Atlanta, Georgia — On March 10, 2014, an Order to Cease and Desist issued by the Georgia Department of Banking and Finance (“Department”) to William Ray Myers, NMLS# 627355, of Dacula, Georgia became final.
This Order to Cease and Desist was issued by the Department after evidence was obtained during the course of the investigation of Mr. Myers’s mortgage loan originator application showing that he engaged in residential mortgage brokering and/or originating activities without a license or under an applicable exemption in violation of O.C.G.A. § 7-1-1002.
As of August 1, 2010, all mortgage loan origination in Georgia must be performed by a licensed mortgage loan originator unless performed pursuant to an applicable exemption to licensing. Specifically, it is prohibited by Georgia law for any person to transact business as a mortgage loan originator for compensation or gain, or in the expectation of compensation or gain, to take mortgage loan applications, or offer or negotiate terms of mortgage loans without a mortgage loan originator license or pursuant to an exemption from licensure.
Pursuant to O.C.G.A § 7-1-1013 it is prohibited for any person transacting a mortgage business in or from this state to misrepresent the material facts or make false statements or promises likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan. Misrepresenting a material factor related to the license status of a mortgage loan originator, including the existence of a mortgage loan originator license, to an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan would be considered a violation of this code section.
The Department may revoke the license of a mortgage broker or lender that employs an individual against whom a final Order to Cease and Desist has been issued within the preceding five years if the order resulted in a violation of O.C.G.A. § 7-1-1002 or O.C.G.A. § 7-1-1013.
Deputy Commissioner for Non-Depository Financial Institutions
Phone: (770) 986-1371
The Department is the state agency that regulates and examines Georgia state-chartered banks, state-chartered credit unions, and state-chartered trust companies. The Department also has responsibility for the supervision, regulation, and examination of Merchant Acquirer Limited Purpose Banks (MALPBs) chartered in Georgia. In addition, the Department has regulatory and/or licensing authority over mortgage brokers, lenders and processors, mortgage loan originators, check cashers, sale of check companies, money transmitters, international banking organizations, and bank holding companies conducting business in Georgia.