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Financial Code - FIN - FIN § 50311
Financial Code - FIN - FIN § 50311
Nothing in this law shall preclude a person whose license has been suspended or revoked, summarily or otherwise, from making a residential mortgage loan pursuant to a commitment issued by that person prior to the suspension or revocation. A prospective borrower who received a com
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Financial Code - FIN - FIN § 50312
Financial Code - FIN - FIN § 50312
The commissioner, in his or her discretion, may honor requests from interested persons for interpretive opinions.
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Financial Code - FIN - FIN § 50313
Financial Code - FIN - FIN § 50313
In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
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Financial Code - FIN - FIN § 50314
Financial Code - FIN - FIN § 50314
(a) Every person subject to this division shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage lending or residential mortgage loan servicing functions performed by that person comply with the provisions of this
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Financial Code - FIN - FIN § 50315
Financial Code - FIN - FIN § 50315
(a) The commissioner may refer the evidence that is available concerning any violation of this law or of any rule or order adopted under this division to the district attorney of the county in which the violation occurred. The district attorney may, with or without the commission
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Financial Code - FIN - FIN § 50316
Financial Code - FIN - FIN § 50316
(a) For any licensee, a disciplinary action taken by the State of California, another state, any agency of the federal government, or another country for any action substantially related to the activity regulated under this law may be a ground for disciplinary action by the commi
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Financial Code - FIN - FIN § 50316.5
Financial Code - FIN - FIN § 50316.5
Notwithstanding any other law, any application for licensure, amendment to the application or registration document or notice filed under any of the laws administered by the Department of Financial Protection and Innovation, or record otherwise required to be filed in this state
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Financial Code - FIN - FIN § 50317
Financial Code - FIN - FIN § 50317
(a) Any person who has been convicted of, or pleaded nolo contendere to any crime specified in subdivision (b) within the past 10 years or has been held liable in any civil action by final judgment or any administrative judgment by any public agency within the past seven years, o
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Financial Code - FIN - FIN § 50318
Financial Code - FIN - FIN § 50318
(a) The commissioner may, after appropriate notice and opportunity for hearing, by order censure or suspend for a period not exceeding 12 months, or bar from any position of employment, management, or control any residential mortgage lender, residential mortgage loan servicer, or
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Financial Code - FIN - FIN § 50319
Financial Code - FIN - FIN § 50319
(a) If the commissioner, as a result of any examination or from any report made to him or her, shall find that any person subject to this division is in an insolvent condition, is conducting business in an unsafe or injurious manner that renders further operations hazardous to th
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Financial Code - FIN - FIN § 50320
Financial Code - FIN - FIN § 50320
Whenever, in the opinion of the commissioner, a person is engaged, either actually or through subterfuge, in the business of making residential mortgage loans, servicing residential mortgage loans, or engaging in business as a mortgage loan originator, without a license from the
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Financial Code - FIN - FIN § 50321
Financial Code - FIN - FIN § 50321
If, after investigation, the commissioner has reasonable grounds to believe that any licensee is violating or has violated its articles of incorporation or any law or rule binding upon it, the commissioner shall, by written order addressed to the licensee, direct the discontinuan
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Financial Code - FIN - FIN § 50322
Financial Code - FIN - FIN § 50322
If, after investigation, the commissioner has reasonable grounds to believe that any licensee is conducting or has conducted business in an unsafe or injurious manner, the commissioner shall, by written order addressed to the licensee, direct the discontinuance of the unsafe or i
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Financial Code - FIN - FIN § 50323
Financial Code - FIN - FIN § 50323
(a) No order issued pursuant to Section 50321 or 50322 may become final except after notice to the affected licensee of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the licensee that upon receiving a r
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Financial Code - FIN - FIN § 50324
Financial Code - FIN - FIN § 50324
(a) If, after investigation, the commissioner has reasonable grounds to believe that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this division or any rule or order hereunder, the commissioner may, bring an actio
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Financial Code - FIN - FIN § 50325
Financial Code - FIN - FIN § 50325
The commissioner may immediately revoke the residential mortgage lender’s, residential mortgage loan servicer’s, or mortgage loan originator’s license if the licensee fails to comply with any order issued under Section 50318, 50319, 50321, 50322, or 50503. The commissioner shall
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Financial Code - FIN - FIN § 50326
Financial Code - FIN - FIN § 50326
If any licensee fails to do any of the following, the licensee shall forfeit to the people of the state a sum of up to one hundred dollars ($100) for every day up to the 10th day: (a) to make any report required by law or by the commissioner within 10 days from the day designated
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Financial Code - FIN - FIN § 50327
Financial Code - FIN - FIN § 50327
(a) The commissioner may, after notice and a reasonable opportunity to be heard, deny, decline to renew, suspend, or revoke any license if the commissioner finds that: (1) The licensee has violated any provision of this division or any rule or order of the commissioner thereunder
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Financial Code - FIN - FIN § 50328
Financial Code - FIN - FIN § 50328
Except in the case of an exempt person, whenever the commissioner deems it to be necessary for the public interest, the commissioner has continuous authority to exercise the powers set forth in this division. These powers may be exercised whether or not an application for a licen
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Financial Code - FIN - FIN § 50329
Financial Code - FIN - FIN § 50329
(a) In making an investigation or examination authorized by this division, the commissioner may, for a reasonable time not exceeding 30 days, control access to any documents and records of the licensee pertaining to the business of any residential mortgage lender or residential m
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Financial Code - FIN - FIN § 50330
Financial Code - FIN - FIN § 50330
The authority to make or conduct any examination or investigation may be delegated by the commissioner to any deputy, investigator, examiner, or auditor appointed for that purpose. An individual appointed by the commissioner for this purpose may administer oaths and subpoena witn
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Financial Code - FIN - FIN § 50331
Financial Code - FIN - FIN § 50331
All hearings provided for in this division shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The commissioner has all the powers granted therein.
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Financial Code - FIN - FIN § 50332
Financial Code - FIN - FIN § 50332
Every order, decision, license, or other official act of the commissioner is subject to review, in accordance with law.
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Financial Code - FIN - FIN § 50333
Financial Code - FIN - FIN § 50333
(a) The commissioner shall apply the guidance on nontraditional mortgage product risks published on November 14, 2006, by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, and the Statement on Subprime Mortgage Lending publi
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Financial Code - FIN - FIN § 504
Financial Code - FIN - FIN § 504
The commissioner, for good cause, at any time and from time to time may employ appraisers to appraise the value of any investment, asset, or property held or upon which a lien is held as security for a loan. The bank, trust company, or foreign banking corporation shall pay to the