COMMONWEALTH OF MASSACHUSETTS
COMMISSIONER OF BANKS
Docket No. 2009-149-CO
In the Matter of
ANTONIO BARLETTA, JR.
Mortgage Loan Originator License No.: MLO18717
WHEREAS, ANTONIO BARLETTA, JR., a licensed mortgage loan originator under Massachusetts General Laws chapter 255F, section 2 and 209 CMR 41.00 et seq., has been advised of his right to Notice and Hearing pursuant to Massachusetts General Laws chapter 30A, section 10 and chapter 255F, section 11(b), and having waived those rights, entered into a STIPULATION AND CONSENT TO THE ISSUANCE OF A CONSENT ORDER ("Consent Agreement") with representatives of the Division of Banks ("Division") dated January 25, 2009, whereby, solely for the purpose of settling this matter, Antonio Barletta, Jr. agrees to the issuance of this CONSENT ORDER ("Consent Order") by the Commissioner of Banks ("Commissioner");
WHEREAS, the Division, through the Commissioner, has jurisdiction over the licensing and regulation of persons and entities engaged in the business of a mortgage loan originator in Massachusetts pursuant to Massachusetts General Laws chapter 255F, section 2;
WHEREAS, the Commissioner initially issued a mortgage loan originator license, license number MLO18717 to Antonio Barletta, Jr. to engage in the business of a mortgage loan originator on or about May 16, 2008;
WHEREAS, Antonio Barletta, Jr.'s mortgage loan originator license is maintained by the sole employer of record in the Nationwide Mortgage Licensing System ("NMLS"), authorizing Antonio Barletta, Jr. to originate mortgage loans for such employer in the Commonwealth of Massachusetts;
WHEREAS, Antonio Barletta, Jr.'s employing entity of record in the NMLS has at all relevant times been First Boston Mortgage Corp., mortgage broker license no. MB2254, located at 8 Cedar Street, Unit 67, Chestnut Green, Woburn, MA, 01801;
WHEREAS, a mortgage loan originator may be employed by no more than one entity;WHEREAS, on December 11, 2008, pursuant to the authority granted under Massachusetts General Laws chapter 255E, section 8, the Division commenced an examination/inspection (the "2008 examination/inspection") of the books, accounts, papers, records, and files maintained by The Mortgage Group, Ltd., license no. MB4627, located at 1107 Pleasant Street, Fall River, MA, 02723;
WHEREAS, books and records reviewed by the Division during the 2008 examination/inspection revealed that Antonio Barletta, Jr. originated five (5) residential mortgage loans on behalf of The Mortgage Group, Ltd. at times during which, according to his attested NMLS record, he was both employed by and sponsored by First Boston Mortgage Corp.; and
WHEREAS, the parties now seek to resolve by mutual agreement, the aforementioned matters.
NOW COME the parties in the above-captioned matter, the Division and Antonio Barletta, Jr., and stipulate and agree as follows:
- Antonio Barletta, Jr. shall immediately cease engaging in the activities of a mortgage loan originator as defined in General Law chapter 255F, section 1, for any entity other than his Employing Entity through whom Antonio Barletta, Jr. is sponsored under the NMLS.
- Within thirty (30) days from the effective date of this Consent Order, Antonio Barletta, Jr. shall submit a payment of five thousand dollars ($5,000.00) in satisfaction of an administrative penalty collected in consideration of Antonio Barletta, Jr. originating residential mortgage loans on behalf of an entity that was not Antonio Barletta, Jr.'s sponsoring employer of record. Antonio Barletta, Jr. shall remit payment in full of the amount indicated above, payable to the "Commonwealth of Massachusetts," with the executed copy of the Consent Agreement, to the Office of the Commissioner of Banks, One South Station, 3rd Floor, Boston, Massachusetts 02110. The Division shall remit the payment for deposit into the General Fund of the Commonwealth.
- Antonio Barletta, Jr. shall comply with all laws and regulations applicable to his conducting the business of a mortgage loan originator, including, but not limited to, Massachusetts General Laws chapter 255F, and the Division's regulations 209 CMR 41.00. Such obligations shall necessarily include a duty to ensure compliance with the Division's licensing requirements including the Division's regulations 209 CMR 41.05(2) and 41.10(6) which prohibit mortgage loan originators from being employed by, or originating loans on behalf of, more than one entity licensed under Massachusetts General Laws chapter 255E and through which Antonio Barletta, Jr. is sponsored in accordance with the standards set forth by the Nationwide Mortgage Licensing System.
- This Consent Order shall become effective immediately upon the date of its issuance.
- The provisions of this Consent Order shall remain effective and enforceable except to the extent that, and until such time as, any provisions of this Consent Order shall have been modified, terminated, suspended, or set aside by the Commissioner or upon an order of a court of competent jurisdiction.
- This Consent Order and the Consent Agreement are the complete documents that represent the resolution of this matter. There are no other agreements, promises, representations, or warranties other than those set forth in this Consent Order and the Consent Agreement.
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.
Dated at Boston, Massachusetts, this 25th day of January, 2010
By: Steven L. Antonakes
Commissioner of Banks
Commonwealth of Massachusetts