2018 Annual Report to the Governor & Legislature
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2018 ANNUAL REPORT DEPARTMENT OF CONSUMER CREDIT STATE OF OKLAHOMA CONTENTS ADMINISTRATOR’S ACKNOWLEDGEMENTS _________________________________________________________ 2 MISSION STATEMENT ____________________________________________________________________________________ 3 ADMINISTRATOR’S REPORT _____________________________________________________________________________ 4 COMMISSION ON CONSUMER CREDIT ________________________________________________________________ 9 DEPARTMENT STAFF ____________________________________________________________________________________ 10 ORGANIZATIONAL STRUCTURE ______________________________________________________________________ 11 MORTGAGE LENDERS ___________________________________________________________________________________ 12 MORTGAGE BROKERS __________________________________________________________________________________ 39 MORTGAGE LOAN ORIGINATORS __________________________________________________________________47 SUPERVISED LENDERS ________________________________________________________________________________247 DEFERRED DEPOSIT LENDERS _______________________________________________________________________263 RENT-TO-OWN DEALERS _____________________________________________________________________________ 266 PAWNBROKERS ________________________________________________________________________________________270 PRECIOUS METAL AND GEM DEALERS ______________________________________________________________282 CREDIT SERVICE ORGANIZATIONS _________________________________________________________________ 288 HEALTH SPAS ____________________________________________________________________________________________291 NOTIFICATIONS ________________________________________________________________________________________ 298 CONSUMER LITIGATION FUNDERS ________________________________________________________________369 COMMISSION MEETING MINUTES ___________________________________________________________________371 i November 14, 2018 The Honorable Mary Fallin Governor, State of Oklahoma 2300 N. Lincoln Blvd., Room 212 Oklahoma City, Oklahoma 73105 The Honorable Greg Treat President Pro Tempore Oklahoma State Senate 2300 N. Lincoln Blvd., Room 422 Oklahoma City, Oklahoma 73105 The Honorable Charles McCall Speaker of the Oklahoma House of Representatives 2300 N. Lincoln Blvd., Room 401 Oklahoma City, Oklahoma 73105 Dear Governor Fallin, President Pro Tempore Treat and Speaker McCall: On behalf of the Oklahoma Commission on Consumer Credit and the staff, we are pleased to submit the 2018 Annual Report for the Oklahoma Department of Consumer Credit and the Oklahoma Commission on Consumer Credit. This report contains information regarding the activities of the Department, the Commission, and the industries licensed and regulated by the Department. Thanks to the leadership and foresight of our Governor and Legislature, our Department continues its mission as a non-appropriated agency because our industries recognize they should pay for their enforcement themselves instead of relying on state dollars. We are proud of our accomplishments and look forward to working with the industries we regulate and most importantly, the Oklahoma consumers. Although we have achieved a great deal, we remain steadfast on our path of improving our efficiency and effectiveness. 2 Scott Lesher Administrator Email: [email protected] Telephone: (405)-521-3653 Department of Consumer Credit 3613 N.W. 56th Street, Suite 240 · Oklahoma City, OK 73112 Telephone: (405)-521-3653 · Fax: (405)-521-6740 Statewide Consumer Line: (800)-448-4904 Website: http://www.ok.gov/okdocc MISSION STATEMENT We protect and educate consumer buyers, lessees and borrowers against unfair practices, and are fair and impartial in the regulation of consumer credit transactions in Oklahoma. _______________________________________________________________________________________________ 3 ADMINISTRATOR’S REPORT The Administrator's report includes information pursuant to Title 14A O.S. § 6-104 (5), and is expanded to include other responsibilities and accomplishments of the Department of Consumer Credit. The Department of Consumer Credit annually licenses or registers over 14,295 credit- related organizations including mortgage lenders, mortgage brokers, mortgage loan originators, supervised lenders, deferred deposit lenders, rent-to-own dealers, pawnbrokers, precious metal and gem dealers, credit service organizations, health spas, consumer litigation funders, and notifications in relation to acceptance companies and businesses that finance goods and services for Oklahoma consumers. There are 6,382 licensee offices which are periodically investigated or