State of California Department of Corporations
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1 0 California Corporations Commissioner VIRGINIA JO DUNLAP (CA BAR NO. Deputy Commissioner ALAN S. WEINGER (CA BAR NO. Supervising Counsel JUDY L. HARTLEY (CA BAR NO. 0 Senior Corporations Counsel Department of Corporations West th Street, Ste. 0 Los Angeles, California 00- Telephone: ( -0 Fax: ( - Attorneys for Complainant In the Matter of the Accusation of THE CALIFORNIA CORPORATIONS COMMISSIONER, vs. Complainant, U.S. MORTGAGE doing business in California as NEVADA US MORTGAGE, Respondent. BEFORE THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA The California Corporations Commissioner finds that: OAH No. L-000 Case No.: -00 ORDER REVOKING RESIDENTIAL MORTGAGE LENDER AND SERVICER LICENSE. Respondent U.S. Mortgage doing business in California as Nevada US Mortgage ("Nevada US Mortgage is a residential mortgage lender and loan servicer licensed by the California Corporations Commissioner ( Commissioner pursuant to the California Residential Mortgage Lending Act (California Financial Code 0000 et seq. ( CRMLA. Nevada US Mortgage has its main office located at W. Sahara Ave., Ste. L., Las Vegas, Nevada 0.. On May, 0, the Commissioner commenced a regulatory examination of the books and records of Nevada US Mortgage ("regulatory examination". The regulatory examination revealed that Nevada US Mortgage had failed to reconcile the escrow trust account since January,
2 0 0 in violation of California Financial Code section 0 and California Code of Regulations, Title 0, section 0... Moreover, the January, 0 escrow trust account reconciliation contained numerous adjusting items that had not been cleared, with the oldest adjusting items dating back to January, and an unreconciled difference of $,... On June, 0, the Commissioner notified Nevada US Mortgage in writing that it must submit bank reconciliations for its escrow trust account through May, 0. Nevada US Mortgage telephoned the Department of Corporations and stated that the reconciliation of the escrow trust account would be brought current by early December 0. On January, 0, when Nevada US Mortgage had yet to submit current escrow trust account reconciliations, the Commissioner sent a further letter to Nevada US Mortgage requiring escrow trust account reconciliations through December, 0 be submitted no later than January 0, 0. Nevada US Mortgage did not submit escrow trust account bank reconciliations by January 0, 0, and has yet to submit proper escrow trust account bank reconciliations.. On December, 0, a report of the regulatory examination was sent to Nevada US Mortgage. Pursuant to California Financial Code section 00(b, Nevada US Mortgage was required to respond to the regulatory examination report in writing. Nevada US Mortgage was given 0 days to respond to the regulatory examination report. Nevada US Mortgage failed to respond to the regulatory examination report in the time period required.. Failure to prepare proper monthly escrow trust bank reconciliations and timely respond to a regulatory examination report are grounds under California Financial Code section 0 for the revocation of a license issued under the CRMLA.. On February, 0, the Commissioner issued a Notice of Intention to Issue Order Revoking Residential Mortgage Lender and Servicer License, Accusation and accompanying documents against Nevada US Mortgage based upon the above, and Nevada US Mortgage was served with those documents on February, 0 via certified, return-receipt mail at its licensed location on file with the California Department of Corporations. On March, 0, Nevada US Mortgage submitted its request for a hearing. The hearing was scheduled to commence on December, 0. On November 0, 0, Nevada US Mortgage withdrew its hearing request --
3 0 stating that it had determined that its loan servicing business in California did not support the costs of maintaining a CRMLA license. NOW GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that the residential mortgage lender and servicer license issued by the Commissioner to Nevada US Mortgage is hereby revoked. This order is effective as of the date hereof. Pursuant to California Financial Code sections 00 and 0, Nevada US Mortgage has sixty (0 days within which to transfer its existing service accounts and to complete any loans for which it had commitments. Dated: December, 0 Los Angeles, California California Corporations Commissioner By DiAun M. Burns Special Administrator California Residential Mortgage Lending Act --
4 0 California Corporations Commissioner VIRGINIA JO DUNLAP (CA BAR NO. Deputy Commissioner ALAN S. WEINGER (CA BAR NO. Supervising Counsel JUDY L. HARTLEY (CA BAR NO. 0 Senior Corporations Counsel Department of Corporations West th Street, Ste. 0 Los Angeles, California 00- Telephone: ( -0 Fax: ( - Attorneys for Complainant In the Matter of the Accusation of THE CALIFORNIA CORPORATIONS COMMISSIONER, vs. Complainant, U.S. MORTGAGE doing business in California as NEVADA US MORTGAGE, Respondent. BEFORE THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA Case No.: -00 ACCUSATION The Complainant is informed and believes, and based upon such information and belief, alleges and charges Respondent as follows: I Respondent U.S. Mortgage doing business in California as Nevada US Mortgage ("Nevada US Mortgage is a residential mortgage lender and loan servicer licensed by the California Corporations Commissioner ( Commissioner pursuant to the California Residential Mortgage Lending Act (California Financial Code 0000 et seq. ( CRMLA. Nevada US Mortgage has its main office located at W. Sahara Ave., Ste. L., Las Vegas, Nevada 0.
