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WHEREAS, ANDREW JARED FISHER ("Andrew Fisher"), 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 November 15, 2010, whereby, solely for the purpose of settling this matter, Andrew Fisher 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, Chapter 206 of the Acts of 2007 which added Chapter 255F to the General Laws of Massachusetts introduced the license requirement for individuals engaged in the activity of a "mortgage loan originator" and grandfathered existing loan originators who applied for a mortgage loan originator license before July 1, 2008;
WHEREAS, Andrew Fisher applied for a Massachusetts mortgage loan originator license on May 19, 2008 and was, therefore, "grandfathered" and permitted to originate mortgage loans until January 9, 2009 when he voluntarily withdrew his mortgage loan originator license application;
WHEREAS, on September 10, 2009, 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 Wyndham Capital Mortgage, Inc., Charlotte, North Carolina, license no. MB3721;
WHEREAS, the Division's review of books and records during the examination/inspection revealed that Andrew Fisher originated two (2) Massachusetts residential mortgage loan applications on behalf of Wyndham Capital Mortgage, Inc. after he had voluntarily withdrawn his Massachusetts mortgage loan originator license application; and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 Andrew Fisher, and stipulate and agree as follows:
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.
Dated at Boston, Massachusetts, this 15th day of November, 2010
By: Steven L. Antonakes
Commissioner of Banks
Commonwealth of Massachusetts