Ohio Revised Code
Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla)
Section 1322.40 | Prohibited Acts.

Effective: March 20, 2019
Latest Legislation: House Bill 489 - 132nd General Assembly
No registrant, licensee, or person required to be registered or licensed under this chapter, or individual disclosed in an application as required by this chapter, shall do any of the following:
(A) Obtain a certificate of registration or mortgage loan originator license through any false or fraudulent representation of a material fact or any omission of a material fact required by state law, or make any substantial misrepresentation in any registration or license application;
(B) Make false or misleading statements of a material fact, omissions of statements required by state or federal law, or false promises regarding a material fact, through advertising or other means, or engage in a continued course of misrepresentations;
(C) Engage in conduct that constitutes improper, fraudulent, or dishonest dealings;
(D) Fail to notify the division of financial institutions within thirty days after any of the following:
(1) Being convicted of or pleading guilty or nolo contendere to a felony in a domestic, foreign, or military court;
(2) Being convicted of or pleading guilty or nolo contendere to any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, breach of trust, dishonesty, or drug trafficking, or any criminal offense involving money or securities, in a domestic, foreign, or military court;
(3) Having a mortgage lender, mortgage servicer, or mortgage broker certificate of registration or mortgage loan originator license, or any comparable authority, revoked in any governmental jurisdiction.
(E) Knowingly make, propose, or solicit fraudulent, false, or misleading statements on any mortgage loan document or on any document related to a mortgage loan, including a mortgage application, real estate appraisal, or real estate settlement or closing document. For purposes of this division, "fraudulent, false, or misleading statements" does not include mathematical errors, inadvertent transposition of numbers, typographical errors, or any other bona fide error.
(F) Knowingly instruct, solicit, propose, or otherwise cause a buyer to sign in blank a mortgage related document;
(G) Knowingly compensate, instruct, induce, coerce, or intimidate, or attempt to compensate, instruct, induce, coerce, or intimidate, a person licensed or certified under Chapter 4763. of the Revised Code for the purpose of corrupting or improperly influencing the independent judgment of the person with respect to the value of the dwelling offered as security for repayment of a mortgage loan;
(H) Promise to refinance a loan in the future at a lower interest rate or with more favorable terms, unless the promise is set forth in writing and is initialed by the buyer;
(I) Engage in any unfair, deceptive, or unconscionable act or practice prohibited under sections 1345.01 to 1345.13 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla)

Section 1322.01 | Rmla Definitions.

Section 1322.02 | Rules Amending Definitions of Mortgage Broker, Lender, or Originator; Rules Amending Criteria for Letters of Exemption.

Section 1322.04 | Applicability of Rmla.

Section 1322.05 | Credit Union Service Organization or Depository Institution Application for Letter of Exemption; Fee.

Section 1322.07 | Requirement to Obtain Certificate of Registration or License.

Section 1322.09 | Application for Certificate of Registration; Fee.

Section 1322.10 | Conditions for Issuing Certificate of Registration; Renewal.

Section 1322.12 | Designation of Operations Manager; Eligibility.

Section 1322.15 | Obfuscation or Concealment of True Ownership or Control.

Section 1322.16 | Transfer of Ownership Interests; Notification.

Section 1322.17 | Persons Registered Solely to Sell Leads or to Match Buyers.

Section 1322.20 | Application for Mortgage Loan Originator License.

Section 1322.21 | Conditions for Issuing Mortgage Loan Originator License; Renewal.

Section 1322.27 | Examination for Mortgage Loan Originator License.

Section 1322.28 | Continuing Education for Mortgage Loan Originator.

Section 1322.29 | Supervision of Mortgage Loan Originator; Transfer of License.

Section 1322.30 | Interest.

Section 1322.32 | Corporate Surety Bond; Notice of Action or Judgment.

Section 1322.34 | Examination and Maintenance of Records; Reports to Nmls.

Section 1322.35 | Obstructing Examination or Investigation by Superintendent of Financial Institutions.

Section 1322.36 | Public Records and Privileged and Confidential Information; Reports by Superintendent to Nmls.

Section 1322.40 | Prohibited Acts.

Section 1322.41 | Prohibited Interest in Appraisal Company.

Section 1322.42 | Restrictions Regarding Referrals.

Section 1322.43 | Supervision of Mortgage Loan Originator and Associated Persons; Procedures to Avoid Violations; Remote Work.

Section 1322.45 | Additional Duties of Registrants and Licensees; Recovery of Damages by Buyer.

Section 1322.46 | Disclosures in Advertising.

Section 1322.50 | Disciplinary Actions.

Section 1322.51 | Effect of Child Support Default on Registration or License.

Section 1322.52 | Buyer Civil Action; State Civil Action; Criminal Prosecution.

Section 1322.55 | Adoption of Rules to Parallel Federal Safe Act.

Section 1322.56 | Adoption of Rules to Comply With Nmls Requirements.

Section 1322.57 | Administrative Rules.

Section 1322.99 | Penalty.