2023 New Mexico Statutes › Chapter 58 - Financial Institutions and Regulations › Article 21 - Mortgage Loan Companies › Section 58-21-8 - Violations.

The director may deny, suspend or revoke any license or impose other penalties when the applicant or licensee, or a principal, partner, director, officer, trustee, manager, employee or affiliate of the applicant or licensee:
A. lacks a good business reputation;
B. has violated a provision of the Mortgage Loan Company Act;
C. charges, collects or receives fees for procuring, negotiating or securing a loan in excess of the amounts allowed by the Mortgage Loan Company Act or by rules promulgated pursuant to that act;
D. has committed fraud in connection with a transaction subject to the Mortgage Loan Company Act;
E. has made a misrepresentation or false statement to or concealed an essential or material fact from a person in the course of the mortgage loan company business;
F. has knowingly made or caused to be made a false representation of material fact or has suppressed or withheld from the director information that the applicant or licensee possesses and that, if submitted by that person, would have rendered the applicant or licensee ineligible to be licensed pursuant to the Mortgage Loan Company Act;
G. has violated any provisions of any New Mexico statute relating to escrow agents or escrow companies;
H. has refused to permit an examination or investigation by the director of that person's books and records or has refused or failed, within a reasonable time, to furnish information or make a report that may be required by the director under the provisions of the Mortgage Loan Company Act;
I. has been convicted of a felony or any misdemeanor involving moral turpitude; subject, however, to the provisions of the Criminal Offender Employment Act [28-2-1 to 28-2-6 NMSA 1978];
J. appears to be conducting business in a manner that is injurious to persons;
K. conducts any business covered by the Mortgage Loan Company Act without holding a valid license as required by that act;
L. knowingly assists or aids and abets any person in the conduct of business covered by the Mortgage Loan Company Act without a valid license as required pursuant to that act;
M. hires or engages the services of a mortgage loan originator who is not licensed pursuant to the New Mexico Mortgage Loan Originator Licensing Act;
N. makes a mortgage loan without documenting and considering the borrower's reasonable ability to repay that loan pursuant to its terms. The borrower's ability to repay shall be demonstrated through reasonably reliable documentation that may include payroll receipts, tax returns, bank records, asset and credit evaluations, mortgage payment history or other similar reliable documentation. The provisions of this subsection shall not apply to a mortgage loan originated pursuant to a government streamline program or a streamline program administered by a government-sponsored enterprise, to a reverse mortgage insured as part of a government program or to loss mitigation activities of a mortgage loan servicer or lender with which the borrower has a current relationship, so long as each of these exceptions, as applicable, provides the borrower with a reasonable, tangible net benefit; or
O. makes a mortgage loan without determining the borrower's reasonable ability to pay the costs set forth in this subsection. In the case of an adjustable rate mortgage loan, the reasonable ability to pay shall be determined based on a fully indexed rate and repayment schedule that achieves full amortization over the life of the mortgage loan. The costs, as applicable, to be used in determining the borrower's reasonable ability to pay include principal, interest, real estate taxes, property insurance, property assessments, mortgage insurance premiums and other scheduled long-term monthly debt payments.
History:
Laws 1983, ch. 86, § 8; 1985, ch. 73, § 4; 2001, ch. 251, § 6; 2001, ch. 264, § 6; 2009, ch. 122, § 32.
ANNOTATIONS
The 2009 amendment,
effective July 31, 2009, changed the name of the act from the "Mortgage Loan Company and Loan Broker Act" to the "Mortgage Loan Company Act"; in the first paragraph, after "revoke any", deleted "registration" and added "license or impose other penalties", and after "applicant or", deleted "registrant" and added "license", "principal, partner" and "trustee, manager"; and added Subsections K through O.
Severability.
— Laws 2009, ch. 122, § 60 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2001 amendment,
effective July 1, 2001, substituted "or by rules promulgated pursuant to that act" for "regulations issued by the director" in Subsection C; and added Subsection J.