Chapter 7Prohibited Practices and Penalties
Section § 50500
If a person intentionally breaks any rules or orders in this division, they can be fined up to $10,000, face up to one year in county jail, or both. Jail time only applies if they knew about the rule or order. Also, being convicted under this section doesn't stop other actions by the commissioner mentioned in Section 50320.
Section § 50501
If someone breaks a rule within this division, they can be fined up to $2,500 for each offense. This fine is issued in a civil lawsuit by a state official, called the commissioner, on behalf of the people of California.
Furthermore, this financial penalty isn't the only option. Other legal actions can also be used to enforce the rules, and they can be pursued together if necessary.
Section § 50501.5
This law section describes the process used by the commissioner when someone violates certain finance-related rules. If a licensee or person is found violating these rules, they get a written citation outlining what they did wrong. They might also be ordered to fix the problem and pay a fine of up to $2,500. This fine takes into account factors like how serious the violation is and the person's history of similar issues.
If there's no challenge to the citation within 30 days, it becomes final. However, if the violations are repeated or continuous, the commissioner can issue stronger orders to stop specific business activities. If the person wants to contest the citation, they can request a hearing. If they lose, the commissioner can ask the court to enforce the fine and compliance.
Section § 50502
This law says it's illegal to lie or leave out important facts in documents you file with the commissioner related to this division's rules. You need to be truthful and include all necessary information in these documents.
Section § 50503
This law makes it illegal for certain individuals and employees, like directors or shareholders with more than 10% ownership, to improperly handle trust funds or be involved in theft or fraud related to those funds. They cannot make false statements or leave out important details related to loans or loan servicing. Anyone in such a position who takes or misuses money or assets from loan services is violating this law. If convicted of such violations, they must repay the stolen amount in addition to facing other penalties.
Section § 50504
When a lender, like a bank or other financial institution, willfully charges more than they are allowed by law for a loan, they can face consequences. If there's an overcharge, the lender might be ordered to refund not just the extra amount, but also the original charge, both with 10% interest per year from the day you were overcharged.
This also applies if the lender charges more interest than they're legally allowed on the main amount of the loan. In this case, they might be required to refund the extra interest, with the same 10% yearly interest.
Section § 50505
If someone breaks any rules in certain federal financial laws, they are also breaking this state financial law. This includes laws about real estate settlements, truth in lending, home ownership equity protection, and any related regulations.
Section § 50506
This law targets people in key roles such as directors or employees of a licensed company and its affiliates. It says they break the law if they knowingly take or use the company's property without a legitimate reason or with the intent to trick or deceive someone. They also violate this law if they fail to properly record transactions in the company's books, or if they help in hiding or not recording important information in the company's records.
Section § 50507
Section § 50508
This law states that it's illegal for a director, officer, partner, trustee, or employee of a licensed company, its holding company, or affiliates to make false entries or intentionally omit information in the company’s records with the intent to deceive anyone examining the company, including employees, agents, public officers, or examiners. It also covers making documents unavailable for the same deceptive purposes. Violating this can lead to penalties under this division.
Section § 50509
If someone in a leadership position or an employee at a company handles the company's money, funds, or property improperly or inappropriately, they break this law. If they are found guilty of a crime because of it, the court will require them to pay back the full amount to the company. This law does not change any existing legal punishments for such offenses.
Section § 50510
This section clarifies that you can't be criminally charged for breaking a civil law that's part of this division. If you've already paid a civil penalty or fine for a specific act under certain business or real estate laws, you don't have to pay again under this law for the same issue.
Section § 50511
This law allows a commissioner to suspend someone or ban them from working with a licensed company for up to a year if they pretend to have special skills or qualifications they don't actually have. This decision hinges on whether the person used misleading titles or certifications to deceive the public about what they can offer.
Section § 50512
This law makes it illegal for anyone to knowingly alter, destroy, or falsify documents or records to interfere with the enforcement of financial regulations. It also prohibits making false statements to the commissioner during any licensing, investigation, or examination processes with the same intent to obstruct or mislead.
Section § 50513
This law allows the commissioner to take several actions regarding mortgage loan originator licenses. They can deny, suspend, revoke, or not renew a license if there are violations of certain regulations or if the applicant provides false information. The commissioner can also order restitution, impose fines, or issue directives to halt business activities if there are violations. Each violation can result in a penalty of up to $25,000, with each individual violation being treated as separate.
If the commissioner finds that a mortgage loan originator or their employer violated rules, fines may be levied, and immediate orders to stop harmful activities can be issued. Civil penalties require a hearing, and the commissioner can enforce other actions deemed necessary to ensure compliance.