By the Division of Banks
COMMONWEALTH OF MASSACHUSETTS
COMMISSIONER OF BANKS
MORTGAGE LOAN ORIGINATOR
Docket No. 2010-282-CO
In the Matter of
DANIELLE MARIE SOUZA
Mortgage Loan Originator License No. MLO180915
WHEREAS, Danielle Marie Souza (Danielle Souza), a formerly licensed mortgage loan originator under Massachusetts General Laws chapter 255F, section 2, has been advised of the 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 _July 8_, 2013 whereby, solely for the purpose of settling this matter, Danielle Souza agrees to the issuance of this CONSENT ORDER (Consent Order) by the Commissioner of Banks (Commissioner);
WHEREAS, The Division has jurisdiction over the licensing and regulation of persons engaged in the business of a mortgage loan originator in Massachusetts, pursuant to Massachusetts General Laws chapter 255F, section 2;
WHEREAS, Danielle Souza was, at all relevant times, a Massachusetts licensed mortgage loan originator doing business in the Commonwealth;
WHEREAS, on August 9, 2010, the Division issued a TEMPORARY ORDER TO CEASE AND DESIST, Docket No. 2010-282 (the Temporary Order), against Danielle Souza based upon her: failure to obtain a passing score on the Massachusetts component of the SAFE Mortgage Loan Originator Test, in violation of Massachusetts General Laws chapter 255F, section 6(a) and the Division’s regulation 209 CMR 41.04(2)(f); and failure to obtain a passing score on the National component of the SAFE Mortgage Loan Originator Test, in violation of Massachusetts General Laws chapter 255F, section 6(a) and the Division’s regulation 209 CMR 41.04(2)(f). The Temporary Order is incorporated herein, in its entirety, by reference;
WHEREAS, Danielle Souza failed to respond to the Temporary Order within the deadlines incorporated therein;
WHEREAS, on or about April 4, 2013, Danielle Souza contacted the Division requesting that the Division remove the Temporary Order from her record;
WHEREAS, Danielle Souza stated that she was not “pursuing a loan officer position at the time state regulations were put into effect”;
WHEREAS, the parties now seek to resolve this matter by mutual agreement; and
WHEREAS, in recognition of the Division and Danielle Souza having reached the following mutual agreement under this Consent Order to resolve this matter, the Commissioner has terminated the Temporary Order on this 8th day of July, 2013.
NOW COME the parties in the above-captioned matter, the Division and Danielle Souza, and stipulate and agree as follows:
- Danielle Souza attests that she has not engaged in activities that would require a Massachusetts mortgage loan originator license since the date of the Temporary Order.
- Immediately upon the execution of this Consent Agreement, the Division will update Danielle Souza’s licensing status in Massachusetts through the NMLS to “Terminated – Surrendered/Cancelled.”
- To the extent that Danielle Souza wishes to resume business in Massachusetts as a licensed mortgage loan originator at any time hereafter, Danielle Souza shall be required to submit a completed application to obtain the relevant license from the Commissioner. The Commissioner shall have all of the discretion set forth within General Laws chapter 255F, section 4 and the Division’s regulation 209 CMR 41.00 et seq. in determining whether to issue a license to Danielle Souza to conduct the licensed business, provided however, that any such application shall not be denied on the basis of the Temporary Order.
- The provisions of this Consent Order shall not limit, estop, or otherwise prevent any other state agency or department, from taking any other action affecting Danielle Souza.
- This Consent Order shall become effective immediately upon the date of its issuance.
- In accordance with the terms of the Consent Agreement entered by Danielle Souza and the Commissioner, Danielle Souza has waived any rights of appeal relative to the Temporary Order.
- 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 representing the resolution of this matter. There are no other agreements, promises, representations, or warranties other than those set forth in this Consent Order, which replaces and supersedes all prior agreements between Danielle Souza and the Commissioner.
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS:
Dated at Boston, Massachusetts, this 8th day of July, 2013
David J. Cotney
Commissioner of Banks
Commonwealth of Massachusetts