By the Division of Banks
COMMONWEALTH OF MASSACHUSETTS
COMMISSIONER OF BANKS
Docket No. 2011-074
In the Matter of
ROBERT ERIC PUDLOWSKI
Mortgage Loan Originator License No.: MLO64545
WHEREAS, Robert Eric Pudlowski ("Robert Pudlowski"), 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, 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 December 2, 2011, whereby, solely for the purpose of settling this matter without admission of any violation of law, Robert Pudlowski 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, according to the Nationwide Mortgage Licensing System ("NMLS"), Robert Pudlowski’s Massachusetts mortgage loan originator license was in an inactive status from March 18, 2010 through March 24, 2010 because he was not properly sponsored by an employing entity through NMLS;
WHEREAS, notice was delivered to Robert Pudlowski that his Massachusetts mortgage loan originator license status had changed to "inactive" on March 18, 2010, when his license status was updated on the NMLS;
WHEREAS, on February 7, 2011, pursuant to the authority granted under Massachusetts General Laws chapter 255E, section 8, the Division commenced an examination/inspection ("examination/inspection") of the books, accounts, papers, records, and files maintained by Intercontinental Capital Group, Inc., New York, New York, mortgage lender license no. ML60134;
WHEREAS, the Division’s review of books and records during the examination/inspection revealed that Robert Pudlowski originated two (2) Massachusetts residential mortgage loan applications on behalf of Intercontinental Capital Group, Inc. when his license was in an inactive status;
WHEREAS, by contemporaneous agreement set forth in the Consent Order, Docket No. 2011-055, entered between Intercontinental Capital Group, Inc. and the Division (the "Consent Order, Docket No. 2011-055"), Intercontinental Capital Group, Inc., without admitting any violation of law occurred, agreed to satisfy any administrative penalty assessed against Robert Pudlowski in consideration of the alleged mortgage loan originator licensing violations described above; 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 Robert Pudlowski, and stipulate and agree as follows:
- Pursuant to the provisions of the Consent Order, Docket No. 2011-055, Intercontinental Capital Group, Inc., without any requirement or obligation to do so, agreed to satisfy an administrative penalty in the amount of two thousand dollars ($2,000.00) which was assessed against Robert Pudlowski in consideration of his act(s) of originating residential mortgage loan(s) when his mortgage loan originator license was in an inactive status in Massachusetts.
- Robert Pudlowski, during all relevant times in the future in which a Massachusetts mortgage loan originator license may be held, must comply with all laws and regulations applicable to him conducting the business of a mortgage loan originator, including, but not limited to, Massachusetts General Laws chapter 255F, and the Division’s regulation 209 CMR 41.00. Such obligations shall include a duty to ensure strict compliance with Massachusetts General Laws chapter 255F, section 2, which states, in part: "No individual shall act as a mortgage loan originator with respect to any dwelling unless such person has first obtained a mortgage loan originator license from the commissioner…"
- 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 2nd day of December, 2011
David J. Cotney
Commissioner of Banks