In this subtitle the following words have the meanings indicated. “Commissioner” means the Commissioner of Financial Regulation in the Maryland Department of Labor. “Dwelling” has the meaning stated in 12 C.F.R. § 1015.2 and any subsequent revision of that regulation. “Mortgage assistance relief service” has the meaning stated in 12 C.F.R. § 1015.2 and any subsequent revision of that regulation. “Mortgage assistance relief service provider” has the meaning stated in 12 C.F.R. § 1015.2 and any subsequent revision of that regulation. “Mortgage assistance relief service provider” incorporates the meanings of other terms stated in 12 C.F.R. § 1015.2 to the extent those terms are used to establish the meaning of “mortgage assistance relief service provider”.

A mortgage assistance relief service provider providing mortgage assistance relief service in connection with a dwelling in the State that does not comply with 12 C.F.R. §§ 1015.1 through 1015.11 and any subsequent revision of those regulations is in violation of this subtitle.

The attorney exemptions in 12 C.F.R. § 1015.7 apply only to an individual admitted to practice law in the State who provides mortgage assistance relief service as part of the individual’s regular practice of law.

For the purpose of venue under this subtitle, a violation of this subtitle shall be considered to have been committed: In the county in which the dwelling is located for which mortgage assistance relief service is being provided; In the county in which an act was performed in furtherance of the violation; and In the county in which a person alleged to have violated this subtitle had control or possession of any proceeds of the violation.

The Attorney General may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this subtitle from engaging or continuing to engage in the violation. The court may enter any order or judgment necessary to: Prevent the use by a person of any prohibited practice; Restore to a person any money or real or personal property acquired from the person by means of any prohibited practice; or Appoint a receiver in case of willful violation of this subtitle. In any action brought by the Attorney General under this section, the Attorney General is entitled to recover the costs of the action for the use of the State.

The Commissioner may enforce the provisions of this subtitle by exercising any of the powers provided under §§ 2–113 through 2–116 of the Financial Institutions Article. The Commissioner may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this subtitle from engaging or continuing to engage in the violation. The court may enter any order or judgment necessary to: Prevent the use by a person of any prohibited practice; Restore to a person any money or real or personal property acquired from the person by means of any prohibited practice; or Appoint a receiver in case of willful violation of this subtitle. In any action brought by the Commissioner under this section, the Commissioner is entitled to recover the costs of the action for the use of the State. The Commissioner may enforce the provisions of this subtitle by requiring a violator to take affirmative action to correct the violation, including the restitution of money or property to any person aggrieved by the violation. The Commissioner may: Investigate violations of this subtitle; and Aid any other unit of State government that has regulatory jurisdiction over the business activities of the violator. The Commissioner may cooperate in the investigation and prosecution of any violation of this subtitle with: The Office of the Attorney General, a State’s Attorney, or any other unit of law enforcement in the State; or The Federal Trade Commission, the Consumer Financial Protection Bureau, or the U.S. Department of Housing and Urban Development.

In addition to any action authorized under this subtitle and any other action otherwise authorized by law, a person may bring an action for damages incurred as the result of a violation of this subtitle. A person may bring an action for damages under this section: Without having to exhaust administrative remedies under this subtitle; and Regardless of the status of an administrative action or a criminal prosecution, if any, under this subtitle. A person who brings an action under this section and who is awarded damages also may seek, and the court may award, reasonable attorney’s fees. If the court finds that the defendant violated this subtitle, the court may award damages equal to three times the amount of actual damages.

The Attorney General and the State’s Attorney are authorized to conduct the criminal investigation and prosecution of all cases alleging a violation of this subtitle. The Attorney General or the State’s Attorney, as appropriate, shall report promptly a conviction under this subtitle to the unit of State government that has regulatory jurisdiction over the business activities of the person convicted.

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both. A person convicted of violating this subtitle shall pay restitution to any person damaged by the violation. Restitution shall be ordered in addition to a fine or imprisonment or both. Each violation of this subtitle constitutes a separate offense and shall not merge with any other crimes set forth in the Criminal Law Article. A person who violates this subtitle is subject to § 5–106(b) of the Courts Article.

A violation of this subtitle is: An unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.

This subtitle may be cited as the Maryland Mortgage Assistance Relief Services Act.