Sec. 13.
(1) The attorney general, the commissioner, or any other person may file a complaint with the commissioner alleging that a person has violated this act or a rule promulgated or an order issued under this act. If the complaint is made by the commissioner, he or she shall designate 1 or more employees of the financial institutions bureau to act as the person making the complaint. Upon receipt of a complaint, the commissioner may begin an investigation pursuant to the provisions of this act.
(2) If a complaint is received against a registrant which is a subsidiary of a federally chartered depository financial institution, a copy of the complaint shall be immediately sent to the appropriate federal regulatory authority. The commissioner shall attempt to determine the disposition of the complaint and shall make no investigation of the complaint if the complaint is being adequately pursued by the appropriate federal regulatory authority.
History: 1987, Act 173, Imd. Eff. Nov. 18, 1987 Constitutionality: In Wachovia Bank v Watters, 431 F 2d 556 (2005), the 6th circuit court of appeals held that the national bank act and implementing federal regulations preempt conflicting Michigan law as to provisions requiring registration before a mortgage lender may conduct business in Michigan, payment of registration and renewal fees, submission of financial statements, and certain investigatory and regulatory powers of the insurance commissioner. (United States Supreme Court granted certiorari June 1, 2006.)Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684)
Section 445.1651 - Short Title.
Section 445.1651a - Definitions.
Section 445.1652a-445.1652c - Repealed. 2009, Act 76, Eff. July 31, 2010.
Section 445.1654 - Proof of Financial Responsibility.
Section 445.1655 - Minimum Net Worth.
Section 445.1659 - Transfer or Assignment of License or Registration.
Section 445.1661 - Powers of Commissioner Generally.
Section 445.1663 - Complaint; Investigation; Federal Regulatory Authority.
Section 445.1664 - Provisions Applicable to Investigation.
Section 445.1666 - Cease and Desist Order; Hearing; Violation; Injunction.
Section 445.1667 - Remedies Cumulative.
Section 445.1668a - Fraud; Prohibition; Notice; Hearing; Order.
Section 445.1668b - Hearing; Final Decision; Judicial Review; Effect of Review on Order.
Section 445.1668c - Enforcement of Order; Jurisdiction.
Section 445.1668d - Violation as Misdemeanor; Penalty.
Section 445.1668e - Violation of Order; Exceptions.
Section 445.1672 - Violations Generally.
Section 445.1672a - Mortgage Loans; Prohibited Advertising.
Section 445.1672b - Repealed. 2009, Act 76, Eff. July 31, 2010.
Section 445.1673 - Reasonable and Necessary Charges; Terms and Conditions of Guarantee.
Section 445.1674 - Annual Statement and Ledger History of Borrower's Account; Fee Prohibited.
Section 445.1675 - Applicability of Act.
Section 445.1675a - Exemptions; Filing Affidavit; Failure to Meet Qualifications.
Section 445.1676 - Laws to Which Mortgage Loan Subject.
Section 445.1678 - Civil or Criminal Liability.
Section 445.1680 - Effect of Noncompliance on Validity or Enforceability of Mortgage Loan.
Section 445.1681 - Action to Obtain Declaratory Judgment, Injunction, or Actual Damages; Limitation.
Section 445.1682 - Conservatorship.
Section 445.1684 - Claims Filed Against Proof of Financial Responsibility.