Contents 454M-1 Definitions 454M-2 License required 454M-2.5 Unlicensed foreclosure actions voided 454M-3 Exemptions 454M-4 License; fees; renewals; voluntary surrender of license 454M-4.5 Registration with NMLS 454M-5 Duties of a mortgage servicer; disclosures; good faith 454M-6 Prohibited activities 454M-7 License sanctions; suspension, revocation, denial, condition, and refusal to renew, reinstate, or restore 454M-8 Powers of commissioner 454M-8.5 Investigation and examination authority 454M-9 Private right of action 454M-10 Penalty 454M-11 Compliance resolution fund

     §454M-6  Prohibited activities.  (a)  It shall be unlawful for any mortgage servicer in the course of any mortgage loan transaction:

     (1)  To misrepresent or conceal material facts, to make false promises, or to pursue a course of misrepresentation through its agents or otherwise;

     (2)  To engage in any transaction, practice, or course of business that is not in good faith, does not constitute fair dealing, or that constitutes a fraud upon any person, in connection with the servicing, purchase, or sale of any mortgage loan;

     (3)  To fail to comply with the mortgage loan servicing transfer, escrow account administration, or borrower inquiry response requirements imposed by sections 6 and 10 of the Real Estate Settlement Procedures Act, 12 United States Code sections 2605 and 2609, and regulations adopted thereunder by the Secretary of Housing and Urban Development; or

     (4)  To fail to comply with applicable federal laws and regulations related to mortgage servicing.

     (b)  It shall be unlawful for any mortgage servicer to provide any mortgage loan modifications or other services that would require licensing pursuant to chapter 454F, unless the mortgage servicer is licensed under chapter 454F. [L 2009, c 106, pt of §1; am L 2012, c 245, §5]