Massachusetts Statutes

Section 10. Whoever violates section 2 or any rule or regulation promulgated thereunder shall be punished by a fine of not more than $2,000 or by imprisonment in the house of correction for not more than 2 1/2 years or by imprisonment in state prison for not more than 5 years, or…

Section 11. (a) Whenever the commissioner finds that any licensee or exempt person under section 2 has violated this chapter or any rule or regulation adopted thereunder, or any other law of the commonwealth applicable to the conduct of the business of making or brokering mortgag…

Section 12. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated any section of this chapter or any rule or regulation adopted thereunder, applicable to the conduct of the business of making or brokering mortgage loans on residential prop…

Section 2. No person shall act as a mortgage broker or mortgage lender with respect to residential property unless first obtaining a license from the commissioner; provided, however, that any person who is employed by or associated with a licensed mortgage broker or mortgage lend…

Section 3. The application for a license shall be in a form prescribed by the commissioner and shall contain the name and address or addresses where the business of the applicant is located and if the applicant is a partnership, association, corporation, or other form of business…

Section 4. Upon the filing of an application for a license, if the commissioner finds that the financial responsibility, character, reputation, integrity and general fitness of the applicant, and of the partners or members thereof if the applicant is a partnership or association,…

Section 5. Each license shall state the address at which the business is to be conducted and shall state the name of the licensee. If a licensee intends to carry on such business at any place in addition to the address on the license, he shall so notify the commissioner, in writi…

Section 6. The commissioner may suspend or revoke any license issued pursuant to this chapter if said commissioner finds that: (i) the licensee has violated any provision of this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of it…

Section 7. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule, regulation or order hereunder, he may…

Section 8. Each licensee shall annually, on or before a date determined by the commissioner, file a report with the commissioner containing such information as said commissioner may require concerning the business and operations conducted by the licensee in the commonwealth durin…

Section 9. The commissioner may enforce the provisions of this chapter, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction.

Section 1. As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:— ''Clerical or support duties'', may include subsequent to the receipt of an application: (i) the receipt, collection, distribution, and analysis of i…

Section 10. The commissioner shall establish a process whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the commissioner; provided, however, that anyone aggrieved by a decision of the commissioner ma…

Section 11. (a) The commissioner may for the administration and enforcement of this chapter, pursuant to chapter 30A: (i) deny, suspend, revoke, condition or decline to renew a license for a violation of this chapter, or of any rule or regulation issued under this chapter or of a…

Section 12. (a) Each mortgage loan originator shall be covered by a surety bond in accordance with this section. The surety bond shall provide coverage for each mortgage loan originator in an amount as prescribed in subsection (b) and shall be in a form prescribed by the commissi…

Section 13. (a) Except as otherwise provided in Public Law 110–289, section 1512, the requirements under any federal law or section 10 of chapter 66 regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Re…

Section 14. (a) The commissioner shall have the authority to conduct investigations and examinations for: (i) purposes of initial licensing, license renewal, license suspension, license conditioning, license revocation or termination, or general or specific inquiry or investigati…

Section 15. It shall be a violation of this chapter for any person to: (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) obta…

Section 16. Each licensed mortgage loan originator shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require.

Section 17. The commissioner shall report violations of this chapter, as well as enforcement actions and other relevant information, to the Nationwide Mortgage Licensing System and Registry subject to the provisions contained in section 13, in conformance with Pub. Law 110–289, s…

Section 18. The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule…

Section 19. The commissioner may adopt, amend or repeal rules and regulations which may include an adequate net worth requirement for mortgage loan originators to aid in the administration and enforcement of this chapter.

