New Mexico § 58-21B-15 Power of the court to grant relief

New Mexico Statutes

§ 58-21B-15 — Power of the court to grant relief

New Mexico·Ch. 58 Financial Institutions and Regulations·Art. 21B New Mexico Mortgage Loan Originator Licensing

A. Upon a showing by the director that a person has or is about to violate the New Mexico Mortgage Loan Originator Licensing Act or any rule or order of the director pursuant to that act, the district court of the first judicial district or other appropriate district court in the state may grant or impose one or more of the following appropriate legal or equitable remedies:

(1)a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;

(2)a civil penalty up to a maximum of twenty-five thousand dollars ($25,000) for each violation;

(3)disgorgement;

(4)declaratory judgment;

(5)restitution to consumers;

(6)the appointment of a receiver or conservator for the defendant or the defendant's assets;

(7)recovery by the direc

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A. Upon a showing by the director that a person has or is about to violate the New Mexico Mortgage Loan Originator Licensing Act or any rule or order of the director pursuant to that act, the district court of the first judicial district or other appropriate district court in the state may grant or impose one or more of the following appropriate legal or equitable remedies: (1) a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus; (2) a civil penalty up to a maximum of twenty-five thousand dollars ($25,000) for each violation; (3) disgorgement; (4) declaratory judgment; (5) restitution to consumers; (6) the appointment of a receiver or conservator for the defendant or the defendant's assets; (7) recovery by the director of all costs and expenses for conducting an investigation or the bringing of any enforcement action under that act; or (8) other relief as the court deems just. B. In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the director pursuant to Section 13 [58-21B-13 NMSA 1978] of the New Mexico Mortgage Loan Originator Licensing Act in connection with the transactions constituting violations of that act. C. The court shall not require the director to post bond in an action pursuant to this section.

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