A. If the Commission determines that a licensee is in violation of, or has violated, § 6.2-1614, 6.2-1615, or 6.2-1616, or any provision of Chapter 3 (§ 6.2-300 et seq.) or Chapter 4 (§ 6.2-400 et seq.), the Commission may refer the information to the Attorney General and may request that the Attorney General investigate such violations.
B. Upon such referral, the Attorney General:
1. May seek to enjoin violations of such laws. The appropriate circuit court may enjoin such violations notwithstanding the existence of an adequate remedy at law; and
2. May seek, and the circuit court may order or decree, damages and such other relief allowed by law, including restitution to the extent available to borrowers under applicable law.
C. Persons entitled to any relief authorized by this section shall be identified by order of the court within 180 days from the date of the order permanently enjoining the unlawful act or practice.
D. In any action brought by the Attorney General by virtue of the authority granted in this section, the Attorney General shall be entitled to seek attorney fees and costs.
E. The Attorney General shall be authorized to bring an action to enjoin violations of the Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. § 2601 et seq.), to the extent authorized by §§ 8 and 16 of RESPA (12 U.S.C. §§ 2607 and 2614).
1987, c. 596, § 6.1-430; 2001, c. 510; 2008, c. 863; 2009, cc. 204, 727; 2010, c. 794.
Structure Code of Virginia
Title 6.2 - Financial Institutions and Services
Chapter 16 - Mortgage Lenders and Mortgage Brokers
§ 6.2-1601. License requirement
§ 6.2-1602. Persons exempt from chapter
§ 6.2-1603. Application for license; form; content; fee
§ 6.2-1605. Investigation of applications
§ 6.2-1607. Licenses; places of business; changes
§ 6.2-1608. Acquisition of control; application
§ 6.2-1609. Retention of books, accounts and records
§ 6.2-1611. Investigations; examinations
§ 6.2-1614. Prohibitions applicable to mortgage lenders and mortgage brokers
§ 6.2-1615. Other prohibitions applicable to mortgage lenders
§ 6.2-1616. Other prohibitions applicable to mortgage brokers
§ 6.2-1617. Application to certain real estate brokers
§ 6.2-1619. Suspension or revocation of license
§ 6.2-1620. Censuring, suspending, or barring persons
§ 6.2-1621. Filing of written report with Commissioner; events affecting activities of licensee
§ 6.2-1622. Cease and desist orders
§ 6.2-1623. Notice of proposed suspension or revocation
§ 6.2-1625. Criminal penalties
§ 6.2-1626. Authority of Attorney General; referral by Commission to Attorney General
§ 6.2-1628. Enforcement of prohibitions on certain practices; recovery of attorney fees
§ 6.2-1629. Prohibited practices; authority of the Attorney General