6. It is a violation of this article for a
person or individual subject to this article to:
(a)directly or indirectly employ any scheme, device, or artifice to
defraud or mislead borrowers or lenders or to defraud any person;
(b)engage in any unfair or deceptive practice toward any person;
(c)obtain property by fraud or misrepresentation;
(d)solicit or enter into a contract with a borrower that provides in
substance that the person or individual subject to this article may
earn a fee or commission through "best efforts" to obtain a loan
even though no loan is actually obtained for the borrower;
(e)solicit, advertise, or enter into a contract for specific interest
rates, points, or other financing terms unless the terms are actually
available at the time of soliciting, advertising, or
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6. It is a violation of this article for a
person or individual subject to this article to:
(a) directly or indirectly employ any scheme, device, or artifice to
defraud or mislead borrowers or lenders or to defraud any person;
(b) engage in any unfair or deceptive practice toward any person;
(c) obtain property by fraud or misrepresentation;
(d) solicit or enter into a contract with a borrower that provides in
substance that the person or individual subject to this article may
earn a fee or commission through "best efforts" to obtain a loan
even though no loan is actually obtained for the borrower;
(e) solicit, advertise, or enter into a contract for specific interest
rates, points, or other financing terms unless the terms are actually
available at the time of soliciting, advertising, or contracting;
(f) conduct any business covered by this article without holding
a valid license as required under this article, or assist or aid and
abet any person in the conduct of business under this article
without a valid license as required under this article;
(g) fail to make disclosures as required by this article or
regulation adopted under this article and any other applicable
state or federal law regulation;
(h) fail to comply with this article or rules adopted under this
article, or fail to comply with any other state or federal law, rule,
or regulation, applicable to any business authorized or conducted
under this article;
(i) make, in any manner, any false or deceptive statement or
representation, with regard to the rates, points, or other financing
terms or conditions for a mortgage transaction, or engage in bait
and switch advertising;
(j) negligently make any false statement or knowingly and
willfully make any omission of material fact in connection with
any information or reports filed with a governmental agency or
the NMLSR or in connection with any investigation conducted by
the director or another governmental agency;
(k) make any payment, threat, or promise, directly or indirectly,
to any person for the purposes of influencing the independent
judgment of the person in connection with a mortgage transaction,
or make any payment, threat, or promise, directly or indirectly, to
any appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the value
of the property;
(l) collect, charge, attempt to collect or charge, or use or propose
any agreement purporting to collect or charge any fee prohibited
by this article;
(m) cause or require a borrower to obtain property insurance
coverage in an amount that exceeds the replacement cost of the
improvements as established by the property insurer;
(n) fail to account truthfully for money belonging to a party to a
mortgage transaction; or
(o) knowingly withhold, abstract, remove, mutilate, destroy, or
secrete any books, records, computer records, or other
information subject to examination under this article.