5 0 II On or about May, 0, the Commissioner commenced a regulatory examination of the books and records of Nevada US Mortgage ("regulatory examination". The regulatory examination revealed that Nevada US Mortgage had failed to reconcile the escrow trust account since January, 0 in violation of California Financial Code section 0 and California Code of Regulations, Title 0, section 0... Moreover, the January, 0 escrow trust account reconciliation contained numerous adjusting items that had not been cleared, with the oldest adjusting items dating back to January, and an unreconciled difference of $,.. On or about June, 0, the Commissioner notified Nevada US Mortgage in writing that it must submit bank reconciliations for its escrow trust account through May, 0. Nevada US Mortgage telephoned the Department of Corporations and stated that the reconciliation of the escrow trust account would be brought current by early December 0. On or about January, 0, when Nevada US Mortgage had yet to submit current escrow trust account reconciliations, the Commissioner sent a further letter to Nevada US Mortgage requiring escrow trust account reconciliations through December, 0 be submitted no later than January 0, 0. Nevada US Mortgage has yet to submit any escrow trust account bank reconcilations as required. California Financial Code section 0(a provides in relevant part: Every person subject to this division shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage lending or residential mortgage servicing functions performed by that person comply with the provisions of this division and with all rules and orders made by the commissioner under this division.... California Code of Regulations, title0, section 0.. provides in pertinent part: (a A residential mortgage lender, residential mortgage lender and servicer, or residential mortgage loan servicer shall establish, and maintain current, the following books and records with reference to its trust accounts: ( A trust ledger card for each account detailing receipts and disbursement of all funds deposited by the borrower, lender or seller with the licensee in connection with the origination, closing or servicing of any mortgage loan; --
6 0 ( Liability controlling account;... (b The records referred to in subsections (a( and ( shall be reconciled at least once each month with the bank statements of the trust account..... III On or about December, 0, a report of the regulatory examination was sent to Nevada US Mortgage. Nevada US Mortgage was required to respond to the regulatory examination report in writing within 0 days. Nevada US Mortgage has yet to respond to the regulatory examination report as required by California Financial Code section 00 (b. California Financial Code section 0 provides in pertinent part: IV (a The commissioner may, after notice and a reasonable opportunity to be heard, suspend or revoke any license if the commissioner finds that: ( the licensee has violated any provision of this division or rule or order of the commissioner thereunder; or ( any fact or condition exists that, if it had existed at the time of the original application for license, reasonably would have warranted the commissioner in refusing to issue the license originally. V The Commissioner finds that, by reason of the foregoing, Nevada US Mortgage has violated California Financial Code sections 00(b and 0 and California Code of Regulations, title 0, section 0.., and based thereon, grounds exist to revoke the residential mortgage lender and loan servicer license of Nevada US Mortgage. WHEREFORE, IT IS PRAYED that the residential mortgage lender and loan servicer license of Nevada US Mortgage be revoked and that pursuant to California Financial Code sections 00 and 0, Nevada US Mortgage be given a transition period of sixty (0 days within which to transfer its existing service accounts and to complete any loans for which it had commitments. Dated: February, 0 Los Angeles, California California Corporations Commissioner By Judy L. Hartley Senior Corporations Counsel --
State of California Department of Corporations
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