Section § 22150

Explanation

This law allows the commissioner to create rules and regulations, as well as make specific decisions and findings, to help enforce the policies outlined in this division of the law. These actions must align with the overall goals of the division.

The commissioner may make general rules and regulations and specific rulings, demands, and findings for the enforcement of this division, in addition to, and within the general purposes of, this division.

Section § 22151

Explanation

This section states that licenses for finance lenders, brokers, program administrators, and mortgage loan originators must be displayed prominently at their business locations.

Licenses can't be transferred or assigned to others. For partnerships, changes in partners don't affect the license unless the partnership itself ends.

This law came into effect on January 1, 2019.

(a)CA Financial Code § 22151(a) A finance lender license, broker license, program administrator license, and the license of every mortgage loan originator employed by a lender or finance broker, along with any currently effective order of the commissioner approving a different name pursuant to Section 22155, shall be conspicuously posted in the place of business authorized by the license.
(b)CA Financial Code § 22151(b) A license is not transferable or assignable. A license issued to a partnership or a limited partnership is not transferred or assigned within the meaning of this section by the death, withdrawal, or admission of a partner, general partner, or limited partner, unless the death, withdrawal, or admission dissolves the partnership to which the license was issued.
(c)CA Financial Code § 22151(c) This section shall become operative on January 1, 2019.

Section § 22152

Explanation

This law states that a finance lender, broker, or program administrator can maintain only one place of business for every license they have. However, if they meet the necessary requirements, the commissioner can grant more than one license to the same business. This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22152(a) A finance lender, broker, or program administrator licensee shall maintain only one place of business under a duplicate or original license issued pursuant to Section 22101 or 22102. The commissioner may issue more than one license to the same licensee upon compliance with all the provisions of this division governing an original issuance of a license.
(b)CA Financial Code § 22152(b) This section shall become operative on January 1, 2019.

Section § 22153

Explanation

If a finance lender, broker, or program manager wants to change their business address from what's listed on their license, they must notify the commissioner at least 10 days before the move. If the commissioner doesn't reject the new address within 10 days, it's automatically approved. This notification might need to be done through the Nationwide Mortgage Licensing System.

If the licensee doesn’t provide this notice at least 10 days in advance or starts operating at a new address without notice, they might face a fine of up to $500.

This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22153(a) If a finance lender, broker, or program administrator licensee seeks to change its place of business to a street address other than that designated in its license, the licensee shall provide notice to the commissioner at least 10 days before the change. The commissioner shall notify the licensee within 10 days if the commissioner disapproves the change, and if the commissioner does not notify the licensee of disapproval within 10 days, the change in address shall be deemed approved. The commissioner may require an applicant to submit its application to change its place of business through the Nationwide Mortgage Licensing System and Registry.
(b)CA Financial Code § 22153(b) If notice is not given at least 10 days before the change of a street address of a place of business, as required by subdivision (a), or notice is not given at least 10 days before engaging in business at a new location, as required by Section 22102, the commissioner may assess a civil or administrative penalty on the licensee not to exceed five hundred dollars ($500).
(c)CA Financial Code § 22153(c) This section shall become operative on January 1, 2019.

Section § 22154

Explanation

This law says that if you hold a license to give loans or manage a PACE program in California, you can't run this business in an office where other types of business are happening unless you get special written permission from the commissioner. This permission lasts until it's revoked. For businesses affiliated with supervised financial institutions, they don't need special permission if they follow certain rules: their activities must be legal and they cannot force customers to buy additional products or services.

'Affiliated' means the company is under the same control as the licensee, and 'supervised financial institution' includes banks, credit unions, and similar organizations that are regulated by state or federal agencies.

