COMMONWEALTH OF MASSACHUSETTS
COMMISSIONER OF BANKS
MORTGAGE LOAN ORIGINATOR
Docket No. 2010-304-CO
In the Matter of
WHEREAS, ANTHONY CENCA, 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 October 1, 2010, whereby, solely for the purpose of settling this matter, and without admitting any allegations or implications of fact or the existence of any violations of applicable state and federal statutes or rules, Anthony Cenca 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, Anthony Cenca never applied for a mortgage loan originator license in the Commonwealth of Massachusetts;
WHEREAS, on April 15, 2010, pursuant to the authority granted under Massachusetts General Laws chapter 255E, section 8, the Division commenced an examination/inspection (the "2010 examination/inspection") of the books, accounts, papers, records, and files maintained by Mortgage America Home Loans, Inc., license no. MB4907, located at 1 Hunting Lane, Lynnfield, Massachusetts;
WHEREAS, books and records reviewed by the Division during the 2010 examination/inspection revealed that Anthony Cenca originated several Massachusetts residential mortgage loans on behalf of Mortgage America Home Loans, Inc., at times during which, according to his attested record in the Nationwide Mortgage Licensing System (NMLS), he was not licensed as a mortgage loan originator in Massachusetts in accordance with Massachusetts law; 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, Mortgage America, and Lisa Cenca, and stipulate and agree as follows:
- Anthony Cenca shall immediately cease negotiating, soliciting, arranging, providing or accepting any Massachusetts residential mortgage loan application, or assisting any consumer in completing such application, or otherwise operate as a mortgage loan originator, as that term is defined under General Laws chapter 255F, section 1.
- Anthony Cenca will refrain from submitting an application to obtain a mortgage loan originator license from the Commissioner for a period of thirty-six (36) months from the effective date of the Consent Order.
- To the extent that Anthony Cenca wishes to resume or engage in business as a mortgage loan originator at the expiration of the 36-month term as set forth above, Anthony Cenca shall be required to submit a completed application to obtain the relevant license from the Commissioner. Unless the Commissioner, in his sole discretion, agrees to accept such an application earlier, Anthony Cenca agrees not to submit such an application until the expiration of the 36-month term. 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 Anthony Cenca to conduct the licensed business provided however, that any such application shall not be denied solely 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 Anthony Cenca.
- This Consent Order shall become effective immediately upon the date of its issuance.
- In accordance with the terms of the Consent Agreement entered by Anthony Cenca and the Commissioner, Anthony Cenca has waived all rights of appeal that he may have relative to this Consent Order or any of its provisions.
- 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 and the Consent Agreement.
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.
Dated at Boston, Massachusetts, this 1st day of October, 2010
By: Steven L. Antonakes
Commissioner of Banks
Commonwealth of Massachusetts