(1) There is hereby created in the state treasury the mortgage recovery fund.
(2) As provided in section 26-31-112, Idaho Code, the mortgage recovery fund shall be used to reimburse persons to whom an Idaho court awards actual damages resulting from acts constituting violations of this chapter by a mortgage broker, mortgage lender or mortgage loan originator who was licensed, or required to be licensed, under this chapter at the time that the act was committed.
(3) A recovery from the mortgage recovery fund shall not include punitive damages awarded by a court.
(4) Payments from the mortgage recovery fund may not be made to: Any lender whose acts, or the acts of its agent, were found by a court to be violations of this chapter and a basis of the court’s award of a money judgment to a person injured by such violations;
(5) Any person who acquires a mortgage loan where acts associated with the origination of such loan are found by a court to be violations of this chapter and a basis for a judgment obtained by a person injured by such violations; or
(6) The spouse, the personal representative of the spouse of the judgment debtor or the personal representative of the judgment debtor.