6-947

6-947. Prohibited acts

A. Except for employment verifications and deposit or account verifications, a
person in connection with or incidental to the making of any mortgage banking loan or
mortgage loan shall not induce, require or permit any document to be signed by a party to
the transaction if the document contains any blank spaces to be filled in after it has
been signed, except that the party may specifically authorize the licensee or the escrow
agent handling the transaction, in writing, to complete blank spaces in certain
documents.

B. A person is not entitled to receive compensation in connection with arranging
for or negotiating a mortgage banking loan or mortgage loan if the person is not licensed
pursuant to this article. A mortgage banker shall not pay compensation to, contract with
or employ as an independent contractor a person who is acting as a mortgage broker or
mortgage banker but who is not licensed under this chapter.

C. A mortgage banker may not commingle monies of borrowers or monies held for the
benefit of borrowers with monies of the mortgage banker.

D. A person engaged in the mortgage banking business shall not knowingly advertise,
display, distribute, broadcast or televise, or cause or permit to be advertised,
displayed, distributed, broadcast or televised, in any manner whatever, any false,
misleading or deceptive statement or representation with regard to the rates, terms or
conditions for a mortgage banking loan or mortgage loan. The charges or rates of charge,
if stated, shall be set forth in a clear and concise manner.

E. A mortgage banker shall not request or require a person seeking a mortgage
banking loan or mortgage loan, on real property designed principally for the occupancy of
from one to four families, in an amount of two hundred thousand dollars or less to enter
into an agreement which prohibits the person from seeking the loan from another source.

F. A mortgage banker shall not, except in good faith, delay or cause delay in the
closing of a loan that results in increased costs to a borrower.

G. A mortgage banker shall not record or cause to be recorded any document which
would give rise to liability under section 33-420.

H. A person who is employed by a licensee to act in the capacity of a mortgage
banker shall not be concurrently employed by any other licensee to act in the capacity of
a mortgage banker, except with the prior written approval of all such concurrently
employing licensees.

I. A mortgage banker shall not collect compensation for rendering services as a
real estate broker or real estate salesman unless both of the following apply:

1. The mortgage banker is licensed pursuant to title 32, chapter 20.

2. The mortgage banker has disclosed to the person from whom the compensation is
collected that the mortgage banker is receiving compensation both for mortgage banker
services, if applicable, and for real estate broker or real estate salesman services.

J. A licensee shall not accept any assignment of the borrower's wages or salary in
connection with activities governed by this article.

K. A mortgage banker shall not, for compensation, either directly or indirectly
make or negotiate or offer to make or negotiate a loan of money in an amount of ten
thousand dollars or less that is not secured by a mortgage or deed of trust or other lien
interest in real property.

L. A mortgage banker shall not make a false promise or misrepresentation or conceal
an essential or material fact in the course of the mortgage banker business.

M. A mortgage banker shall not fail to truthfully account for the monies belonging
to a party to a mortgage loan or mortgage banking loan transaction or fail to disburse
monies in accordance with his agreements.

N. A mortgage banker shall not record a mortgage or deed of trust if monies are
not available for the immediate disbursal to the mortgagor unless, before that recording,
the mortgage banker informs the mortgagor in writing of a definite date by which payment
shall be made and obtains the mortgagor's written permission for the delay.

O. A mortgage banker shall not require a person seeking a loan secured by real
property to obtain property insurance coverage in an amount that exceeds the replacement
cost of the improvements as established by the property insurer.

P. A mortgage banker must reasonably supervise the activities of a loan originator
who is licensed pursuant to article 4 of this chapter and who is employed by the mortgage
banker.