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A New York person makes mortgage loans in 2026 with neither a license nor an exemption. What criminal classification applies to the unlicensed lending?

Correct Answer

B) Guilty of a class A misdemeanor under the article

Whoever violates the licensing requirements by making a mortgage loan without being licensed or specifically exempted, or soliciting, processing, placing or negotiating a mortgage loan without being registered or specifically exempted, shall be guilty of a class A misdemeanor. Other choices: the exposure is criminal as well as civil; it is a misdemeanor rather than a felony; and it is punishable under the penal law rather than by fine alone. Source: N.Y. Banking Law § 598(2)

Answer Options
A
Subject to civil penalties only, because the licensing requirement is enforced by the superintendent through the administrative remedies that the article provides
B
Guilty of a class A misdemeanor under the article
C
Guilty of a violation punishable by fine alone
D
Guilty of a class E felony under the article

Why This Is the Correct Answer

Whoever violates the licensing requirements by making a mortgage loan without being licensed or specifically exempted, or soliciting, processing, placing or negotiating a mortgage loan without being registered or specifically exempted, shall be guilty of a class A misdemeanor. Other choices: the exposure is criminal as well as civil; it is a misdemeanor rather than a felony; and it is punishable under the penal law rather than by fine alone. Source: N.Y. Banking Law § 598(2)

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