Section 957. Enforcement; penalties  


Latest version.
  • 1. The attorney general may enforce the
      provisions  of  section  nine  hundred  fifty-three,  subdivision one of
      section nine hundred fifty-five, or  subdivision  two  of  section  nine
      hundred  fifty-six of this title by exercising the powers granted to him
      or her by subdivision twelve of section  sixty-three  of  the  executive
      law.
        2.  Whenever the court shall determine that a defendant has engaged in
      repeated fraudulent or illegal acts, as defined in subdivision twelve of
      section sixty-three of the executive law, in violation of  section  nine
      hundred  fifty-three, subdivision one of section nine hundred fifty-five
      or subdivision two of section nine hundred fifty-six of this title,  the
      court  may  impose a civil penalty of not more than one thousand dollars
      for each violation of subdivision one,  two  or  four  of  section  nine
      hundred  fifty-three, subdivision one of section nine hundred fifty-five
      or subdivision two of section nine hundred fifty-six of this  title  and
      not   more  than  two  hundred  fifty  dollars  for  each  violation  of
      subdivision three, five, six, seven,  eight  or  nine  of  section  nine
      hundred  fifty-three  of  this  title,  unless  the defendant shows by a
      preponderance of the evidence that the violation resulted  from  a  bona
      fide error made notwithstanding the maintenance of procedures reasonably
      adopted to avoid any such error.
        3.  In  connection  with  any  such proposed application, the attorney
      general is authorized to take proof and  make  a  determination  of  the
      relevant  facts  and  to  issue  subpoenas  in accordance with the civil
      practice law and rules.
        4. Nothing in this section shall preclude a mortgagor  from  obtaining
      any  relief or remedy at law or in equity to which such mortgagor may be
      entitled,  including  those  remedies  and  relief   provided   for   in
      subdivision one of section nine hundred fifty-six of this title.