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WHEREAS, RACHEL ELIZABETH HARBERT ("Rachel Harbert"), has been advised of her 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, Rachel Harbert 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, the Commissioner initially issued an approved mortgage loan originator license, license number MLO83765 to Rachel Harbert to engage in the business of a mortgage loan originator on August 6, 2009;
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 Rachel Harbert originated one (1) Massachusetts residential mortgage loan application on behalf of Wyndham Capital Mortgage, Inc. at a time during which, according to her Nationwide Mortgage Licensing System ("NMLS") record, she was not yet licensed as a mortgage loan originator in Massachusetts; 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 Rachel Harbert, 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