§ 957 — Enforcement; penalties

§ 957. Enforcement; penalties. 1. The attorney general may enforce the\nprovisions of section nine hundred fifty-three, subdivision one of\nsection nine hundred fifty-five, or subdivision two of section nine\nhundred fifty-six of this title by exercising the powers granted to him\nor her by subdivision twelve of section sixty-three of the executive\nlaw.\n 2. Whenever the court shall determine that a defendant has engaged in\nrepeated fraudulent or illegal acts, as defined in subdivision twelve of\nsection sixty-three of the executive law, in violation of section nine\nhundred fifty-three, subdivision one of section nine hundred fifty-five\nor subdivision two of section nine hundred fifty-six of this title, the\ncourt may impose a civil penalty of not more than one thousand dollars\nfor each violation of subdivision one, two or four of section nine\nhundred fifty-three, subdivision one of section nine hundred fifty-five\nor subdivision two of section nine hundred fifty-six of this title and\nnot more than two hundred fifty dollars for each violation of\nsubdivision three, five, six, seven, eight or nine of section nine\nhundred fifty-three of this title, unless the defendant shows by a\npreponderance of the evidence that the violation resulted from a bona\nfide error made notwithstanding the maintenance of procedures reasonably\nadopted to avoid any such error.\n 3. In connection with any such proposed application, the attorney\ngeneral is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n 4. Nothing in this section shall preclude a mortgagor from obtaining\nany relief or remedy at law or in equity to which such mortgagor may be\nentitled, including those remedies and relief provided for in\nsubdivision one of section nine hundred fifty-six of this title.\n