(a)CA Financial Code § 22154(a) Subject to Section 22157.1, a licensee shall not conduct the business of making loans or administering a PACE program under this division within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, except as is authorized in writing by the commissioner upon the commissioner’s finding that the character of the other business is such that the granting of the authority would not facilitate evasions of this division or of the rules and regulations made pursuant to this division. An authorization, once granted, remains in effect until revoked by the commissioner. The commissioner may authorize the other business through the Nationwide Mortgage Licensing System and Registry.
(b)CA Financial Code § 22154(b) The products or services of an affiliated corporation of the licensee that is a supervised financial institution, or a parent or subsidiary of a supervised financial institution that is an affiliate of the licensee, may be provided, offered, or sold at the licensed location of the licensee without authorization by the commissioner pursuant to subdivision (a) if both of the following are met:
(1)CA Financial Code § 22154(b)(1) The activity is not prohibited by, or in violation of, the laws applicable to the affiliate or supervised financial institution.
(2)CA Financial Code § 22154(b)(2) The products and services are not offered and sold in a manner that restricts the ability of the borrower or customer to individually select or reject a product or service that is offered.
(c)CA Financial Code § 22154(c) The following definitions govern the construction of this section:
(1)CA Financial Code § 22154(c)(1) “Affiliated” or “affiliate” means the following: A corporation is an affiliate of, or a corporation is affiliated with, another specified corporation if it directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the other specified corporation.
(2)CA Financial Code § 22154(c)(2) “Supervised financial institution” means any commercial bank, industrial bank, credit card bank, trust company, savings and loan association, savings bank, credit union, California finance lender, residential mortgage lender or servicer, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States.

Section § 22155

Explanation

This law states that finance lenders, brokers, mortgage loan originators, or program administrators cannot do business or make loans under a different name or at a different location than what's listed on their license, unless they have written approval from the commissioner. This approval, when effective, amends the original license. However, there are exceptions: if a borrower asks for a loan to be made somewhere else, or if loans or contracts are offered online, business can be conducted outside of the licensed location.

Subject to Section 22157.1, a finance lender, broker, mortgage loan originator, or program administrator licensee shall not transact the business licensed or make any loan or administer any PACE program provided for by this division under any other name or at any other place of business than that named in the license except pursuant to a currently effective written order of the commissioner authorizing the other name or other place of business. The commissioner’s order, while effective, shall be deemed to amend the original license issued pursuant to Section 22105 or 22109.1. Notwithstanding any provision of this section, a finance lender, program administrator, broker, or mortgage loan originator licensee may make any loan and engage in any other business provided for by this division, other than the business described in subdivision (b) of Section 22154, at a place other than the licensed location under either of the following conditions:
(a)CA Financial Code § 22155(a) The borrower requests, either orally or in writing, that a loan be initiated or made at a location other than the licensee’s licensed location. The use by the licensee of a preprinted solicitation form returned to the licensee by the borrower shall not constitute a request by the borrower that a loan be initiated or made at a location other than the licensee’s licensed location.
(b)CA Financial Code § 22155(b) The licensee makes a solicitation or advertises for, or makes an offer of, a loan or assessment contract displayed on “home pages” or similar methods by the licensee on the internet, the World Wide Web, or similar proprietary or common carrier electronic systems, and the prospective borrower or property owner may transmit information over these electronic systems to the licensee in connection with the licensee’s offer to make a loan or assessment contract.

Section § 22156

Explanation

This law requires finance lenders, brokers, program administrators, and mortgage loan originators to keep detailed business records that allow the commissioner to verify compliance with the finance regulations. If a loan secured by real estate involves the use of an independent escrow holder, the licensee must keep specific records as outlined by the commissioner's rules. They must also provide access to financial records if requested by the commissioner. This requirement began on January 1, 2019.

(a)CA Financial Code § 22156(a) Finance lender, broker, program administrator, and mortgage loan originator licensees shall keep and use in their business, books, accounts, and records which will enable the commissioner to determine if the licensee is complying with the provisions of this division and with the rules and regulations made by the commissioner. On any loan secured by real property in which loan proceeds were disbursed to an independent escrowholder, the licensee shall retain records and documents as set forth by rules of the commissioner adopted pursuant to Section 22150. Upon request of the commissioner, licensees shall file an authorization for disclosure to the commissioner of financial records of the licensed business pursuant to Section 7473 of the Government Code.
(b)CA Financial Code § 22156(b) This section shall become operative on January 1, 2019.

Section § 22157

Explanation

This law requires finance lenders, brokers, mortgage loan originators, and program administrators to keep their books, accounts, and records for at least three years. Finance entities must preserve documents for three years after making the last entry on any loan. Program administrators related to PACE assessments need to maintain records for three years after a PACE assessment has ended. These rules have been effective since January 1, 2019.

(a)CA Financial Code § 22157(a) Finance lender, broker, and mortgage loan originator licensees shall preserve their books, accounts, and records, if any, for at least three years after making the final entry on any loan recorded therein.
(b)CA Financial Code § 22157(b) Except as otherwise specified by applicable law, including paragraph (3) of subdivision (b) of Section 5913 of the Streets and Highways Code, program administrator licensees shall preserve their books, accounts, and records for at least three years after the extinguishment of a PACE assessment is recorded therein.
(c)CA Financial Code § 22157(c) This section shall become operative on January 1, 2019.