examined. The table and chart below includes the number and percentages of those offices. Table-Industry office numbers & percentages Industry Offices % of total Mortgage Lenders 1,103 17.28% Mortgage Brokers 279 4.37% Supervised Lenders 1276 19.99% Deferred Deposit Lenders 213 3.33% Rent to Own Dealers 219 3.43% Pawnbrokers 294 4.60% Precious Metal and Gem Dealers 67 1.49% Credit Service Organizations 40 0.62% Health Spas 178 2.78% Notifications 2695 42.28% Consumer Litigation Funders 18 0.28% Total 6,382 4 Chart-Regulated Industry office percentages Industry Offices 0.28% Mortgage Lenders 17.28% Mortgage Brokers Supervised Lenders 4.37% Deferred Deposit Lenders 42.28% Rent to Own Dealers Pawnbrokers 19.99% Precious Metal and Gem Dealers Credit Service Organizations Health Spas Notifications 4.60% 2.78% 3.33% Consumer Litigation Funders 3.43% 0.62% 1.49% During the year, the Department has made significant improvements that will benefit Oklahoma consumers and licensees. A partial listing of accomplishments this year includes: The Department has processed over 202 formal consumer complaints. The Department continues to upgrade our website to effectively serve and educate consumers and licensees. The Department continues to improve in developing model examinations in all areas of enforcement to operate more efficiently. The Department continues to monitor and make improvements to our database and data entry programs compatible with the Nationwide Mortgage Licensing System (NMLS); which is a system of records for our 9,242 mortgage licensees. The Department continues to adhere to the practices outlined in the Energy Efficiency and Conservation Plan created in FY10 in response to Senate Bill 833. The Department has refined procedures to systematize the examination process, making it more efficient for examiners. The Department has revised written licensing procedures to streamline the licensing process for businesses and professionals. The Department maintains our mortgage supervision accreditation from the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage 5 Regulators (AARMR). The Department continues to develop its Investigation unit, which focuses its efforts on identifying unlicensed activity, to ensure that Oklahoma consumers are receiving all protections afforded to them by law. The Department was actively involved in Multi-State Mortgage examination activity through CSBS and AARMR. The Department has finalized its refund process after it secured $1,000,000.00 on behalf of affected Oklahoma consumers, providing refunds to 1,187 consumers. The Department had three (3) Consumer Credit Examiners obtain their first mortgage certification through CSBS, as Certified Mortgage Examiners (CMEs). The Department also had one (1) Consumer Credit Examiner elevate his certification to a Certified Senior Mortgage Examiner (CSME). For the first time since 2015, the Department was able to re-implement its practice of offering a rebate to its regulated industries in the form of a twenty-one percent (21%) discount to license renewal fees, projecting an approximate savings of (six hundred thousand dollars) $600,000.00 to licensees. EXAMINATION AND INVESTIGATION POLICIES AND PROCEDURES Examinations The Department’s Chief Consumer Credit Examiner is responsible for scheduling examinations. Once an examination is completed, an examiner prepares an examination report that is reviewed by the Chief Consumer Credit Examiner. After the exam report is reviewed, it is sent to the address of record of the licensee. The licensee has twenty (20) days to either correct the examination errors or demonstrate the alleged errors did not occur. If a licensee does not correct the examination errors or demonstrate that the errors did not occur within the required period of time, the examination report is referred to the Department’s General Counsel for consideration of enforcement proceeding. Complaints Persons submitting complaints are required to submit a written explanation of their complaint along with any appropriate supporting documentation. Complaints are assigned by the Director of Licensing to Consumer Credit Examiners for resolution. Consumer Credit Examiners review the complaint and supporting documentation to determine if the Department has jurisdiction concerning the complaint or to determine if there is a basis for the complaint. If there is a basis for the complaint, a copy of the complaint is sent to the licensee for a response within twenty (20) days. If the matter is not resolved within the required period of time or if the licensee does not respond to the complaint, the complaint may be referred to the Department’s General Counsel for consideration of an enforcement action. 6 THE USE OF CONSUMER CREDIT IN THE STATE OF OKLAHOMA There were no significant