{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-1629.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-1629.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-1629.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-1629.html"}],"law_id":62961,"edition_id":1,"section_id":62961,"structure_id":13352,"section_number":"6.2-1629","catch_line":"Prohibited practices; authority of the Attorney General","history":"2009, cc. 204, 727, \u00a7 6.1-430.1; 2010, c. 794.","full_text":"A\n\nNotwithstanding whether a person is licensed, is required to be licensed, or is exempt from licensure under this chapter, and notwithstanding any other provision of the law to the contrary, no person that is engaged in the business of originating residential mortgage loans in the Commonwealth shall use any deception, fraud, false pretense, false promise, or misrepresentation in connection with a mortgage loan transaction.B\n\nWhenever the Attorney General has reasonable cause to believe that any person has engaged in, or is engaging in, or is about to engage in, any violation of this section, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to civil investigative demands issued pursuant to this section.C\n\nThe Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of this section. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages or intent be proved to establish a violation. The standard of proof at trial shall be preponderance of the evidence. The circuit courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this section.D\n\nIn any action brought under this section, if the court finds that a person has willfully engaged in a violation of this section, the Attorney General may recover, upon petition to the court, a civil penalty of not more than $2,500 per violation.E\n\nIn any action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of borrowers injured by violations of this section as well as costs and reasonable expenses incurred by the Commonwealth in investigation and preparing the case, including attorney fees.F\n\nUnless the Attorney General determines that a person subject to the provisions of this section intends to depart from the Commonwealth or to remove his property from the Commonwealth, or to conceal himself or his property in the Commonwealth, or on a reasonable determination that irreparable harm may occur if immediate action is not taken, the Attorney General shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated, and allow such person a reasonable opportunity to appear before the Attorney General and show that a violation did not occur or execute an assurance of voluntary compliance or consent judgment.G\n\nNothing in this section shall create a private right of action in favor of any individual aggrieved by a violation of this section.","order_by":null,"text":{"0":{"id":229687,"text":"Notwithstanding whether a person is licensed, is required to be licensed, or is exempt from licensure under this chapter, and notwithstanding any other provision of the law to the contrary, no person that is engaged in the business of originating residential mortgage loans in the Commonwealth shall use any deception, fraud, false pretense, false promise, or misrepresentation in connection with a mortgage loan transaction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229688,"text":"Whenever the Attorney General has reasonable cause to believe that any person has engaged in, or is engaging in, or is about to engage in, any violation of this section, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to civil investigative demands issued pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229689,"text":"The Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of this section. The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages or intent be proved to establish a violation. The standard of proof at trial shall be preponderance of the evidence. The circuit courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229690,"text":"In any action brought under this section, if the court finds that a person has willfully engaged in a violation of this section, the Attorney General may recover, upon petition to the court, a civil penalty of not more than $2,500 per violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229691,"text":"In any action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of borrowers injured by violations of this section as well as costs and reasonable expenses incurred by the Commonwealth in investigation and preparing the case, including attorney fees.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229692,"text":"Unless the Attorney General determines that a person subject to the provisions of this section intends to depart from the Commonwealth or to remove his property from the Commonwealth, or to conceal himself or his property in the Commonwealth, or on a reasonable determination that irreparable harm may occur if immediate action is not taken, the Attorney General shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated, and allow such person a reasonable opportunity to appear before the Attorney General and show that a violation did not occur or execute an assurance of voluntary compliance or consent judgment.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":229693,"text":"Nothing in this section shall create a private right of action in favor of any individual aggrieved by a violation of this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1629\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 204<\/a> and 727<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2010, chapter 794<\/a>.