§ 4995.3. — 4995.3. (Added by Stats. 2009, Ch. 629, Sec. 4.)

California § 4995.3.

• Jurisdiction: California
• Code FIN: Financial Code - FIN
• Div. 1.10.: DIVISION 1.10. HIGHER-PRICED MORTGAGE LOANS

Text

(a)
Any licensed person who violates any provision of this division shall be deemed to have violated that person’s licensing law.
(b)
The licensing agency may, by order and after appropriate administrative hearing, prohibit licensees under this division from engaging in acts or practices in connection with higher-priced mortgage loans that the licensing agency finds to be unfair, deceptive, or designed
to evade laws of this state.
(c)
A violation of Section 2923.1 of the Civil Code in connection with a higher-priced mortgage loan is a violation of this division.
(d)
A violation of the provisions of Part 226 of Title 12 of the Code of Federal Regulations, relating to prepayment penalties in connection with higher-priced mortgage loans, is a violation of this division.
(e)
The provisions of this division may be enforced only by the Attorney General or the licensed person’s licensing agency. Any licensed person who willfully and knowingly violates any provision of this division shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(f)
A prepayment penalty or yield spread premium provision of a higher-priced mortgage loan that violates this division shall be unenforceable.

Legislative History

Added by Stats. 2009, Ch. 629, Sec. 4. (AB 260) Effective January 1, 2010.