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WHEREAS, LUCNER CHARLES d/b/a MASS FINANCIAL MORTGAGE COMPANY, Mattapan, Massachusetts ("Lucner Charles" or "Mass Financial Mortgage"), a licensed mortgage broker under Massachusetts General Laws chapter 255E, section 2, has been advised of his right to Notice and Hearing pursuant to Massachusetts General Laws chapter 30A, section 10, 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 June 26, 2008, whereby, solely for the purpose of settling this matter, Lucner Charles agrees to the issuance of this CONSENT ORDER ("Consent Order") by the Commissioner of Banks ("Commissioner").
WHEREAS, The Division of Banks ("Division"), through the Commissioner, has jurisdiction over the licensing and regulation of persons and entities engaged in the business of a mortgage broker in Massachusetts pursuant to Massachusetts General Laws chapter 255E, section 2.
WHEREAS, Lucner Charles, at all relevant times, has been an individual engaged in the business of a mortgage broker in the Commonwealth with an office located at 1601 Blue Hill Avenue, Mattapan, Massachusetts which Mr. Charles represents was maintained through December 2006.
WHEREAS, Lucner Charles is licensed by the Commissioner as a mortgage broker under Massachusetts General Laws chapter 255E, section 2. According to records maintained on file with the Division, the Commissioner initially issued a mortgage broker license number MB2239 to Lucner Charles to engage in the business of a mortgage broker at 1601 Blue Hill Avenue, Mattapan, Massachusetts on or about April 18, 2001. According to records maintained on file with the Division, Lucner Charles maintains an additional license for an office location at 100 Main Street, Brockton, Massachusetts with license number MB3309, which was issued on or about February 13, 2004.
WHEREAS, on March 30, 2007, the Commissioner and Lucner Charles entered into a Memorandum of Understanding ("Memorandum") for the purpose of settling the matters raised by the findings of the Division's Report of Examination/Inspection on Consumer Compliance which was prepared as of January 30, 2004 as well as the administrative proceedings which resulted thereafter.
WHEREAS, on October 15, 2007, pursuant to the authority granted under Massachusetts
General Laws chapter 255E, section 8, the Division commenced an examination/inspection (the "2007 examination/inspection") of the books, accounts, papers, records, and files maintained by Lucner Charles to evaluate his compliance with: (1) the laws, regulations, and regulatory bulletins applicable to the conduct of the mortgage broker business in Massachusetts and (2) the provisions of the Memorandum.
WHEREAS, on or about November 5, 2007, the Division's Report of Examination/Inspection prepared as of October 15, 2007 (the "Report"), was issued to Lucner Charles and presented findings which alleged significant failures to comply with: (1) applicable state and federal laws, rules, regulations, and regulatory bulletins governing the conduct of those engaged in the business of a mortgage broker in Massachusetts and (2) the provisions of the Memorandum.
WHEREAS, on or about November 5, 2007, based upon the findings of the 2007 examination/inspection, the Division issued a FINDINGS OF FACT AND TEMPORARY ORDER TO CEASE AND DESIST AND ORDER TO SHOW CAUSE AND NOTICE OF RIGHT TO A HEARING ("2007 Order and Notice"), Docket No. 2007-033, against Lucner Charles. The 2007 Order and Notice alleged certain Charges and violations of law against Lucner Charles, including, but not limited to, the following:
WHEREAS, on or about December 17, 2007, Lucner Charles filed a Response to the 2007 Order and Notice with the Division whereby he contested certain of the Division's findings and alleged violations of law contained in the 2007 Order and Notice. By his Response, Lucner Charles further reserved his right to proceed to an administrative hearing in accordance with Massachusetts General Laws chapter 30A.
WHEREAS, after extensive negotiations and solely for the purpose of settlement of all alleged violations and Charges which the parties now dispute without protracted administrative proceedings and judicial review, Lucner Charles hereby waives his right to complete the hearing process relative to this proceeding and affirms that he is willing to take all necessary action as set forth in this Consent Order.
WHEREAS, the parties now seek to resolve by mutual agreement, the matters identified in the 2007 Order and Notice.
NOW COME the parties in the above-captioned matter, the Division and Lucner Charles, and stipulate and agree as follows:
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS:
Dated at Boston, Massachusetts, this 26th day of June, 2008.
By: Steven L. Antonakes
Commissioner of Banks
Commonwealth of Massachusetts