Section 2. (a) No individual shall act as a mortgage loan originator with respect to any dwelling unless such person has first obtained a mortgage loan originator license from the commissioner or is exempt from the licensure requirement under subsection (b). No person shall knowi…

Section 3. (a) Any person seeking a mortgage loan originator's license pursuant to this chapter shall file an application, accompanied by the appropriate fee, with the division. Said application shall be made on a form to be furnished by the division, and shall require the applic…

Section 4. (a) The commissioner shall issue a mortgage loan originator license to an applicant therefore unless the applicant: (i) has had a mortgage loan originator license revoked in any governmental jurisdiction; provided, however, that a subsequent formal vacation of such rev…

Section 5. (a) An applicant for a mortgage loan originator's license shall complete a minimum of 20 hours of pre-licensing education approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards which shall include, without limitation: (i) 3 ho…

Section 6. (a) An applicant for a mortgage loan originator's license shall pass, in accordance with the standards established under this section, a qualified written examination developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider…

Section 7. (a) A mortgage loan originator's license issued pursuant to this chapter shall be valid for a period of not more than 1 year. The division may renew a mortgage loan originator's license upon the submission of documents showing that: (i) the mortgage loan originator rem…

Section 8. (a) A mortgage loan originator licensed pursuant to this chapter shall, annually, complete a minimum of 8 hours of continuing education approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards, which shall include, without limit…

Section 9. The commissioner may participate in the Nationwide Mortgage Licensing System and Registry and shall require mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. The commissioner may establish by regulati…

Section 1. A person who is competent to contract by bond may subject his person and property to be taken on execution by entering into a recognizance before the superior court in any county, substantially as follows: Be it remembered that on this day of , of personally appeared b…

Section 2. The recognizance shall be attested by the clerk of the court, shall be recorded at length in a book kept for the purpose and the original shall then be delivered to the conusee. It shall not be taken unless the justice who takes it knows or has satisfactory evidence th…

Section 3. If the debt is not paid at the time named in the recognizance, the court may issue an execution in favor of the conusee for the amount due, which shall be directed, served and returned in like manner and have like effect as an execution issued upon a judgment of said c…

Section 4. Before such execution issues, the original recognizance shall be filed with the clerk, who shall compute the amount, deducting any payments endorsed, and shall issue an execution therefor in common form except that it shall recite the recognizance and state the amount …

Section 5. If the conusee dies before the debt is paid, his executor or administrator may, upon exhibiting to the clerk his letters testamentary or of administration, take out the execution and the form thereof shall be altered accordingly.

Section 6. If the conusor dies before the debt is fully paid, no execution therefor shall issue as of course, but his estate shall be liable for the debt in like manner as if judgment therefor had been rendered against him in his lifetime; and the conusee or his executor or admin…

Section 7. If one or more of several conusees or conusors dies before the debt is fully satisfied, the rights and obligations of the survivors and the proceedings for the recovery of the debt shall be substantially the same as in the case of the death of one or more joint judgmen…

Section 8. No original execution shall issue as of course upon such recognizance after the expiration of three years from the time therein named for payment of the debt or from the time of the last payment endorsed thereon, but the conusee or his executor or administrator after t…

Section 9. A person who is injured by the wrongful issue or levy of an execution under this chapter may have a remedy as if the execution had been issued upon a judgment; and, except as otherwise expressly provided, the parties to such recognizance and their representatives shall…

Section 1. Property which has been forfeited for an offence may, if no other provision is made, be seized by a person entitled to enforce the forfeiture or, except as otherwise provided, by a police officer or constable of the town where the forfeited property is found, and shall…

Section 10. In all other cases the court shall award costs to the prevailing party or may order the costs and charges of keeping and selling the property or any part thereof to be paid out of the proceeds.

Section 11. Property which is alleged to have been forfeited may after its seizure be delivered to the owner or a person entitled to claim the same, upon his giving to the person who made the seizure a bond in double the value of the property, with sufficient surety, conditioned …

Section 12. The value of the property shall be determined by three disinterested persons appointed by the parties or by a justice of the peace to whom the claimant applies therefor, or, if the appraisal is made after the libel has been filed, by the court before whom it is pendin…

Section 13. The person who makes the seizure shall forthwith, unless an application for an appraisal has been made by a claimant, apply to a justice of the peace, who shall appoint three disinterested persons to make an inventory and appraisal of the property seized. Such apprais…

Section 15. If appraisers appointed under section thirteen certify that property so seized is perishable and likely to depreciate in value by being kept, any district court may order a sale by auction of such property at such time and after such notice as the order, which shall b…

Section 2. The person who makes the seizure shall, within fourteen days thereafter, file a libel in the superior court or in a district court, stating briefly the cause of the seizure without the details, and praying for a decree of forfeiture.