By the Division of Banks


COMMONWEALTH OF MASSACHUSETTS

Suffolk, SS.

COMMISSIONER OF BANKS
MORTGAGE LOAN ORIGINATOR
LICENSING
Docket No. 2013-030

FINAL ORDER AND DECISION

DIVISION OF BANKS
Petitioner

vs.

JONATHAN JASON VIZARD II
Mortgage Loan Originator License No. MLO30490
Respondent


The Division of Banks (Petitioner) has moved that Respondent Jonathan Jason Vizard II (Respondent) be defaulted for failure to respond to a Temporary Order to Cease and Desist and Order to Show Cause Docket Number: 2013-030 (Order).  The motion is granted.

BACKGROUND

  1. On November 13, 2013, the Division issued an Order against the Respondent based upon findings alleging:
    1. Jonathan Jason Vizard II’s failure to demonstrate and maintain the financial responsibility, character, reputation, integrity, and general fitness such as to command the confidence of the community and to warrant a determination that he would operate honestly, fairly, soundly and efficiently in the public interest, as a mortgage loan originator in violation of Massachusetts General Laws chapter 255F, section 4 and the Division’s regulation 209 CMR 41.04(2)(d);
    2. Jonathan Jason Vizard II’s failure to truthfully account for consumer funds and engaging in prohibited practices in violation of Massachusetts General Laws chapter 255F, sections 15(c) and 15(n); and
    3. Jonathan Jason Vizard II’s engaging in unfair and deceptive acts and practices in violation of Massachusetts General Laws chapter 255F, sections 15(b), 15(d) and 15(j).
  2.  The Order was sent via certified mail, first class and electronic mail to Jonathan Jason Vizard II’s post office and electronic address of record.
  3. Massachusetts Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01(4)(c), states in part, “Notice of actions…from the adjudicating Agency…shall be presumed to be received upon the day of hand-delivery or, if mailed, three days after deposit in the U.S. mail…”
  4. The Order required the Respondent to file an answer or otherwise respond to the charges contained in the Order within twenty-one (21) days of the effective date of the Order, pursuant to the Standard Adjudicatory Rules of Practice and procedure, 801 CMR 1.01(6)(d) and stated that failure to file an Answer within 21 days could result in:
    1. the Temporary Cease and Desist Order becoming permanent; and
    2. the entering of a Default Judgment against the Respondent relative to the Order to Show Cause.
  5. No Answer to the Order within the 21 day period was filed by the Respondent or is contained in the record, and the Order became permanent on December 4, 2013.
  6. On December 5, 2013, the Petitioner filed a request with the administrative hearings department to schedule an administrative hearing on this matter.
  7. On December 20, 2013, the administrative hearings department sent the Petitioner and the Respondent a Notice of a Status Conference on January 9, 2014.  The Notice of Status Conference was sent to the Respondent by first class mail, certified mail and electronic mail.  A return receipt signature card from the United States Postal Service with the signature of the Respondent dated December 23, 2013 was received by the administrative hearings department and is in the record of this matter.
  8. On January 8, 2014, the administrative hearings department received an email from the Respondent stating that he could not attend the Status Conference on January 9, 2014 but that he would submit a response by January 10, 2014.
  9. On January 9, 2014, the administrative hearings department left a telephone message and sent an email to the Respondent to state that the Status Conference would be held by means of conference telephone call.
  10. The Status Conference was held as scheduled on January 9, 2014 with the Petitioner present.  The Respondent did not participate by means of a conference telephone call or otherwise.
  11. On January 10, 2014, the administrative hearings department sent the Petitioner and the Respondent a Notice of Hearing informing the parties of a formal administrative hearing on this matter to be held on February 5, 2014 at 10:00 a.m. at 1000 Washington Street, 1st Floor, Hearing Room 1-E, Boston, Massachusetts.  The Notice of Hearing was sent to the Respondent by first class mail, certified mail and electronic mail.  A return receipt signature card from the United States Postal Service with the signature of the Respondent dated January 13, 2014 was received by the administrative hearings department and is in the record of this matter.
  12. On February 4, 2014, the Petitioner and the Respondent were informed via electronic mail that in the event that state offices were closed on February 5, 2014 due to inclement weather, the formal hearing on this matter would be postponed to February 6, 2014.
  13. State offices were closed on February 5, 2014 due to inclement weather and the formal administrative hearing on this matter was held on February 6, 2014, and the Respondent failed to appear at the hearing. 
  14. On February 6, 2014, the Petitioner filed a Motion for a Default Judgment against the Respondent, Jonathan Jason Vizard II, stating that the Respondent’s failure to file an Answer to the Findings of Fact and Temporary Order To Cease and Desist and Order to Show Cause within 21 days, failure to respond to numerous attempts to contact the Respondent, and failure to appear at the administrative hearing on February 6, 2014 all justify a Default Judgment.
  15. In addition, the Petitioner also requested the following:
    1. A final decision in favor of the Division and against Jonathan Jason Vizard II for each charge set forth in the Order.
    2.  A final Agency decision revoking Jonathan Jason Vizard II’s mortgage loan originator license number MLO30490 to conduct business as a mortgage loan originator in Massachusetts.
    3. A final Agency decision prohibiting Jonathan Jason Vizard II from any further actions, in any manner, as a mortgage loan originator in Massachusetts or from being employed by, as agent of, or operating on behalf of a mortgage loan originator or any other business which requires a license under chapter 255E or chapter 255F of the General Laws or any other business which requires a license from the Commissioner.
  16. A copy of the Motion for a Default Judgment was served on the Respondent by the administrative hearings department on February 6, 2014 by first class mail, certified mail and electronic mail.  The Respondent was directed to file an Answer to the Motion for a Default Judgment by February 18, 2014 and failure to do so would result in the allowance of said Motion.
  17. On February 14, 2014, the Respondent sent an electronic mail message to the hearing officer stating generally that the Respondent denied all of the Findings of Fact presented in the Order and did not address specific allegations against the Respondent contained in the Order.

     

    ORDER AND DECISION

     

  18. Based on the Motions and all documents previously filed, the Commissioner makes the following Decision:
    1. Because of the Respondent’s failure to file an Answer to the Order, failure to appear at, or participate in, the administrative hearing on February 6, 2014, or to file a responsive Answer to the Motion for Default Judgment, it is ordered that Jonathan Jason Vizard II be defaulted in accordance with Massachusetts General Laws chapter 30A, section 10(2).  Based upon the default, all allegations in the Order are deemed to be true.
    2. Jonathan Jason Vizard II’s mortgage loan originator license number MLO30490 is hereby permanently revoked.  Therefore, Jonathan Jason Vizard II is ordered to cease and desist from engaging in the business of a mortgage loan originator in Massachusetts and from any further actions, in any manner, as a mortgage loan originator in Massachusetts or from being employed by, as agent of, or operating on behalf of a mortgage loan originator or any other business which requires a license under chapter 255E or chapter 255F or any other business which requires a license from the Commissioner.
    3. The Division’s request for costs and fees for the investigation of this matter is hereby denied.
  19. This Final Order and Decision may be appealed by filing a written petition for judicial review within thirty (30) days after entry of this Final Order and Decision, pursuant to Massachusetts General Laws chapter 30A, sections 14 and 15.


 

BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.

Dated at Boston, Massachusetts, this 11th day of March, 2014

David J. Cotney
Commissioner of Banks
Commonwealth of Massachusetts