{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-1614.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-1614.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-1614.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-1614.html"}],"law_id":61182,"edition_id":1,"section_id":61182,"structure_id":13352,"section_number":"6.2-1614","catch_line":"Prohibitions applicable to mortgage lenders and mortgage brokers","history":"1987, c. 596, \u00a7\u00a7 6.1-422, 6.1-424; 1989, c. 667; 1993, c. 183; 1995, c. 62; 1997, c. 228; 2001, cc. 502, 510, 511, \u00a7 6.1-422.1; 2003, c. 386; 2009, cc. 189, 261; 2010, c. 794.","full_text":"No mortgage lender or mortgage broker required to be licensed under this chapter shall:\n\n1\n\nObtain any agreement or instrument in which blanks are left to be filled in after execution;2\n\nTake an interest in collateral other than the real estate or residential property securing a mortgage loan, including any fixtures and appliances thereon and any mobile or manufactured home placed on such real estate even if such mobile or manufactured home is not permanently affixed thereto;3\n\nObtain any exclusive dealing or exclusive agency agreement from any borrower;4\n\nDelay closing of any mortgage loan for the purpose of increasing interest, costs, fees, or charges payable by the borrower;5\n\nObtain any agreement or instrument executed by a borrower which contains an acceleration clause permitting the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal, submitting false information in connection with an application for the mortgage loan, breaching any representation or covenant made in the agreement or instrument, or failing to perform any other obligations undertaken in the agreement or instrument;6\n\nRecommend or encourage a person to default on an existing loan or other debt, if such default adversely affects such person&#8217;s creditworthiness, in connection with the solicitation or making of a mortgage loan that refinances all or any portion of such existing loan or debt;7\n\nKnowingly or intentionally engage in the act or practice of refinancing a mortgage loan within 12 months following the date the refinanced mortgage loan was originated, unless the refinancing is in the borrower&#8217;s best interest, which act or practice is commonly referred to as &#8220;flipping.&#8221; This prohibition shall apply regardless of whether the interest rate, points, fees, and charges paid or payable by the borrower in connection with the refinancing exceed any limitation established pursuant to Chapter 3 (&#xA7; 6.2-300 et seq.) or Article 2 (&#xA7; 6.2-406 et seq.) of Chapter 4. Factors to be considered in determining if the refinancing is in the borrower&#8217;s best interest include but are not limited to whether:\n\t\t\ta. The borrower&#8217;s new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;\n\t\t\tb. There is a change in the amortization period of the new loan;\n\t\t\tc. The borrower receives cash in excess of the costs and fees of refinancing;\n\t\t\td. The rate of interest on the borrower&#8217;s note is reduced;\n\t\t\te. There is a change from an adjustable to a fixed rate loan, taking into account costs and fees; and\n\t\t\tf. The refinancing is necessary to respond to a bona fide personal need or an order of an appropriate court; or8\n\nUse or cause to be published any advertisement that:\n\t\t\ta. Contains any false, misleading, or deceptive statement or representation; or\n\t\t\tb. Identifies the mortgage lender or mortgage broker by any name other than the name set forth on the license issued by the Commission.","order_by":null,"text":{"0":{"id":223600,"text":"No mortgage lender or mortgage broker required to be licensed under this chapter shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":223601,"text":"Obtain any agreement or instrument in which blanks are left to be filled in after execution;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":223602,"text":"Take an interest in collateral other than the real estate or residential property securing a mortgage loan, including any fixtures and appliances thereon and any mobile or manufactured home placed on such real estate even if such mobile or manufactured home is not permanently affixed thereto;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":223603,"text":"Obtain any exclusive dealing or exclusive agency agreement from any borrower;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":223604,"text":"Delay closing of any mortgage loan for the purpose of increasing interest, costs, fees, or charges payable by the borrower;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":223605,"text":"Obtain any agreement or instrument executed by a borrower which contains