Texas Department of Savings & Mortgage Lending License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Mortgage Lending License Defense cases. Texas Financial License holders face a significant number of rules and regulations promulgated by the Texas Department of Savings & Mortgage Lending. Any alleged violation of these rules and regulations can result in an obstacle to a Financial licensee’s ability to practice in Texas. The firm practices Texas SML License Defense. From a Texas SML application Denial Hearing to an Enforcement Action, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas SML License clients in these Locations of Practice. The firm represents the following Financial License holders before the Texas Department of Savings & Mortgage Lending:
- Credit Union Subsidiary Organization
- Financial Services Company
- Independent Contractor Processor
- Mortgage Banker Branch
- Mortgage Broker
- Mortgage Company
- Mortgage Company Branch
- Mortgage Loan Originator
- Residential Mortgage Loan Servicer
- Savings Bank Branch Office
- Savings Bank Charter
- Underwriter Company
Texas Department of Savings & Mortgage Lending License Defense Lawyers
Many individuals possess Financial Licenses issued by Texas SML. Most Texas SML licensed Financial License holders have minimal or no contact with the disciplinary systems of the Texas Department of Savings & Mortgage Lending. For Texas Financial License holders who become part of the Texas SML disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas SML Investigation Defense Lawyers
The majority of Texas Department of Savings & Mortgage Lending License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas SML utilizes non sworn civilian investigators to conduct non criminal investigations against licensed professionals and businesses. Texas SML works with Texas law enforcement to investigate criminal and administrative law violations committed by Texas professional licensees. 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 Texas Department of Savings & Mortgage Lending License disciplinary process. At the conclusion of a Texas SML investigation, Texas SML has several options. The Texas Department of Savings & Mortgage Lending can choose to close the Complaint. Texas SML can choose to issue an Administrative Penalty. The Texas Department of Savings & Mortgage Lending can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called an Enforcement Action. Texas SML legal counsel will determine whether cause exists to file an Enforcement Action. Texas SML may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Department of Savings & Mortgage Lending may refer the case to the District Attorney’s Office for criminal prosecution.
Texas SML Enforcement Action Defense Attorneys
An Enforcement Action served on a Texas Financial License holder serves as notice to a licensee that Texas SML intends to suspend or revoke the Texas Financial License or Texas Financial License. The licensee, now called the Respondent, has only 20 days from the date that the Enforcement Action was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Financial License. A Default will result in the immediate Revocation of the Texas Financial License.
The filing of an Enforcement Action is a serious matter that can result in the suspension or revocation of a Financial License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas SML. An Agreed Order is a formal term for a settlement agreement. If an Agreed Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Department of Savings & Mortgage Lending Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas SML disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas SML Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Department of Savings & Mortgage Lending and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. Texas SML can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Department of Savings & Mortgage Lending’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas Department of Savings & Mortgage Lending License and Criminal Convictions
Texas SML can discipline Financial Licensees for criminal convictions. Administrative Law discipline for Texas Financial License holders primarily occurs for felony criminal convictions and criminal convictions related to the Financial License. The Texas Department of Savings & Mortgage Lending and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas SML License discipline are:
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Texas SML License Denial Defense Attorneys
The Texas Department of Savings & Mortgage Lending thoroughly investigates all applicants for Financial Licenses. Texas SML may deny licensees from other states and countries. Most Texas Financial License denials occur due to criminal convictions, financial problems or misstatements on the Financial License application. Denial Hearings and Enforcement Action Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Financial License Denial Hearing, the applicant bears the burden of proof.
Texas Department of Savings & Mortgage Lending Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas SML License Revocation to reinstate their Texas Financial License. The Petition for Reinstatement may result in an investigation by Texas SML. Subsequent to an investigation, the Texas SML may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Texas SML may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.