Section § 22157.1

Explanation

This law section outlines the conditions under which a licensed business can allow its employees to work from home or other remote locations. It specifies that no in-person customer interactions or handling of cash or loan proceeds should happen at these locations, and they should not be advertised as business premises. It mandates that business and customer records should only be stored on encrypted devices, and no business-related mail should be received at remote sites. Employers must provide employees with secure technology for work, like encrypted devices and VPNs, and they need to have policies for managing and securing work done remotely. These policies must include employee data security training, maintaining security logs, monitoring suspicious activity, and having a data breach response plan. Employers should also record customer phone calls if they normally do so at licensed locations, unless it’s not part of usual business practice. Finally, the law requires that any records or individuals subject to regulatory inspection are available at official business locations.

(a)CA Financial Code § 22157.1(a) For purposes of this section:
(1)CA Financial Code § 22157.1(a)(1) “Encrypted” has the same meaning as provided in paragraph (4) of subdivision (i) of Section 1798.82 of the Civil Code.
(2)CA Financial Code § 22157.1(a)(2) “Remote location” means a personal residence or a temporary, nonpublic location not owned or leased by the licensee or an affiliate of the licensee that is not simultaneously accessible by anyone other than a single employee and individuals who maintain a common household with the employee.
(b)CA Financial Code § 22157.1(b) A licensee may designate an employee, when acting within the scope of employment, to perform work on the licensee’s behalf at a remote location if the licensee does all of the following:
(1)CA Financial Code § 22157.1(b)(1) Prohibits in-person consumer interactions, including the physical receipt of cash or other monetary value or the disbursement of loan proceeds, at a remote location and does not designate a remote location to the public as a business location.
(2)CA Financial Code § 22157.1(b)(2) Prohibits records required pursuant to Section 22156 from being physically mailed to, shipped to, or stored at a remote location except for storage on an encrypted device or encrypted media.
(3)CA Financial Code § 22157.1(b)(3) Prohibits the physical receipt of mail related to the licensee’s licensed business at a remote location.
(4)CA Financial Code § 22157.1(b)(4) Prohibits a consumer’s personal information from being physically stored at a remote location except for storage on an encrypted device or encrypted media.
(5)CA Financial Code § 22157.1(b)(5) Provides an employee working at a remote location with appropriate equipment, which may include encrypted devices, virtual private networks, and similar technology, to perform work and safeguard licensee records and consumer personal information.
(6)CA Financial Code § 22157.1(b)(6) Adopts and adheres to appropriate, as determined by the department, written policies and procedures to supervise and maintain appropriate control over the work of employees at remote locations and safeguard the licensee’s records and consumer personal information in connection with work at a remote location, including, but not limited to, all of the following elements:
(A)CA Financial Code § 22157.1(b)(6)(A) Employee data security training.
(B)CA Financial Code § 22157.1(b)(6)(B) Maintenance of security logs of remote logins.
(C)CA Financial Code § 22157.1(b)(6)(C) Procedures designed to detect suspicious logins or attempted logins and to suspend access by potentially compromised accounts or equipment.
(D)CA Financial Code § 22157.1(b)(6)(D) Data breach response procedures.
(7)Copy CA Financial Code § 22157.1(b)(7)
(A)Copy CA Financial Code § 22157.1(b)(7)(A) Records telephone calls with consumers conducted from a remote location to the same extent as telephone calls with consumers conducted from licensed locations.
(B)CA Financial Code § 22157.1(b)(7)(A)(B) This paragraph does not require telephone call recording if the licensee does not do so in the normal course of business for the employee or business in question.
(8)CA Financial Code § 22157.1(b)(8) All books, records, and persons that the commissioner is entitled to examine, inspect, or interview shall be made available to the commissioner at a licensed location.

Section § 22158

Explanation

This law section says that it's not necessary to keep original records as long as you can provide any requested information to the commissioner within 48 hours. This time frame does not include weekends and holidays.

Nothing contained in Sections 22156 and 22157 shall require the maintenance or preservation of original records, provided that any information requested by the commissioner can be furnished within 48 hours, excluding Saturdays, Sundays, and holidays as defined in Sections 6700 and 6701 of the Government Code.

