Section 397-B:9 Investigations; Subpoenas; Injunctions.
I. The banking department may make such public or private investigations within or outside of this state as it deems necessary to determine compliance with this chapter and the rules adopted pursuant to it. The expense of such investigation shall be chargeable to and paid by the mortgage servicing company. Sums collected under this section shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division.
II. For the purpose of any investigation under this chapter, the banking department shall have the power to subpoena witnesses and administer oaths in any adjudicative proceedings, and to compel, by subpoena duces tecum, the production of all books, records, files, and other documents and materials relevant to its investigation.
III. Whenever the commissioner has reason to believe that any mortgage servicing company has been engaged or is engaged in an alleged violation of this chapter, the commissioner may request the attorney general to seek an order from a court having jurisdiction for an injunction temporarily or permanently restraining and enjoining the continuance of such act or acts.
IV. Any action taken by the banking department or commissioner under this chapter shall not be considered as a limitation of a mortgagor's ability to seek such relief as may be provided by any statute or at common law.
V. In any investigation to determine whether any person has violated or is about to violate this chapter or any rule or order under this chapter, upon the commissioner's finding that the person violated this chapter or a rule or order under this chapter, or the person charged with the violation being found in default, the commissioner shall be entitled to recover the cost of the investigation, in addition to any other penalty provided for under this chapter.
VI. The commissioner may share information with state and federal regulators, and may share information with law enforcement agencies for the purposes of criminal investigations.
Source. 1995, 207:1. 2003, 313:26, eff. Aug. 20, 2003. 2009, 204:10, eff. Sept. 13, 2009.