<\/p>","references":false,"refers_to":[{"id":84942,"section_number":"59.1-9.10","catch_line":"Investigation by Attorney General of suspected violations; civil investigative demand to witnesses; access to business records, etc","order_by":null,"url":"\/59.1-9.10\/"}],"permalink":{"id":266125,"object_type":"law","relational_id":62961,"identifier":"6.2-1629","token":"6.2\/III\/16\/6.2-1629","url":"\/6.2-1629\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-1629\/","token":"6.2\/III\/16\/6.2-1629","dublin_core":{"Title":"Prohibited practices; authority of the Attorney General","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1629","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding whether a person<\/span> is licensed, is required to be licensed, or is exempt from licensure under this chapter, and notwithstanding any other provision of the law<\/span> to the contrary, no person<\/span> that is engaged in the business of originating residential mortgage loans<\/span> in the Commonwealth shall use any deception, fraud<\/span>, false pretense<\/span>, false promise, or misrepresentation in connection with a mortgage loan<\/span> transaction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever the Attorney General<\/span> has reasonable cause to believe that any person<\/span> has engaged in, or is engaging in, or is about to engage in, any violation of this section, the Attorney General<\/span> is empowered to issue<\/span> a civil investigative demand. The provisions of § 59.1-9.10<\/a> shall apply, mutatis mutandis<\/span>, to civil investigative demands issued pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Attorney General<\/span> may cause an action to be brought in the appropriate circuit<\/span> court<\/span> in the name of the Commonwealth to enjoin any violation of this section. The circuit<\/span> court<\/span> having jurisdiction<\/span> may enjoin such violations notwithstanding the existence of an adequate remedy at law<\/span>. In any action under this section, it shall not be necessary that damages<\/span> or intent<\/span> be proved to establish a violation. The standard of proof<\/span> at trial<\/span> shall be preponderance of the evidence<\/span>. The circuit<\/span> courts<\/span> are authorized to issue<\/span> temporary or permanent injunctions<\/span> to restrain and prevent violations of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any action brought under this section, if the court<\/span> finds that a person<\/span> has willfully engaged in a violation of this section, the Attorney General<\/span> may recover, upon petition<\/span> to the court<\/span>, a civil penalty<\/span> of not more than $2,500 per violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In any action brought under this section, the Attorney General<\/span> may recover damages<\/span> and such other relief allowed by law<\/span>, including restitution<\/span> on behalf of borrowers injured by violations of this section as well as costs and reasonable expenses incurred by the Commonwealth in investigation and preparing the case, including attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Unless the Attorney General<\/span> determines that a person<\/span> subject to the provisions of this section intends to depart from the Commonwealth or to remove his property from the Commonwealth, or to conceal himself or his property in the Commonwealth, or on a reasonable determination that irreparable harm may occur if immediate action is not taken, the Attorney General<\/span> shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated, and allow such person<\/span> a reasonable opportunity to appear before the Attorney General<\/span> and show that a violation did not occur or execute an assurance of voluntary compliance or consent judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall create a private right of action in favor of any individual aggrieved by a violation of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED PRACTICES; AUTHORITY OF THE ATTORNEY GENERAL (\u00a7 6.2-1629)\n\nA. Notwithstanding whether a person is licensed, is required to be licensed, or\nis exempt from licensure under this chapter, and notwithstanding any other\nprovision of the law to the contrary, no person that is engaged in the business\nof originating residential mortgage loans in the Commonwealth shall use any\ndeception, fraud, false pretense, false promise, or misrepresentation in\nconnection with a mortgage loan transaction.\n\nB. Whenever the Attorney General has reasonable cause to believe that any person\nhas engaged in, or is engaging in, or is about to engage in, any violation of\nthis section, the Attorney General is empowered to issue a civil investigative\ndemand. The provisions of § 59.1-9.10 shall apply, mutatis mutandis, to\ncivil investigative demands issued pursuant to this section.\n\nC. The Attorney General may cause an action to be brought in the appropriate\ncircuit court in the name of the Commonwealth to enjoin any violation of this\nsection. The circuit court having jurisdiction may enjoin such violations\nnotwithstanding the existence of an adequate remedy at law. In any action under\nthis section, it shall not be necessary that damages or intent be proved to\nestablish a violation. The standard of proof at trial shall be preponderance of\nthe evidence. The circuit courts are authorized to issue temporary or permanent\ninjunctions to restrain and prevent violations of this section.\n\nD. In any action brought under this section, if the court finds that a person\nhas willfully engaged in a violation of this section, the Attorney General may\nrecover, upon petition to the court, a civil penalty of not more than $2,500 per\nviolation.\n\nE. In any action brought under this section, the Attorney General may recover\ndamages and such other relief allowed by law, including restitution on behalf of\nborrowers injured by violations of this section as well as costs and reasonable\nexpenses incurred by the Commonwealth in investigation and preparing the case,\nincluding attorney fees.\n\nF. Unless the Attorney General determines that a person subject to the\nprovisions of this section intends to depart from the Commonwealth or to remove\nhis property from the Commonwealth, or to conceal himself or his property in the\nCommonwealth, or on a reasonable determination that irreparable harm may occur\nif immediate action is not taken, the Attorney General shall, before initiating\nany legal proceedings as provided in this section, give notice in writing that\nsuch proceedings are contemplated, and allow such person a reasonable\nopportunity to appear before the Attorney General and show that a violation did\nnot occur or execute an assurance of voluntary compliance or consent judgment.\n\nG. Nothing in this section shall create a private right of action in favor of\nany individual aggrieved by a violation of this section.\n\nHISTORY: 2009, cc. 204, 727, \u00a7 6.1-430.1; 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}}