N.M. Stat. § 58-21-28
Enforcement.
A. In order to ensure the effective supervision and enforcement of the Mortgage
Loan Company Act, the director may:
(1)
deny, suspend, revoke or decline to renew a license for a violation of that
act, rules issued pursuant to that act or order or directive entered pursuant to that act;
(2)
deny, suspend, revoke or decline to renew a license if an applicant or
licensee fails at any time to meet the requirements of licensing pursuant to that act or
rules issued pursuant to that act;
(3)
order restitution against persons subject to that act for violations of that
act;
(4)
impose fines on persons subject to that act pursuant to Subsections B
through D of this section;
(5)
order or direct such other affirmative action as the director deems
necessary;
(6)
deny the person's license application or suspend or revoke the person's
license in New Mexico as a mortgage loan company;
(7)
award damages to the injured party in double the amount of fees charged
by the mortgage loan company for originating, brokering, negotiating or making a loan
within the jurisdiction of that act;
(8)
issue orders or directives pursuant to that act as follows:
(a) order or direct persons subject to that act to cease and desist from
conducting business, including immediate temporary orders to cease and desist;
(b) order or direct persons subject to that act to cease and desist any harmful
activities or violations of that act, including immediate temporary orders to cease and
desist; and
(c) enter immediate temporary orders to cease business under a license
issued pursuant to the authority granted pursuant to that act if the director determines
that such license was erroneously granted or the licensee is currently in violation of that
act; and
(9)
initiate one or more of the actions specified in Section 58-21-29 NMSA
1978, as applicable.
B. The director may impose a civil penalty on a mortgage loan company or person
subject to the Mortgage Loan Company Act if the director finds, on the record after
notice and opportunity for hearing, that the mortgage loan company or person subject to
that act has violated or failed to comply with any requirement of that act or any rule
adopted by the director pursuant to that act or order issued pursuant to that act.
C. The maximum amount of penalty for each act or omission described in Section
58-21-8 NMSA 1978 shall be twenty-five thousand dollars ($25,000).
D. Each violation or failure to comply with any directive or order of the director is a
separate and distinct violation or failure.