an acceleration clause permitting the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal, submitting false information in connection with an application for the mortgage loan, breaching any representation or covenant made in the agreement or instrument, or failing to perform any other obligations undertaken in the agreement or instrument;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":223606,"text":"Recommend or encourage a person to default on an existing loan or other debt, if such default adversely affects such person&#8217;s creditworthiness, in connection with the solicitation or making of a mortgage loan that refinances all or any portion of such existing loan or debt;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":223607,"text":"Knowingly or intentionally engage in the act or practice of refinancing a mortgage loan within 12 months following the date the refinanced mortgage loan was originated, unless the refinancing is in the borrower&#8217;s best interest, which act or practice is commonly referred to as &#8220;flipping.&#8221; This prohibition shall apply regardless of whether the interest rate, points, fees, and charges paid or payable by the borrower in connection with the refinancing exceed any limitation established pursuant to Chapter 3 (&#xA7; 6.2-300 et seq.) or Article 2 (&#xA7; 6.2-406 et seq.) of Chapter 4. Factors to be considered in determining if the refinancing is in the borrower&#8217;s best interest include but are not limited to whether:\n\t\t\ta. The borrower&#8217;s new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;\n\t\t\tb. There is a change in the amortization period of the new loan;\n\t\t\tc. The borrower receives cash in excess of the costs and fees of refinancing;\n\t\t\td. The rate of interest on the borrower&#8217;s note is reduced;\n\t\t\te. There is a change from an adjustable to a fixed rate loan, taking into account costs and fees; and\n\t\t\tf. The refinancing is necessary to respond to a bona fide personal need or an order of an appropriate court; or","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":223608,"text":"Use or cause to be published any advertisement that:\n\t\t\ta. Contains any false, misleading, or deceptive statement or representation; or\n\t\t\tb. Identifies the mortgage lender or mortgage broker by any name other than the name set forth on the license issued by the Commission.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":13352,"edition_id":1,"name":"Mortgage Lenders and Mortgage Brokers","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13060,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":266007,"object_type":"structure","relational_id":13352,"identifier":"16","token":"6.2\/III\/16","url":"\/6.2\/III\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13060,"edition_id":1,"name":"Other Regulated Providers of Financial Services","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":265721,"object_type":"structure","relational_id":13060,"identifier":"III","token":"6.2\/III","url":"\/6.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71155,"structure_id":13352,"section_number":"6.2-1600","catch_line":"Definitions","url":"\/6.2-1600\/","token":"6.2\/III\/16\/6.2-1600","metadata":false},{"id":69139,"structure_id":13352,"section_number":"6.2-1601","catch_line":"License requirement","url":"\/6.2-1601\/","token":"6.2\/III\/16\/6.2-1601","metadata":false},{"id":81765,"structure_id":13352,"section_number":"6.2-1602","catch_line":"Persons exempt from chapter","url":"\/6.2-1602\/","token":"6.2\/III\/16\/6.2-1602","metadata":false},{"id":54762,"structure_id":13352,"section_number":"6.2-1603","catch_line":"Application for license; form; content; fee","url":"\/6.2-1603\/","token":"6.2\/III\/16\/6.2-1603","metadata":false},{"id":59504,"structure_id":13352,"section_number":"6.2-1604","catch_line":"Bond required","url":"\/6.2-1604\/","token":"6.2\/III\/16\/6.2-1604","metadata":false},{"id":54914,"structure_id":13352,"section_number":"6.2-1605","catch_line":"Investigation of applications","url":"\/6.2-1605\/","token":"6.2\/III\/16\/6.2-1605","metadata":false},{"id":73062,"structure_id":13352,"section_number":"6.2-1606","catch_line":"Qualifications","url":"\/6.2-1606\/","token":"6.2\/III\/16\/6.2-1606","metadata":false},{"id":81215,"structure_id":13352,"section_number":"6.2-1607","catch_line":"Licenses; places of business; changes","url":"\/6.2-1607\/","token":"6.2\/III\/16\/6.2-1607","metadata":false},{"id":76246,"structure_id":13352,"section_number":"6.2-1608","catch_line":"Acquisition of control; application","url":"\/6.2-1608\/","token":"6.2\/III\/16\/6.2-1608","metadata":false},{"id":54332,"structure_id":13352,"section_number":"6.2-1609","catch_line":"Retention of