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Consent Order

Consent Order  Nicholas Anthony Testani

Date: 12/02/2011
Organization: Division of Banks
Docket Number: 2011-081
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Nicholas Anthony Testani - Consent Order

COMMONWEALTH OF MASSACHUSETTS

Suffolk, SS.

COMMISSIONER OF BANKS
MORTGAGE LOAN
ORIGINATOR LICENSING
Docket No. 2011-081

CONSENT ORDER

In the Matter of
NICHOLAS ANTHONY TESTANI

WHEREAS, Nicholas Anthony Testani ("Nicholas Testani") 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 December 2, 2011, whereby, solely for the purpose of settling this matter without admission of any violation of law, Nicholas Testani 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, Nicholas Testani has never applied for or obtained a Massachusetts mortgage loan originator license;

WHEREAS, on February 7, 2011, 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 Intercontinental Capital Group, Inc., New York, New York, mortgage lender license no. ML60134;

WHEREAS, the Division’s review of books and records during the examination/inspection revealed that Nicholas Testani originated one (1) Massachusetts residential mortgage loan application on behalf of Intercontinental Capital Group, Inc., at a time during which, according to his attested record in the Nationwide Mortgage Licensing System ("NMLS"), he did not have an approved Massachusetts mortgage loan originator license in accordance with Massachusetts law;

WHEREAS, by contemporaneous agreement set forth in the Consent Order, Docket No. 2011-055, entered between Intercontinental Capital Group, Inc. and the Division (the "Consent Order, Docket No. 2011-55"), Intercontinental Capital Group, Inc., without admitting any violation of law occurred, agreed to satisfy any administrative penalty assessed against Nicolas Testani in consideration of the alleged mortgage loan originator licensing violation described above; and

WHEREAS, the parties now seek to resolve by mutual agreement, the aforementioned matters.

ORDER

NOW COME the parties in the above-captioned matter, the Division and Nicholas Testani, and stipulate and agree as follows:

  1. Pursuant to the provisions of the Consent Order, Docket No. 2011-055, Intercontinental Capital Group, Inc., without any requirement or obligation to do so, agreed to satisfy an administrative penalty in the amount of one thousand dollars ($1,000.00) which was assessed against Nicholas Testani in consideration of his act of originating one residential mortgage loan when he was not licensed as a mortgage loan originator in Massachusetts.
  2. Nicholas Testani, during all relevant times in the future in which a Massachusetts mortgage loan originator license may be held, must comply with all laws and regulations applicable to him conducting the business of a mortgage loan originator, including, but not limited to, Massachusetts General Laws chapter 255F, and the Division’s regulation 209 CMR 41.00. Such obligations shall include a duty to ensure strict compliance with Massachusetts General Laws chapter 255F, section 2, which states, in part: "No individual shall act as a mortgage loan originator with respect to any dwelling unless such person has first obtained a mortgage loan originator license from the commissioner…"
  3. This Consent Order shall become effective immediately upon the date of its issuance.
  4. 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.
  5. This Consent Order and the Consent Agreement are the complete documents that represent 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 2nd day of December, 2011

By:
David J. Cotney
Commissioner of Banks

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