339.175. Mortgage fraud, commission may file court action--civil penalty--investigation authority.
Mortgage fraud, commission may file court action--civilpenalty--investigation authority.
339.175. 1. If the commission believes that a real estate broker orreal estate sales person has engaged in, is engaging in, or has willfullytaken a substantial step toward engaging in an act, practice, omission, orcourse of business constituting mortgage fraud, as defined in section443.930, RSMo, or that a person has materially aided or is materiallyaiding any such act, practice, omission, course of business, the commissionmay maintain an action in the circuit court of any county of the state orany city not within a county to enjoin the person. Upon a proper showing,the court may issue a permanent or temporary injunction, restraining order,or declaratory judgment.
2. The court may impose a civil penalty against the person not toexceed two thousand five hundred dollars for each violation and may grantany other relief the court determines is just and proper under thecircumstances including, but not limited to, a temporary suspension of anylicense issued by the commission.
3. The commission may initiate an investigation and take all measuresnecessary to find the facts of any potential violation of this section,including issuing subpoenas to compel the attendance and testimony ofwitnesses and the production of documents and other evidence. Thecommission may conduct joint investigations, enter into confidentialityagreements and share information obtained relating to an investigationunder this section with other governmental agencies.
4. The enforcement authority of the commission under this section iscumulative to any other statutory authority of the commission.
(L. 2008 H.B. 2188)