Section § 22159

Explanation

Finance lenders, brokers, and program administrators in California must submit an annual report to the commissioner by March 15th detailing their operations from the previous year. This report will be available for public inspection, but sole proprietors and small private companies can request to keep their balance sheets private. These reports must be sworn statements and follow the commissioner's format.

The commissioner can also request additional special reports from licensees. If a licensee employs mortgage loan originators, they must provide certain reports to the Nationwide Mortgage Licensing System and Registry. Similarly, mortgage loan originators themselves might be required to submit reports directly. This statute became operative on January 1, 2019.

(a)CA Financial Code § 22159(a) Each finance lender, broker, and program administrator licensee shall file an annual report with the commissioner, on or before March 15th, giving the relevant information that the commissioner reasonably requires concerning the business and operations conducted by the licensee or authorized by the program administrator licensee within the state during the preceding calendar year for each licensed place of business. The individual annual reports filed pursuant to this section shall be made available to the public for inspection except, upon request in the annual report to the commissioner, the balance sheet contained in the annual report of a sole proprietor or any other nonpublicly traded person. “Nonpublicly traded person” for purposes of this section means persons with securities owned by 35 or fewer individuals. The report shall be made under oath and in the form prescribed by the commissioner.
(b)CA Financial Code § 22159(b) A licensee shall make other special reports that may be required by the commissioner.
(c)CA Financial Code § 22159(c) The commissioner may require a licensee that employs one or more mortgage loan originators to submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in the form and shall contain the information as the Nationwide Mortgage Licensing System and Registry may require.
(d)CA Financial Code § 22159(d) The commissioner may by rule or order require a mortgage loan originator to submit reports of condition to the Nationwide Mortgage Licensing System and Registry, in lieu of the reports of condition required of his or her employer pursuant to subdivision (c).
(e)CA Financial Code § 22159(e) This section shall become operative on January 1, 2019.

Section § 22159.5

Explanation

This law allows the commissioner to require licensed mortgage loan servicers to provide reports about their servicing activities. The commissioner can also accept information from servicers who aren't under their jurisdiction. The collected data will be published in a summary format online, showing how many servicers contributed data and the share of outstanding loans they manage. The law doesn't affect the commissioner's other reporting powers. Mortgage loan servicing is defined as handling multiple installment payments on a loan and related services.

(a)CA Financial Code § 22159.5(a) The commissioner may, as the commissioner deems necessary, require licensees to provide reports concerning their residential mortgage loan servicing activities, including, but not limited to, information similar to that collected in connection with the Mortgage Servicers Survey, first published by the Department of Financial Protection and Innovation in December 2007. The commissioner is additionally authorized to seek and accept information provided on a voluntary basis by residential mortgage loan servicers not subject to the commissioner’s jurisdiction. The commissioner shall post only aggregated survey results on the department’s internet website, and shall note the number of loan servicers submitting data included in the aggregated totals and the estimated percentage of outstanding mortgage loans to Californians that are serviced by these loan servicers, to the extent information on the number of outstanding loans is available from a reliable source. Nothing in this section is intended to reduce or change the commissioner’s authority to request and demand reports under Sections 22150 and 22159.
(b)CA Financial Code § 22159.5(b) For purposes of this section, “mortgage loan servicing activity” means receiving more than three installment payments of principal, interest, or other amounts placed in escrow, pursuant to the terms of a mortgage loan, and performing services relating to that receipt or the enforcement of its receipt, on behalf of the holder of the note evidencing that loan.

Section § 22160

Explanation

This law requires the commissioner to compile a summary of all the annual reports and any relevant comments they consider important for the public. They must then file this summary with the Department of Financial Protection and Innovation each year, and it becomes a public record.

The commissioner shall make and file annually with the Department of Financial Protection and Innovation as a public record a composite of the annual reports and any comments on the reports that the commissioner deems to be in the public interest.

Section § 22161

Explanation

This law prohibits certain deceptive and fraudulent actions by individuals dealing with loans and assessment contracts. It bans making false or misleading statements to borrowers or property owners about loan or contract terms. It also forbids false advertising and omits essential details about loans and contracts. The law requires compliance with other specific sections of the Civil and Business and Professions Codes, prohibits deception in transactions, and bans acts of fraud or dishonest practices. These rules took effect on January 1, 2019.

