§ 7-407. Penalties

   (a) In general. -- Except as provided in subsections (b) and (c) of this section, a person who violates this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $ 5,000 or imprisonment not exceeding 10 years or both.

(b) Enhanced penalties -- Vulnerable adult victim. -- If a violation involves a victim who is a vulnerable adult as defined under § 3-604(a) of the Criminal Law Article, a person who violates this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $ 15,000 or imprisonment not exceeding 15 years or both.

(c) Enhanced penalties -- Pattern of mortgage fraud or conspiracy. -- If a violation involves engaging or participating in a pattern of mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of mortgage fraud, a person who violates this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $ 100,000 or imprisonment not exceeding 20 years or both.

(d) Restitution. --

   (1) A person convicted of violating this subtitle shall pay restitution to any person damaged by the violation.

   (2) Restitution shall be ordered in addition to a fine or imprisonment or both.

(e) Separate offenses. -- Each residential real property transaction subject to a violation of this subtitle constitutes a separate offense, and shall not merge with any other crimes set forth in the Criminal Law Article.

(f) Applicability of § 5-106(b) of the Courts Article. -- A person who violates this subtitle is subject to § 5-106(b) of the Courts Article.

HISTORY: 2008, chs. 3, 4.