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Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 339

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  339.175.  Mortgage fraud, commission may file court action — civil penalty — investigation authority. — 1.  If the commission believes that a real estate broker or real estate sales person has engaged in, is engaging in, or has willfully taken a substantial step toward engaging in an act, practice, omission, or course of business constituting mortgage fraud, as defined in section 443.930, or that a person has materially aided or is materially aiding any such act, practice, omission, course of business, the commission may maintain an action in the circuit court of any county of the state or any city not within a county to enjoin the person.  Upon a proper showing, the court may issue a permanent or temporary injunction, restraining order, or declaratory judgment.

  2.  The court may impose a civil penalty against the person not to exceed two thousand five hundred dollars for each violation and may grant any other relief the court determines is just and proper under the circumstances including, but not limited to, a temporary suspension of any license issued by the commission.

  3.  The commission may initiate an investigation and take all measures necessary to find the facts of any potential violation of this section, including issuing subpoenas to compel the attendance and testimony of witnesses and the production of documents and other evidence.  The commission may conduct joint investigations, enter into confidentiality agreements and share information obtained relating to an investigation under this section with other governmental agencies.

  4.  The enforcement authority of the commission under this section is cumulative to any other statutory authority of the commission.

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(L. 2008 H.B. 2188)


---- end of effective   28 Aug 2008 ----

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