(a)CA Financial Code § 22161(a) A person subject to this division shall not do any of the following:
(1)CA Financial Code § 22161(a)(1) Make a materially false or misleading statement or representation to a borrower about the terms or conditions of that borrower’s loan, when making or brokering the loan.
(2)CA Financial Code § 22161(a)(2) Make a materially false or misleading statement or representation to a property owner about the terms or conditions of an assessment contract.
(3)CA Financial Code § 22161(a)(3) Advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner, any statement or representation with regard to the business subject to the provisions of this division, including the rates, terms, or conditions for making or negotiating loans, or for making or negotiating assessment contracts, that is false, misleading, or deceptive, or that omits material information that is necessary to make the statements not false, misleading, or deceptive, or in the case of a licensee, that refers to the supervision of the business by the state or any department or official of the state.
(4)CA Financial Code § 22161(a)(4) Commit an act in violation of Section 1695.13 of the Civil Code.
(5)CA Financial Code § 22161(a)(5) Engage in any act in violation of Section 17200 of the Business and Professions Code.
(6)CA Financial Code § 22161(a)(6) Knowingly misrepresent, circumvent, or conceal, through subterfuge or device, any material aspect or information regarding a transaction to which the person is a party.
(7)CA Financial Code § 22161(a)(7) Commit an act that constitutes fraud or dishonest dealings.
(b)CA Financial Code § 22161(b) This section shall become operative on January 1, 2019.

Section § 22162

Explanation

If you're a finance lender, broker, or mortgage loan originator in California, you need to disclose the license number under which a loan is made or arranged when you advertise. This applies to both print and audio advertisements.

Similarly, if you're an administrator for an assessment contract, you must disclose the license in your advertisements too. This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22162(a) A finance lender, broker, or mortgage loan originator licensee shall not place an advertisement disseminated primarily in this state for a loan unless the licensee discloses in the printed text of the advertisement, or in the oral text in the case of a radio or television advertisement, the license under which the loan would be made or arranged.
(b)CA Financial Code § 22162(b) A program administrator licensee shall not place an advertisement disseminated primarily in this state for an assessment contract unless the licensee discloses in the printed text of the advertisement, or in the oral text in the case of a radio or television advertisement, the license under which the assessment contract would be administered.
(c)CA Financial Code § 22162(c) This section shall become operative on January 1, 2019.

Section § 22163

Explanation

The law allows the commissioner to ensure that any rates a financial licensee advertises are presented clearly and completely, so there is no confusion for people who might borrow money or own property. This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22163(a) The commissioner may require that rates of charge, if stated by a licensee, be stated fully and clearly in the manner that the commissioner deems necessary to prevent misunderstanding by prospective borrowers or property owners.
(b)CA Financial Code § 22163(b) This section shall become operative on January 1, 2019.

Section § 22164

Explanation

This law requires that anyone advertising interest rates, charges, or loan costs must clearly and fully state this information so that potential borrowers or property owners have complete understanding. If the advertised rates or costs do not apply to all loan types or contracts offered, this must be clearly explained in the advertisement. This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22164(a) If any person engaged in the business regulated by this division refers in any advertising to rates of interest, charges, or cost of loans or assessment contracts, the commissioner shall require that the rates, charges, or costs are stated fully and clearly in the manner that he or she deems necessary to give adequate information to prospective borrowers or property owners. If the rates or costs advertised do not apply to loans or assessment contracts of all classes made or negotiated by the person, this fact shall be clearly indicated in the advertisement.
(b)CA Financial Code § 22164(b) This section shall become operative on January 1, 2019.

Section § 22165

Explanation

If an advertisement gets disapproved by the commissioner, the business isn't allowed to use it anymore. The commissioner can also require that a business submit its ads for approval before using them.

No advertising copy shall be used after its use has been disapproved by the commissioner and the licensee is notified in writing of the disapproval. The commissioner may by order direct any licensee to submit advertising copy to the commissioner for review prior to use.

Section § 22166

Explanation

This law allows a commissioner to demand that license holders keep copies of all their advertising content for two years. These copies need to be accessible to the commissioner if they ask for them.

The commissioner may require licensees to maintain a file of all advertising copy for a period of two years from the date of its use. The file shall be available to the commissioner upon request.

Section § 22167

Explanation

If you are a licensed finance lender in California, you can also perform the duties of a broker at the same business location without needing a separate broker's license. However, you must inform the commissioner in writing about this activity.

A licensed finance lender may act as a broker as defined in Section 22004 at its licensed place of business without obtaining an additional license as a broker under this division provided the licensee has notified the commissioner of the action in writing.

