443.737. Violations.
Violations.
443.737. It is a violation of sections 443.701 to 443.893 for aperson or individual subject to sections 443.701 to 443.893 to:
(1) Directly or indirectly employ any scheme, device, or artifice todefraud or mislead borrowers or lenders or to defraud any person;
(2) Engage in any unfair or deceptive practice toward any person;
(3) Obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that provides insubstance that the person or individual subject to sections 443.701 to443.893 may earn a fee or commission through best efforts to obtain a loaneven though no loan is actually obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specificinterest rates, points, or other financing terms unless the terms areactually available at the time of soliciting, advertising, or contracting;
(6) Conduct any business covered by sections 443.701 to 443.893without holding a valid license and employment as required under sections443.701 to 443.893, or assist or aide and abet any person in the conduct ofbusiness under sections 443.701 to 443.893 without a valid license asrequired under sections 443.701 to 443.893;
(7) Fail to make disclosures as required by sections 443.701 to443.893 and any other applicable state or federal law;
(8) Fail to comply with sections 443.701 to 443.893 or rulespromulgated under sections 443.701 to 443.893, or fail to comply with anyother state or federal law, including the rules applicable to any businessauthorized or conducted under sections 443.701 to 443.893;
(9) Make, in any manner, any false or deceptive statement orrepresentation, including with regard to the rates, points, or otherfinancing terms or conditions for a residential mortgage loan, or engage inbait and switch advertising;
(10) Negligently make any false statement or knowingly and willfullymake any omission of material fact in connection with any information orreports filed with a governmental agency or the NMLSR or in connection withany investigation conducted by the director or another governmental agency;
(11) Make any payment, threat, or promise, directly or indirectly, toany person for the purposes of influencing the independent judgment of theperson in connection with a residential mortgage loan or make any paymentthreat or promise, directly or indirectly, to any appraiser of a propertyfor the purposes of influencing the independent judgment of the appraiserwith respect to the value of the property;
(12) Collect, charge, attempt to collect or charge, or use or proposeany agreement purporting to collect or charge any fee prohibited bysections 443.701 to 443.893;
(13) Cause or require a borrower to obtain property insurancecoverage in an amount that exceeds the replacement cost of the improvementsas established by the property insurer;
(14) Fail to truthfully account for moneys belonging to a party to aresidential mortgage loan transaction.
(L. 2009 H.B. 382)Effective 7-08-09