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COMMONWEALTH OF MASSACHUSETTS
COMMISSIONER OF BANKS
Docket No. 2009-131-MLO
FINDINGS OF FACT AND
TEMPORARY ORDER TO
CEASE AND DESIST
In the Matter of
KALONJI D. FRANKLIN
Mortgage Loan Originator License No.: MLO25380
The Commissioner of Banks ("Commissioner") having determined that KALONJI D. FRANKLIN., has engaged in, or is engaging in, or is about to engage in, acts or practices constituting violations of Massachusetts General Laws chapter 255F, and applicable regulations found at 209 CMR 41.00 et seq., hereby issues the following FINDINGS OF FACT AND TEMPORARY ORDER TO CEASE AND DESIST ("Temporary Order") pursuant to General Laws chapter 255F, section 8(b).
FINDINGS OF FACT
Unfair or Deceptive Acts and Practices
a. Deceptive Business Practices
It is a prohibited act or practice for a Licensee to engage in conduct prohibited under 2 09 CMR 42.12A.
It is a prohibited act or practice for a mortgage broker of mortgage lender to falsify income or asset information on a mortgage loan application or mortgage loan documents.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
Whenever the commissioner finds that any licensee has violated this chapter or any rule or regulation promulgated thereunder, or any other law of the commonwealth applicable to the conduct of a mortgage loan originator on residential property in the commonwealth, the commissioner may, by order, in addition to any other action authorized under this chapter or any rule or regulation made thereunder, impose a penalty upon the person which shall not exceed $5,000 for each violation up to a maximum of $100,000 for such violation plus the costs of investigation. The commissioner may impose a penalty which shall not exceed $5,000 for each violation of this chapter, or any rule or regulation promulgated hereunder, by a person other than a licensee, plus the costs of investigation.
(a) Borrower AProperty Address: Stellman Road, Unit 3, Roslindale, MAUnderwriter: Kalonji D. Franklin
(b) Borrower BProperty Address: Highland, Unit 2 and Unit 3 Roxbury, MAUnderwriter, Kalonji D. Franklin
(c) Borrower CProperty Address: Stellman Road, Unit 2, Roslindale, MAUnderwriter: Kalonji D. Franklin
The 1003 Form reviewed by the Division's examiners reflected five properties in the real estate owned section, of which four were listed as rental properties. The application reported a net rental income loss of $12,794 or $153,528 annually. Information reflected on the 1003 Form indicated that the Borrower was a Supportive Housing Specialist. According to the automated underwriting Form issued by Taylor, Bean & Whitaker, the investor, the borrower had a total monthly debt of $22,361.98 or $268,343.76 annually.
b. Deceptive Business Practices: Misrepresentation of Occupancy Status
Occupancy. Borrower shall occupy, establish, and use the property as the Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
(a) Borrower D:Property: Topliff Street, Dorchester, MAProperty: Geneva Avenue, Unit 2, Dorchester, MAUnderwriter: Kalonji D. Franklin
(b) Borrower E:Property: D Street, Units 1 and 2 South Boston, MAUnderwriter and Loan Originator: Kalonji D. Franklin
(c) Borrower F:Property: Tyler Street, Malden, MAUnderwriter: Kalonji Franklin
CONCLUSIONS OF LAW
ORDER TO CEASE AND DESIST
BY ORDER AND DIRECTION OF THE COMMISSIONER OF BANKS.
Dated at Boston, Massachusetts, this 12th day of November, 2009
By: Steven L. Antonakes
Commissioner of Banks
Commonwealth of Massachusetts