California NMLS License Defense Attorney

California Department of Financial Protection and Innovation License Defense Lawyer

The California Department of Financial Protection and Innovation, known as DFPI, licenses several hundred thousand NMLS (National Mortgage Licensing System) Licensees in the State of California. Most California NMLS Licensees have minimal or no contact with the enforcement arm of the California Department of Financial Protection and Innovation. For NMLS Licensees who become part of the California Department of Financial Protection and Innovation’s disciplinary process, the consequences are profound. The NMLS License disciplinary process is complex, procedural and time consuming. NMLS Licensees facing the California Department of Financial Protection and Innovation disciplinary process should seek legal representation from an experienced California NMLS License Defense Attorney.

California Department of Financial Protection and Innovation Investigation Defense Lawyer

The majority of California Department of Financial Protection and Innovation investigations begin with the filing of a consumer Complaint. However, California Department of Financial Protection and Innovation Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Financial Protection and Innovation employs non sworn Enforcement Representatives to conduct non criminal investigations. The California Department of Financial Protection and Innovation employs sworn Peace Officer Investigators to conduct criminal investigations against NMLS Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Financial Protection and Innovation disciplinary process. At the conclusion of a California Department of Financial Protection and Innovation investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Financial Protection and Innovation Legal Division. The California Department of Financial Protection and Innovation Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution.

If you are an NMLS Licensee facing a California Department of Financial Protection and Innovation investigation, contact a California Department of NMLS License Defense Attorney for representation.

California NMLS License Accusation Defense Attorney

A formal Accusation served on a California NMLS Licensee serves as notice to an NMLS that the Department intends to revoke the NMLS Licensees’ License. The NMLS, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the NMLS. A Default will result in the immediate Revocation of the NMLS Licensees’ License.

An Accusation is a serious matter that can result in the suspension or revocation of an NMLS License in California. In many cases, it is possible for NMLS Licensees to reach a Stipulated Agreement with the California Department of Financial Protection and Innovation. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

NMLS Licensees facing a California Department of Financial Protection and Innovation Accusation should contact an experienced California NMLS License Defense Attorney for representation. Common causes of action for disciplinary Accusations against NMLS Licensees include:

California NMLS License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Department of Financial Protection and Innovation can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Financial Protection and Innovation’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an NMLS to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the NMLS can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California NMLS Licensees facing a California Department of Financial Protection and Innovation Administrative Law Hearing need effective representation from a California NMLS License Defense Lawyer.

California NMLS License and Criminal Convictions

The California Department of Financial Protection and Innovation can discipline NMLS Licensees for criminal convictions. California Department of Financial Protection and Innovation discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an NMLS. Common criminal offenses that can cause NMLS License discipline are:

The California Department of Financial Protection and Innovation and other law enforcement agencies also investigate criminal conduct by NMLS Licensees in the course and scope of their trade. Criminal investigations often involve NMLS Licensees engaged in Elder Financial Abuse, Forgery, Fraud and Theft. In serious criminal cases against NMLS Licensees pending in Criminal Court, the California Department of Financial Protection and Innovation and the Department of Financial Protection and Innovation’s Legal Division may seek a California Penal Code § 23 Order against the NMLS. A California Penal Code § 23 Order seeks to suspend an NMLS License in Criminal Court.

NMLS Licensees facing criminal charges and NMLS Licensees who are convicted of criminal offenses need an experienced California NMLS License Defense Attorney for representation in disciplinary proceedings before the California Department of Financial Protection and Innovation.

California NMLS License Statement of Issues Attorney

The California Department of Financial Protection and Innovation thoroughly investigates all applicants for NMLS Licenses. The California Department of Financial Protection and Innovation may deny a California NMLS License for a variety of reasons. Most California NMLS License denials occur due to criminal convictions, financial problems or misstatements on the NMLS License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an NMLS License should contact a California NMLS License Denial Lawyer for representation in a California Department of Financial Protection and Innovation Statement of Issues Hearing.

California NMLS License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows NMLS Licensees who have received an NMLS License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the NMLS License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Financial Protection and Innovation. A successful NMLS License Petition for Reinstatement requires representation by an experienced California NMLS License Defense Attorney.