Sec. 180.153.  PROHIBITED ACTS AND PRACTICES.  An individual or other person subject to regulation under this chapter may not:
(1)  employ, directly or indirectly, a scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud a person;
(2)  engage in an unfair or deceptive practice toward a person;
(3)  obtain property by fraud or misrepresentation;
(4)  solicit or enter into a contract with a borrower that provides in substance that the individual or other person subject to this chapter may earn a fee or commission through "best efforts" to obtain a loan even though no loan was actually obtained for the borrower;
(5)  solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting;
(6)  conduct any business regulated by this chapter without holding a license as required by this chapter;
(7)  assist, aid, or abet an individual in the conduct of business without a license required by this chapter;
(8)  fail to make disclosures as required by this chapter and any other applicable state or federal law, including rules or regulations under applicable state or federal law;
(9)  fail to comply with this chapter or rules adopted under this chapter;
(10)  fail to comply with any other state or federal law, including rules or regulations adopted under that law, applicable to a business or activity regulated by this chapter;
(11)  make, in any manner, a false or deceptive statement or representation;
(12)  negligently make a false statement or knowingly or wilfully make an omission of material fact in connection with:
(A)  information or a report filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry; or
(B)  an investigation conducted by the regulatory official or another governmental agency;
(13)  make a payment, threat, or promise, directly or indirectly, to a person for purposes of influencing the person's independent judgment in connection with a residential mortgage loan, or make a payment, threat, or promise, directly or indirectly, to an appraiser of property, for purposes of influencing the appraiser's independent judgment with respect to the property's value;
(14)  collect, charge, attempt to collect or charge, or use or propose an agreement purporting to collect or charge a fee prohibited by this chapter;
(15)  cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer; or
(16)  fail to truthfully account for money belonging to a party to a residential mortgage loan transaction.
Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 1, eff. June 19, 2009.