books, accounts and records","url":"\/6.2-1609\/","token":"6.2\/III\/16\/6.2-1609","metadata":false},{"id":61819,"structure_id":13352,"section_number":"6.2-1610","catch_line":"Periodic reports","url":"\/6.2-1610\/","token":"6.2\/III\/16\/6.2-1610","metadata":false},{"id":71555,"structure_id":13352,"section_number":"6.2-1611","catch_line":"Investigations; examinations","url":"\/6.2-1611\/","token":"6.2\/III\/16\/6.2-1611","metadata":false},{"id":82309,"structure_id":13352,"section_number":"6.2-1612","catch_line":"Annual fees","url":"\/6.2-1612\/","token":"6.2\/III\/16\/6.2-1612","metadata":false},{"id":66404,"structure_id":13352,"section_number":"6.2-1613","catch_line":"Regulations","url":"\/6.2-1613\/","token":"6.2\/III\/16\/6.2-1613","metadata":false},{"id":61182,"structure_id":13352,"section_number":"6.2-1614","catch_line":"Prohibitions applicable to mortgage lenders and mortgage brokers","url":"\/6.2-1614\/","token":"6.2\/III\/16\/6.2-1614","metadata":false},{"id":61213,"structure_id":13352,"section_number":"6.2-1615","catch_line":"Other prohibitions applicable to mortgage lenders","url":"\/6.2-1615\/","token":"6.2\/III\/16\/6.2-1615","metadata":false},{"id":80723,"structure_id":13352,"section_number":"6.2-1616","catch_line":"Other prohibitions applicable to mortgage brokers","url":"\/6.2-1616\/","token":"6.2\/III\/16\/6.2-1616","metadata":false},{"id":64232,"structure_id":13352,"section_number":"6.2-1617","catch_line":"Application to certain real estate brokers","url":"\/6.2-1617\/","token":"6.2\/III\/16\/6.2-1617","metadata":false},{"id":58328,"structure_id":13352,"section_number":"6.2-1618","catch_line":"Escrow accounts","url":"\/6.2-1618\/","token":"6.2\/III\/16\/6.2-1618","metadata":false},{"id":69878,"structure_id":13352,"section_number":"6.2-1619","catch_line":"Suspension or revocation of license","url":"\/6.2-1619\/","token":"6.2\/III\/16\/6.2-1619","metadata":false},{"id":72499,"structure_id":13352,"section_number":"6.2-1620","catch_line":"Censuring, suspending, or barring persons","url":"\/6.2-1620\/","token":"6.2\/III\/16\/6.2-1620","metadata":false},{"id":65038,"structure_id":13352,"section_number":"6.2-1621","catch_line":"Filing of written report with Commissioner; events affecting activities of licensee","url":"\/6.2-1621\/","token":"6.2\/III\/16\/6.2-1621","metadata":false},{"id":61967,"structure_id":13352,"section_number":"6.2-1622","catch_line":"Cease and desist orders","url":"\/6.2-1622\/","token":"6.2\/III\/16\/6.2-1622","metadata":false},{"id":85659,"structure_id":13352,"section_number":"6.2-1623","catch_line":"Notice of proposed suspension or revocation","url":"\/6.2-1623\/","token":"6.2\/III\/16\/6.2-1623","metadata":false},{"id":70740,"structure_id":13352,"section_number":"6.2-1624","catch_line":"Civil penalties","url":"\/6.2-1624\/","token":"6.2\/III\/16\/6.2-1624","metadata":false},{"id":82877,"structure_id":13352,"section_number":"6.2-1625","catch_line":"Criminal penalties","url":"\/6.2-1625\/","token":"6.2\/III\/16\/6.2-1625","metadata":false},{"id":83877,"structure_id":13352,"section_number":"6.2-1626","catch_line":"Authority of Attorney General; referral by Commission to Attorney General","url":"\/6.2-1626\/","token":"6.2\/III\/16\/6.2-1626","metadata":false},{"id":73847,"structure_id":13352,"section_number":"6.2-1627","catch_line":"Private actions","url":"\/6.2-1627\/","token":"6.2\/III\/16\/6.2-1627","metadata":false},{"id":73955,"structure_id":13352,"section_number":"6.2-1628","catch_line":"Enforcement of prohibitions on certain practices; recovery of attorney fees","url":"\/6.2-1628\/","token":"6.2\/III\/16\/6.2-1628","metadata":false},{"id":62961,"structure_id":13352,"section_number":"6.2-1629","catch_line":"Prohibited practices; authority of the Attorney General","url":"\/6.2-1629\/","token":"6.2\/III\/16\/6.2-1629","metadata":false}],"previous_section":{"id":66404,"structure_id":13352,"section_number":"6.2-1613","catch_line":"Regulations","url":"\/6.2-1613\/","token":"6.2\/III\/16\/6.2-1613","metadata":false},"next_section":{"id":61213,"structure_id":13352,"section_number":"6.2-1615","catch_line":"Other prohibitions applicable to mortgage lenders","url":"\/6.2-1615\/","token":"6.2\/III\/16\/6.2-1615","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1614\/","history_text":"<p>This law was first created in 1987. The record of its establishment is cataloged in chapter 596 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 667; in 1993, chapter 183; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0062\">62<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0228\">228<\/a>; in 2001, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0502\">502<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0510\">510<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0511\">511<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0386\">386<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0189\">189<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0261\">261<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0794\">794<\/a>.