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HomeFinancial CodeDiv. 9Ch. 4Art. 2§ 22755 Mortgage Originator Fraud Prohibitions

§ 22755 Mortgage Originator Fraud Prohibitions

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 22755 Mortgage Originator Fraud Prohibitions

Key Takeaways

  • •Mortgage loan originators cannot lie, trick, or cheat borrowers or lenders.
  • •They must have a valid license to do their job.
  • •They cannot promise or advertise loan terms they can't actually offer.
  • •They must follow all the rules and tell the truth about fees, rates, and loan details.

Example

A mortgage loan originator tells a borrower they can get a loan with a super low interest rate to get them to sign a contract.

If the originator knows that low rate isn't actually available and just says it to trick the borrower, they are breaking the law. They must only offer real terms that are actually available.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 22755 Mortgage Originator Fraud Prohibitions

It is a violation of this division for a mortgage loan originator to do any of the following: (a) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person. (b) Engage in any unfair or deceptive practice toward any person. (c) Obtain property by fraud or misrepresentation. (d) Solicit or enter into a contract with a borrower that provides in substance that the mortgage loan originator may earn a fee or commission through best efforts to obtain a loan even though no loan is actually obtained for the borrower. (e) 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. (f) Conduct any business covered by this division without holding a valid license as required under this division, or assist or aide and abet any person in the conduct of business under this division without a valid license as required under this division. (g) Fail to make disclosures as required by this division and any other applicable state or federal law, including regulations thereunder. (h) Fail to comply with this division or rules or regulations promulgated under this division, or fail to comply with any other state or federal law, including the rules and regulations thereunder, applicable to any business authorized or conducted under this division. (i) 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. (j) 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 Mortgage Licensing System and Registry or in connection with any investigation conducted by the commissioner or another governmental agency. (k) Make any payment, threat, or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person 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. (l) Collect, charge, attempt to collect or charge, or use or propose any agreement purporting to collect or charge any fee prohibited by this division. (m) 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. (n) Fail to truthfully account for moneys belonging to a party of a residential mortgage loan transaction. (Added by Stats. 2009, Ch. 160, Sec. 44. (SB 36) Effective October 11, 2009.)

Last verified: January 23, 2026

Key Terms

misrepresentationfraudportlicensepropertycommissioncontractmortgage

Related Statutes

  • § 50202 Escrow Funds Handling Rules
  • § 50204 Mortgage Loan Disbursement Rules
  • § 23011 License Application Denial
  • § 50401 Mortgage Lender Assessment Fees
  • § 100023 Commissioner Licensee Examination

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 22755.
View Official Source