339.543. Mortgage fraud, commission may file court action--civil penalty--investigation authority.
Mortgage fraud, commission may file court action--civilpenalty--investigation authority.
339.543. 1. If the commission believes that an appraiser has engagedin, is engaging in, or has willfully taken a substantial step towardengaging in an act, practice, omission, or course of business constitutingmortgage fraud, as defined in section 443.930, RSMo, or that a person hasmaterially aided or is materially aiding any such act, practice, omission,or course of business, the commission may maintain an action in the circuitcourt of any county of the state or any city not within a county to enjointhe person. Upon a proper showing, the court may issue a permanent ortemporary 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 in 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)