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§59-2091.
§59-2091.
A. 1. There is hereby created in the State Treasury a revolving fund
for the Commission on Consumer Credit to be designated the "Oklahoma
Mortgage Brokers Recovery Fund". The fund shall consist of monies
received by the Administrator of Consumer Credit as license fees,
application fees and any administrative fines imposed pursuant to the
Mortgage Broker Licensure Act.
2. The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the administrative direction of
the Administrator. Monies accruing to the credit of this fund are
hereby appropriated and may be budgeted and expended by the
Commission, pursuant to rules promulgated by the Commission, for the
purposes specified in subsection B of this section and for
reimbursement or payment of any direct and indirect administrative
expenses incurred by the Commission. The provisions of this paragraph
shall have retroactive and prospective application.
3. Expenditures from the fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with the
Director of State Finance for approval and payment.
B. 1. Subject to the limitations of this subsection, monies in the
fund shall be used to reimburse any person in an amount not to exceed
Five Thousand Dollars ($5,000.00) who has been adjudged by a court of
competent jurisdiction to have suffered monetary damages by a person
required to have a license under the Mortgage Broker Licensure Act in
any transaction or series of transactions for which a license is
required under the Mortgage Broker Licensure Act because of the
acquisition of money or property by fraud, misrepresentation, deceit,
false pretenses, artifice, trickery, or by any other act which would
constitute a violation of the Mortgage Broker Licensure Act.
2. Payments for claims based on judgments against any one person
required to have a license under this act shall not exceed in the
aggregate Thirty Thousand Dollars ($30,000.00).
3. Payments for claims may only be made for a cause of action which
has accrued on or after November 1, 1997, and which has accrued not
more than two (2) years prior to filing the action in district court.
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