45-746. Enforcement of act; director; powers; construction of act; failure to comply with act; effect.
181 words·~1 min read·
/ne/chapter-45/45-746A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The director may request the Attorney General to enforce the Residential Mortgage Licensing Act. A civil enforcement action by the Attorney General may be filed in the district court of Lancaster County. A civil enforcement action by the Attorney General may seek temporary and permanent injunctive relief, restitution for a borrower aggrieved by a violation of the act, and costs for the investigation and prosecution of the enforcement action.
(2)Except when expressly authorized, there shall be no private cause of action for any violation of the act.
(3)Nothing in the act shall limit any statutory or common-law right of any person to bring any action in any court for any act involved in the mortgage banking business or the right of the state to punish any person for any violation of law.
(4)Failure to comply with the act shall not affect the validity or enforceability of any residential mortgage loan. A person acquiring a residential mortgage loan or an interest in a residential mortgage loan is not required to ascertain the extent of compliance with the act.