(a)(1) The Commissioner shall examine the business of each licensee:
(i) In accordance with a schedule established by the Commissioner; and
(ii) At any other time that the Commissioner reasonably considers necessary.
(2) The schedule established by the Commissioner under paragraph (1)(i) of this subsection shall:
(i) Take into account:
1. The length of time the licensee has been engaged in business as a mortgage lender;
2. Any prior violations by the licensee of the mortgage lending law or regulations;
3. The nature and number of any complaints made against the licensee; and
4. The result of findings from any prior examination of the licensee; and
(ii) Provide that:
1. New licensees shall be examined within 18 months after the date the license is issued; and
2. Each licensee shall be examined at least once during any 60-month period.
Persons aggrieved by conduct of licensee
(b)(1) Any person aggrieved by the conduct of a licensee under this subtitle in connection with a mortgage loan may file a written complaint with the Commissioner who shall investigate the complaint.
(2) The Commissioner may make any other investigation of any person if the Commissioner has reasonable cause to believe that the person has violated any provision of this subtitle, of any regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State.
Fees relating to examination or investigation
(c) A licensee shall pay to the Commissioner a per-day fee set by the Commissioner for each of the Commissioner's employees engaged in:
(1) An examination required under subsection (a)(1) of this section; and
(2) Any other examination or investigation conducted under this section that the Commissioner reasonably considers necessary.
Examination of books or records
(d) In connection with an examination or investigation made under this section, the Commissioner may:
(1) Examine the books and records of any licensee or of any other person who the Commissioner believes has violated any provision of this subtitle, or any rule or regulation adopted under this subtitle, or of any other law regulating mortgage loan lending in the State;
(2) Subpoena documents or other evidence; and
(3) Summon and examine under oath any person whose testimony the Commissioner requires.
Failure to comply with subpoena
(e)(1) If any person fails to comply with a subpoena or summons of the Commissioner under this subtitle or to testify concerning any matter about which the person may be interrogated under this subtitle, the Commissioner may file a petition for enforcement with the circuit court for any county.
(2) On petition by the Commissioner, the court may order the person to attend and testify or produce evidence.
Credits
Added by Acts 1989, c. 476, § 3, eff. July 1, 1989. Amended by Acts 1996, c. 194, § 1, eff. Oct. 1, 1996; Acts 2000, c. 691, § 1, eff. Oct. 1, 2000; Acts 2008, c. 7, § 2, eff. June 1, 2008; Acts 2008, c. 8, § 2, eff. June 1, 2008; Acts 2019, c. 92, § 1, eff. Oct. 1, 2019.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
