(a) Subject to the hearing provisions of § 11-616 of this subtitle, and except as provided in subsection (f) of this section, the Commissioner may suspend or revoke the license of any licensee if the licensee:
(1) Makes any material misstatement in an application for a license;
(2) Is convicted under the laws of the United States or of any state of a felony or a misdemeanor that is directly related to the fitness and qualification of the individual to act as a mortgage loan originator;
(3) In connection with any mortgage loan or loan application transaction:
(i) Commits any fraud;
(ii) Engages in any illegal or dishonest activities; or
(iii) Misrepresents or fails to disclose any material facts to a person entitled to that information;
(4) Violates any provision of this subtitle, any regulation adopted under this subtitle, or any other law regulating mortgage lending or mortgage origination in the State; or
(5) Otherwise demonstrates unworthiness, bad faith, dishonesty, or any other quality that indicates that the business of the licensee has not been or will not be conducted honestly.
Factors considered in making determination
(b) In determining whether a license shall be suspended or revoked for a reason described in subsection (a)(2) of this section, the Commissioner shall consider:
(1) The nature of the crime;
(2) The relationship of the crime to the activities authorized by the license;
(3) With respect to a felony, the relevance of the conviction to the fitness and qualification of the licensee to engage in the mortgage lending or mortgage origination business;
(4) The length of time since the conviction; and
(5) The behavior and activities of the licensee since the conviction.
Enforcement by Commissioner
(c)(1) The Commissioner may enforce the provisions of this subtitle, regulations adopted under this subtitle, and the applicable provisions of Title 12 of the Commercial Law Article by:
(i) Issuing an order:
1. To cease and desist from the violation and any further similar violations; and
2. Requiring the violator to take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation; and
(ii) Imposing a civil penalty not exceeding $10,000 for each violation.
(2) If a violator fails to comply with an order issued under paragraph (1)(i) of this subsection, the Commissioner may impose a civil penalty not exceeding $25,000 for each violation from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct.
Petition seeking enforcement of order
(d) The Commissioner may file a petition in the circuit court for a county seeking enforcement of an order issued under this section.
(e) In determining the amount of a civil penalty imposed under subsection (c) of this section, the Commissioner shall consider:
(1) The seriousness of the violation;
(2) The good faith of the violator;
(3) The violator's history of previous violations;
(4) The deleterious effect of the violation on the public and mortgage industry;
(5) The assets of the violator; and
(6) Any other factors relevant to the determination of the civil penalty.
Revocation of license
(f) The Commissioner shall revoke the license of the licensee if the Commissioner determines that a licensee, while licensed, has:
(1) Been convicted of a felony; or
(2) Had a mortgage loan originator license revoked in any governmental jurisdiction.
Added by Acts 2005, c. 590, § 1, eff. Oct. 1, 2005. Amended by Acts 2008, c. 7, § 2, eff. June 1, 2008; Acts 2008, c. 8, § 2, eff. June 1, 2008; Acts 2009, c. 4, § 1, eff. July 1, 2009; Acts 2018, c. 731, § 1, eff. Oct. 1, 2018; Acts. 2018, c. 732, § 3, eff. Oct. 1, 2018.