Mohammad v. The Department of Financial and Professional Regulation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122151
Decision Date: 
June 14, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
McBRIDE
Holding: 
Affirmed.
Department of Financial and Professional Regulation (DFR) disciplined registered mortgage loan originator, upon learning that he had been convicted of mail fraud in 2000, by suspending his license for 120 days. Several years later, based on 2009 amendment to Mortgage License Act which stated that persons with felony convictions for crimes involving fraud are ineligible for such licensing, DFR denied his license renewal application. Section 7-3 of Act applies to conviction for single act of mail fraud and precludes DFR from ever again renewing his license. Amendment is not retroactive, as it does not concern his previous work as mortgage loan originator but his conduct subsequent to effective date of amendment, and restricts his present and future participation in mortgage loan market. (HOWSE and TAYLOR, concurring.)