Section § 22168

Explanation

If someone falsely claims to have special qualifications or misleads the public about their expertise, the commissioner can suspend or bar them from working with a licensed finance company for up to a year. Before taking action, the person gets a chance to argue their case.

They must ask for a hearing within 15 days of being notified, or they lose the right to a hearing. Once notified, the person can't do any licensed activities immediately.

Anyone suspended or barred can't work with or be involved in any business activities of finance lenders, brokers, or mortgage loan originators, although they can still do personal transactions through licensed professionals.

This rule started on January 1, 2019.

(a)CA Financial Code § 22168(a) The commissioner may, after appropriate notice and opportunity for hearing, suspend for a period not to exceed 12 months or bar a person from any position of employment with a licensee if the commissioner finds that the person has willfully used or claimed without authority a designation or certification of special education, practice, or skill that the person has not attained, or willfully held out to the public a confusingly similar designation or certification for the purpose of misleading the public regarding his or her qualifications or experience.
(b)CA Financial Code § 22168(b) Within 15 days from the date of a notice of intention to issue an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). Upon receiving a request, the matter shall be set for hearing to commence within 30 days after receipt unless the person subject to this division consents to a later date. If no hearing is requested within 15 days after the mailing or service of the notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing.
(c)CA Financial Code § 22168(c) Upon receipt of a notice of intention to issue an order pursuant to subdivision (a), the person who is the subject of the proposed order is immediately prohibited from engaging in any activities subject to licensure under this division.
(d)CA Financial Code § 22168(d) Persons suspended or barred under this section are prohibited from participating in any business activity of a licensed finance lender, broker, program administrator, or mortgage loan originator, and from engaging in any business activity on the premises where a licensed finance lender, broker, program administrator, or mortgage loan originator is conducting its business. This subdivision does not prohibit suspended or barred persons from having their personal transactions processed by a licensed finance lender, broker, mortgage loan originator, or program administrator.
(e)CA Financial Code § 22168(e) This section shall become operative on January 1, 2019.

Section § 22169

Explanation

The law allows the commissioner to discipline individuals, such as mortgage loan originators, working with finance lenders or brokers if they break the rules or engage in misconduct. This can involve censoring, suspending, or banning them from the industry for up to 12 months if it's in the public interest. Misconduct includes violations of rules or engaging in dishonest or fraudulent activities.

If someone receives a notice about possible disciplinary action, they can request a hearing within 15 days. If they don't, they lose the right to a hearing. Upon receiving such a notice, the person cannot continue working in their licensed role until things are resolved.

This rule was put into effect starting January 1, 2019.

(a)CA Financial Code § 22169(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 a person, including a mortgage loan originator, from any position of employment with, or management or control of, any finance lender, broker, program administrator, or any other person, if the commissioner finds either of the following:
(1)CA Financial Code § 22169(a)(1) That the censure, suspension, or bar is in the public interest and that the person has committed or caused a violation of this division or rule or order of the commissioner, which violation was either known or should have been known by the person committing or causing it or has caused material damage to the finance lender, broker, program administrator, or mortgage loan originator, or to the public.
(2)CA Financial Code § 22169(a)(2) That the person has been convicted of or pleaded nolo contendere to any crime, or has been held liable in any civil action by final judgment, or any administrative judgment by any public agency, if that crime or civil or administrative judgment involved any offense involving dishonesty, fraud, or deceit, or any other offense reasonably related to the qualifications, functions, or duties of a person engaged in the business in accordance with the provisions of this division.
(b)CA Financial Code § 22169(b) Within 15 days from the date of a notice of intention to issue an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code). Upon receipt of a request, the matter shall be set for hearing to commence within 30 days after such receipt unless the person subject to this division consents to a later date. If no hearing is requested within 15 days after the mailing or service of such notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing.
(c)CA Financial Code § 22169(c) Upon receipt of a notice of intention to issue an order pursuant to this section, the person who is the subject of the proposed order is immediately prohibited from engaging in any activities subject to licensure under the law.
(d)CA Financial Code § 22169(d) Persons suspended or barred under this section are prohibited from participating in any business activity of a finance lender, broker, program administrator, or mortgage loan originator, and from engaging in any business activity on the premises where a finance lender, broker, program administrator, or mortgage loan originator is conducting business.
(e)CA Financial Code § 22169(e) This section shall become operative on January 1, 2019.

