Atlanta, GA – April 8, 2011 – (RealEstateRama) –On April 6, 2011, the Georgia Department of Banking and Finance (“Department”) entered into a Consent Order with BDK Mortgage & Investments, Inc. (“BDK Mortgage”), License Number 11800, Nationwide Mortgage Licensing System Number 166983, located at 201 Tallman Drive, Martinez, Georgia 30907 and its owners, Jackie H. Spires and James Spires, to resolve allegations pertaining to violations of the Georgia Residential Mortgage Act and agency rules.The Notice of Intent to Revoke issued to BDK Mortgage provided, among other things, that this licensee purposefully made false statements or material misrepresentations to the Department and transacted business with and directly or indirectly controlled a person who is unlicensed and unregistered and who is not exempt from licensing or registration requirements.
The terms of the Consent Order are as follows:
- On April 6, 2011, the mortgage broker license of BDK Mortgage was revoked. BDK Mortgage can never apply to the Department for another license to be a mortgage broker or mortgage lender.
- On this same day, the mortgage loan originator’s license of Jackie H. Spires was revoked.
- Also on this same day, the Orders to Cease and Desist issued to Jackie H. Spires and James Spires became final.
- BDK Mortgage will be permitted to close or complete work on all loans that have been originated as of April 6, 2011, as long as those loans are closed or completed within 60 days thereafter. The term “originated loans” refers to those loans which have already been submitted to a lender for consideration and cleared to close.
- BDK Mortgage, Jackie H. Spires and James Spires shall also fully cooperate in any regulatory, administrative, civil or criminal investigation.
Pursuant to state law, it is prohibited for any person knowingly to purchase, sell, or transfer a mortgage loan or loan application from or to a mortgage broker or mortgage lender who is not licensed or exempt from licensing or registration provisions.
Additionally, the Department may revoke the license of a mortgage broker or mortgage lender that employs an individual against whom a final Order to Cease and Desist has been issued within the preceding five years.
The Department has regulatory and/or licensing authority over state-chartered banks, credit unions, trust companies, mortgage loan originators, mortgage brokers, mortgage lenders, mortgage processors, check cashers, sale of check companies, money transmitters, international banking organizations, and bank holding companies conducting business in Georgia. Visit us on the Web at: http://dbf.georgia.gov/