<\/p>","references":[{"id":83877,"section_number":"6.2-1626","catch_line":"Authority of Attorney General; referral by Commission to Attorney General","order_by":null,"url":"\/6.2-1626\/"},{"id":73955,"section_number":"6.2-1628","catch_line":"Enforcement of prohibitions on certain practices; recovery of attorney fees","order_by":null,"url":"\/6.2-1628\/"}],"refers_to":[{"id":61230,"section_number":"6.2-300","catch_line":"Definitions","order_by":null,"url":"\/6.2-300\/"},{"id":68627,"section_number":"6.2-406","catch_line":"Disclosure of terms of mortgage application","order_by":null,"url":"\/6.2-406\/"}],"permalink":{"id":266065,"object_type":"law","relational_id":61182,"identifier":"6.2-1614","token":"6.2\/III\/16\/6.2-1614","url":"\/6.2-1614\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-1614\/","token":"6.2\/III\/16\/6.2-1614","dublin_core":{"Title":"Prohibitions applicable to mortgage lenders and mortgage brokers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1614","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No <span class=\"dictionary\">mortgage lender<\/span> or <span class=\"dictionary\">mortgage broker<\/span> required to be licensed under this chapter shall:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Obtain any agreement or instrument in which blanks are left to be filled in after execution; <a id=\"paragraph-223601\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Take an interest in <span class=\"dictionary\">collateral<\/span> other than the real estate or <span class=\"dictionary\">residential property<\/span> securing a <span class=\"dictionary\">mortgage loan<\/span>, including any fixtures and appliances thereon and any mobile or manufactured home placed on such real estate even if such mobile or manufactured home is not permanently affixed thereto; <a id=\"paragraph-223602\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> Obtain any exclusive dealing or exclusive agency agreement from any borrower; <a id=\"paragraph-223603\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Delay closing of any <span class=\"dictionary\">mortgage loan<\/span> for the purpose of increasing interest, costs, fees, or charges payable by the borrower; <a id=\"paragraph-223604\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Obtain any agreement or instrument executed by a borrower which contains an acceleration clause permitting the unpaid balance of a <span class=\"dictionary\">mortgage loan<\/span> to be declared due for any reason other than failing to make timely payments of interest and <span class=\"dictionary\">principal<\/span>, submitting false information in connection with an application for the <span class=\"dictionary\">mortgage loan<\/span>, breaching any representation or covenant made in the agreement or instrument, or failing to perform any other obligations undertaken in the agreement or instrument; <a id=\"paragraph-223605\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Recommend or encourage a <span class=\"dictionary\">person<\/span> to <span class=\"dictionary\">default<\/span> on an existing loan or other debt, if such <span class=\"dictionary\">default<\/span> adversely affects such <span class=\"dictionary\">person<\/span>&#8217;s creditworthiness, in connection with the solicitation or making of a <span class=\"dictionary\">mortgage loan<\/span> that refinances all or any portion of such existing loan or debt; <a id=\"paragraph-223606\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Knowingly or intentionally engage in the act or practice of refinancing a <span class=\"dictionary\">mortgage loan<\/span> within 12 months following the date the refinanced <span class=\"dictionary\">mortgage loan<\/span> was originated, unless the refinancing is in the borrower&#8217;s best interest, which act or practice is commonly referred to as &#8220;flipping.