6.1-430 - (Repealed effective October 1, 2010) Authority of the Attorney General; referral by Commission to Attorney General. - Virginia Statutes

§ 6.1-430. (Repealed effective October 1, 2010) Authority of the AttorneyGeneral; referral by Commission to Attorney General.

A. If the Commission determines that a mortgage lender or broker licensedunder this chapter is in violation, or has violated, any provision ofArticles 3 (§ 6.1-330.53 et seq.) through 12 (§ 6.1-330.80 et seq.) ofChapter 7.3 of this title or § 6.1-422 or 6.1-422.1, the Commission may referthe information to the Attorney General and may request that the AttorneyGeneral investigate such violations. In the case of such referral, theAttorney General is hereby authorized to seek to enjoin violations of suchlaws. The circuit court having jurisdiction may enjoin such violationsnotwithstanding the existence of an adequate remedy at law.

Upon such referral of the Commission, the Attorney General may also seek, andthe circuit court may order or decree damages and such other relief allowedby law, including restitution to the extent available to borrowers underapplicable law. Persons entitled to any relief as authorized by this sectionshall be identified by order of the court within 180 days from the date ofthe order permanently enjoining the unlawful act or practice.

In any action brought by the Attorney General by virtue of the authoritygranted in this provision, the Attorney General shall be entitled to seekattorney's fees and costs.

B. The Attorney General shall be authorized to bring an action to enjoinviolations of the Real Estate Settlement Procedures Act of 1974 (RESPA), 12U.S.C. § 2601 et seq., to the extent authorized by §§ 8 and 16 of RESPA, 12U.S.C. §§ 2607 and 2614.

(1987, c. 596; 2001, c. 510; 2008, c. 863; 2009, cc. 204, 727.)