Section § 22170

Explanation

This law makes it illegal for anyone to intentionally change, destroy, hide, or falsify any records or documents to interfere with the enforcement of financial regulations. It is also illegal to knowingly lie to the commissioner or the Nationwide Mortgage Licensing System during any licensing, investigation, or examination process with the goal of affecting the enforcement of financial rules.

(a)CA Financial Code § 22170(a) It is unlawful for any person to knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.
(b)CA Financial Code § 22170(b) It is unlawful for any person to knowingly make an untrue statement to the commissioner or the Nationwide Mortgage Licensing System and Registry during the course of licensing, investigation, or examination, with the intent to impede, obstruct, or influence the administration or enforcement of any provision of this division.

Section § 22171

Explanation

This law requires that mortgage lenders and brokers in California follow specific guidelines designed to manage risks associated with nontraditional and subprime mortgage lending. These guidelines were established by several industry bodies back in 2006 and 2007. The law gives the commissioner the power to create additional regulations to help clarify how these guidelines should be applied. Essentially, mortgage lenders, brokers, and their employees need to have policies in place that meet these guidelines and any applicable federal laws.

(a)CA Financial Code § 22171(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 published on July 17, 2007, by the aforementioned entities and the National Association of Consumer Credit Administrators, to licensees.
(b)CA Financial Code § 22171(b) The commissioner may adopt emergency and final regulations to clarify the application of this section as soon as possible.
(c)CA Financial Code § 22171(c) A finance lender or broker licensee shall adopt and adhere to policies and procedures that are reasonably intended to achieve the objectives set forth in the documents described in subdivision (a). A mortgage loan originator licensee shall adhere to policies and procedures developed by its employer in accordance with this division and applicable federal law and regulation.

Section § 22172

Explanation

This law allows the commissioner to take various actions against mortgage loan originators and their employers if they violate certain rules or fail to meet requirements. The commissioner can deny or revoke licenses, order restitution, and impose fines. If necessary, they can issue immediate temporary orders to stop harmful practices or suspend business operations. The commissioner can also impose penalties up to $25,000 for each violation. Additionally, each infraction is considered separately, meaning multiple fines can apply for multiple violations.

(a)CA Financial Code § 22172(a) The commissioner may do one or more of the following:
(1)CA Financial Code § 22172(a)(1) Deny, suspend, revoke, condition, or decline to renew a mortgage loan originator license for a violation of this division, or any rules or regulations adopted thereunder.
(2)CA Financial Code § 22172(a)(2) Deny, suspend, revoke, condition, or decline to renew a mortgage loan originator license if an applicant or licensee fails at any time to meet the requirements of Section 22109.1 or 22109.4, or withholds information or makes a material misstatement in an application for a license or license renewal.
(3)CA Financial Code § 22172(a)(3) Order restitution against a mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator for a violation of this division.
(4)CA Financial Code § 22172(a)(4) Impose fines on a mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator pursuant to subdivisions (b), (c), and (d).
(5)CA Financial Code § 22172(a)(5) Issue orders or directives to mortgage loan originators under this division as follows:
(A)CA Financial Code § 22172(a)(5)(A) Order or direct a mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator to desist and refrain from conducting business, including immediate temporary orders to desist and refrain.
(B)CA Financial Code § 22172(a)(5)(B) Order or direct a mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator to cease any harmful activities or violations of this division, including immediate temporary orders to desist and refrain.
(C)CA Financial Code § 22172(a)(5)(C) Enter immediate temporary orders to cease business under a license issued pursuant to the authority granted under Section 22100 if the commissioner determines that the license was erroneously granted or the mortgage loan originator is currently in violation of this division.
(D)CA Financial Code § 22172(a)(5)(D) Order or direct any other affirmative action as the commissioner deems necessary.
(b)CA Financial Code § 22172(b) The commissioner may impose a civil penalty on a mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator, if the commissioner finds, on the record after notice and opportunity for hearing, that the mortgage loan originator or any finance lender or broker licensee employing a mortgage loan originator has violated or failed to comply with any requirement of this division or any regulation prescribed by the commissioner under this division or order issued under authority of this division.
(c)CA Financial Code § 22172(c) The maximum amount of penalty for each act or omission described in subdivision (b) shall be twenty-five thousand dollars ($25,000).
(d)CA Financial Code § 22172(d) Each violation or failure to comply with any directive or order of the commissioner is a separate and distinct violation or failure.