&#8221; This prohibition shall apply regardless of whether the interest rate, points, fees, and charges paid or payable by the borrower in connection with the refinancing exceed any limitation established pursuant to Chapter 3 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/6.2-300\/\">6.2-300<\/a> et seq.) or Article 2 (&#xA7; <a class=\"law\" title=\"Disclosure of terms of mortgage application\" href=\"\/6.2-406\/\">6.2-406<\/a> et seq.) of Chapter 4. Factors to be considered in determining if the refinancing is in the borrower&#8217;s best interest include but are not limited to whether:\n\t\t\ta. The borrower&#8217;s new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;\n\t\t\tb. There is a change in the amortization period of the new loan;\n\t\t\tc. The borrower receives cash in excess of the costs and fees of refinancing;\n\t\t\td. The rate of interest on the borrower&#8217;s note is reduced;\n\t\t\te. There is a change from an adjustable to a fixed rate loan, taking into account costs and fees; and\n\t\t\tf. The refinancing is necessary to respond to a bona fide personal need or an <span class=\"dictionary\">order<\/span> of an appropriate <span class=\"dictionary\">court<\/span>; or <a id=\"paragraph-223607\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Use or cause to be published any advertisement that:\n\t\t\ta. Contains any false, misleading, or deceptive statement or representation; or\n\t\t\tb. Identifies the <span class=\"dictionary\">mortgage lender<\/span> or <span class=\"dictionary\">mortgage broker<\/span> by any name other than the name set forth on the license issued by the <span class=\"dictionary\">Commission<\/span>. <a id=\"paragraph-223608\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/6.2-1614\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROHIBITIONS APPLICABLE TO MORTGAGE LENDERS AND MORTGAGE BROKERS (\u00a7 6.2-1614)\n\nNo mortgage lender or mortgage broker required to be licensed under this chapter\nshall:\n\n1. Obtain any agreement or instrument in which blanks are left to be filled in\nafter execution;\n\n2. Take an interest in collateral other than the real estate or residential\nproperty securing a mortgage loan, including any fixtures and appliances thereon\nand any mobile or manufactured home placed on such real estate even if such\nmobile or manufactured home is not permanently affixed thereto;\n\n3. Obtain any exclusive dealing or exclusive agency agreement from any borrower;\n\n4. Delay closing of any mortgage loan for the purpose of increasing interest,\ncosts, fees, or charges payable by the borrower;\n\n5. Obtain any agreement or instrument executed by a borrower which contains an\nacceleration clause permitting the unpaid balance of a mortgage loan to be\ndeclared due for any reason other than failing to make timely payments of\ninterest and principal, submitting false information in connection with an\napplication for the mortgage loan, breaching any representation or covenant made\nin the agreement or instrument, or failing to perform any other obligations\nundertaken in the agreement or instrument;\n\n6. Recommend or encourage a person to default on an existing loan or other debt,\nif such default adversely affects such person&#8217;s creditworthiness, in\nconnection with the solicitation or making of a mortgage loan that refinances\nall or any portion of such existing loan or debt;\n\n7. Knowingly or intentionally engage in the act or practice of refinancing a\nmortgage loan within 12 months following the date the refinanced mortgage loan\nwas originated, unless the refinancing is in the borrower&#8217;s best interest,\nwhich act or practice is commonly referred to as &#8220;flipping.&#8221; This\nprohibition shall apply regardless of whether the interest rate, points, fees,\nand charges paid or payable by the borrower in connection with the refinancing\nexceed any limitation established pursuant to Chapter 3 (&#xA7; 6.2-300 et seq.)\nor Article 2 (&#xA7; 6.2-406 et seq.) of Chapter 4. Factors to be considered in\ndetermining if the refinancing is in the borrower&#8217;s best interest include\nbut are not limited to whether:\n\t\t\ta. The borrower&#8217;s new monthly payment is lower than the total of all\nmonthly obligations being financed, taking into account the costs and fees;\n\t\t\tb. There is a change in the amortization period of the new loan;\n\t\t\tc. The borrower receives cash in excess of the costs and fees of refinancing;\n\t\t\td. The rate of interest on the borrower&#8217;s note is reduced;\n\t\t\te. There is a change from an adjustable to a fixed rate loan, taking into\naccount costs and fees; and\n\t\t\tf. The refinancing is necessary to respond to a bona fide personal need or an\norder of an appropriate court; or\n\n8. Use or cause to be published any advertisement that:\n\t\t\ta. Contains any false, misleading, or deceptive statement or representation;\nor\n\t\t\tb. Identifies the mortgage lender or mortgage broker by any name other than\nthe name set forth on the license issued by the Commission.\n\nHISTORY: 1987, c. 596, \u00a7\u00a7 6.1-422, 6.1-424; 1989, c. 667; 1993, c. 183; 1995,\nc. 62; 1997, c. 228; 2001, cc. 502, 510, 511, \u00a7 6.1-422.1; 2003, c. 386; 2009,\ncc. 189, 261; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}