, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to 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, Mortgage Trust acknowledges that it has had the opportunity to consult with and be represented by independent counsel in negotiating and reviewing this Consent Order and executes this Consent Order freely; WHEREAS, Mortgage Trust acknowledges that this Consent Order is a public record and is a reportable event for purposes of NMLS, as applicable; AND WHEREAS, Mortgage Trust herein represents to the Commissioner that it has reviewed and updated its internal policies, procedures and controls to ensure that Mortgage Trust 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, Mortgage Trust 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, Mortgage Trust, 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 Mortgage Trust, it shall remit to the Department of Banking by electronic funds 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: