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Texas Department of Savings and Mortgage Lending

Residential Mortgage Loan Originators: Enforcement

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Enforcement Orders

Last Updated 02/17/2017

Enforcement Actions – Definitions, Classification and Descriptions

ENFORCEMENT ACTIONS - Orders issued for the violation of state and/or federal regulations resulting in disciplinary actions, including items such as: assessment of administrative penalties, consumer restitution, license suspensions, and license revocations.

The below descriptions and definitions provide both a guide to alleged violations addressed through the issuance of orders and a tool to help the user sort the data. An open records request must be submitted for the specific contents of an order.

Enforcement Action Description
Advertising Violation (No description)
Consumer Restitution
Required
May represent several violations or a primary violation.
Criminal Conviction
or Indictment
Order of revocation or suspension based on criminal conviction or indictment involving fraud, theft, or dishonesty.
Exam Deficiency Examination rating resulting in Administrative Order to take action, pay consumer restitution and assessment of administrative penalty.
Exam Failure Examination rating resulting in Cease and Desist Order to take action, pay consumer restitution and assessment of administrative penalty.
Exam Inadequacy Examination rating resulting in Administrative Order to take action.
Failure to Comply
with terms of Order/
Agreed Order
(No description)
Failure to Cooperate
or Respond
Failure to cooperate with or respond to an investigation or examination.
Failure to Respond Failure to respond to an examination report.
Fraud (No description)
Inadequate Disclosures Required state or federal consumer disclosures do not meet minimum requirements.
License Denial Appeal Appeal of a license application denial.
License Renewal
Denial Appeal
Appeal of a license renewal application denial.
Misleading Practices All issues dealing with misinformation, sometimes including issues of potential fraud.
Negligent Supervision/
Failure to Supervise
Applies to a sponsoring mortgage broker whose loan officer and/or employee has violated or disregarded any of the provisions of the MBLAct or the Department’s Rules because the mortgage broker failed to supervise or negligently supervised.
Recovery Fund Payout Order of Revocation issued based on Recovery Fund claim paid against broker.
Unlicensed Activity Engaging in unlicensed activity or affiliating with an unlicensed individual.
Violation of State
and/or Federal Law
(No description)

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