Oklahoma § 59-2095.18 - Specific violations

§ 59-2095.18. Specific violations

It is a violation of the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act for an entity or individual subject to

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act

to:

1. Directly or indirectly employ any scheme, device, or

artifice to defraud or mislead borrowers or lenders or to defraud

any entity or individual;

Oklahoma Statutes - Title 59. Professions and Occupations

2. Engage in any unfair or deceptive practice toward any entity

or individual;

3. Obtain property by fraud or misrepresentation;

4. Solicit or enter into a contract with a borrower that

provides in substance that the entity or individual subject to the

Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act may

earn a fee or commission through “best efforts” to obtain or modify

a loan even though a loan is not actually obtained or modified 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 covered by the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act without holding a valid

license as required under the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act or assist or aide and abet any entity or

individual in the conduct of business under the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act without a valid license

as required under the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act;

7. Fail to make disclosures as required by the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act and any other

applicable state or federal law including regulations thereunder;

8. Fail to comply with the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act or rules promulgated under the Oklahoma

Secure and Fair Enforcement for Mortgage Licensing Act or fail to

comply with any other state or federal law, including any rules

thereunder, applicable to any business authorized or conducted under

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act;

9. Make, in any manner, any false or deceptive statement or

representation, including, with regard to the rates, points, or

other financing terms or conditions for a residential mortgage loan

or engage in bait and switch advertising;

10. Negligently make any false statement or knowingly and

willfully make any omission of material fact in connection with any

information or reports filed with a governmental agency or the

Nationwide Multistate Licensing System and Registry or in connection

with any investigation conducted by the Administrator of Consumer

Credit or another governmental agency;

11. Make any payment, threat or promise, directly or

indirectly, to any entity or individual for the purposes of

influencing the independent judgment of the entity or individual in

connection with a residential mortgage loan or make any payment,

threat or promise, directly or indirectly, to any appraiser of a

property, for the purposes of influencing the independent judgment

of the appraiser with respect to the value of the property;

Oklahoma Statutes - Title 59. Professions and Occupations

12. Collect, charge, attempt to collect or charge or use or

propose any agreement purporting to collect or charge any fee

prohibited by the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act;

13. 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

14. Fail to truthfully account for monies belonging to a party

to a residential mortgage loan transaction.

Added by Laws 2009, c. 190, § 21, eff. July 1, 2009. Amended by

Laws 2024, c. 218, § 15, eff. Nov. 1, 2024.