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13A-9-130
Section 13A-9-130 Residential mortgage fraud. (a) This article shall be known and may be cited
as the Alabama Residential Mortgage Fraud Act. (b) For the protection of the general public,
including borrowers and lending institutions, and for the integrity of the mortgage lending
process, the Legislature enacts the "Alabama Residential Mortgage Fraud Act." (c)(1)
An individual commits the offense of residential mortgage fraud when with the intent to defraud,
he or she does any of the following: a. Knowingly makes any material deliberate misstatement
or misrepresentation, knowing the same to be a misstatement or misrepresentation during the
mortgage lending process with the specific intention that it be relied on by a mortgage broker,
mortgage lender, mortgage servicer, mortgage processor, borrower, or any other party to the
mortgage lending process. b. Knowingly uses or facilitates the use of any material deliberate
and known misstatement or misrepresentation knowing the same to contain...
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22-24-7
Section 22-24-7 Well driller's license - Refusal, suspension or revocation. (a) A license may
be refused or a license duly issued may be suspended or revoked, or the renewal thereof refused
by the board, if, after notice and hearing as provided in this section, it finds that the
applicant for, or holder of, such license: (1) Is unable to present evidence of his qualifications
suitable to the board; (2) Has intentionally made a material misstatement in the application
for such license; (3) Has willfully violated any provision of this chapter; (4) Has obtained,
or attempted to obtain, such license by fraud or misrepresentation; (5) Has been guilty of
fraudulent or dishonest practices; or (6) Has demonstrated lack of competence as a driller
of water wells. (b) Before any license shall be refused, or suspended or revoked, or the renewal
thereof refused, under this section, the board shall give notice of its intention to do so
by registered or certified mail to the applicant for, or holder...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-24-7.htm - 2K - Match Info - Similar pages
34-9-18
or similar circumstances or the doing of that which a reasonably prudent practitioner would
not have done under the same or similar circumstances. b. For the purposes of this subdivision,
gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious
disregard for the rights or safety of others, or conduct that is so deliberate, outrageous,
and callous as to display total indifference to the health or safety of a patient, that could
result in serious bodily injury or death. (7) Is guilty of employing, allowing, or
permitting any unlicensed person or persons to perform any work in his or her office which,
under this chapter, can only be legally done by a person or persons holding a license to practice
dentistry or dental hygiene. (8) Willfully or negligently violates the rules of the State
Department of Health or of the board regarding sanitation. (9) Is guilty of division of fees,
or agreeing to split or divide the fee received for dental service with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-9-18.htm - 9K - Match Info - Similar pages
5-26-17
Section 5-26-17 Prohibited acts and practices. It is a violation of this chapter for a person
or individual subject to this chapter to: (1) Obtain property by intentional fraud or intentional
misrepresentation; (2) Solicit or enter into a contract with a borrower that provides in substance
that the person or individual subject to this chapter may earn a fee or commission through
"best efforts" to obtain a loan even though no loan is actually obtained for the
borrower; (3) Conduct any business covered by this chapter without holding a valid license
if required under this chapter; (4) Fail to make disclosures as required by this chapter;
(5) Fail to comply with this chapter or rules or regulations promulgated under this chapter;
(6) Collect, charge, or attempt to collect or charge any fee prohibited by this chapter; or
(7) Fail to account for monies belonging to a party to a residential mortgage loan transaction,
as required by law or regulation. (Act 2009-627, p. 1907, ยง17.)...
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5-26-3
by the Farm Credit Administration; and (b) Is registered with, and maintains a unique identifier
through, the Nationwide Mortgage Licensing System and Registry, or if prior to the Federal
Banking Agencies establishing a registration system, would be subject to registration under
the registration system when established by the Federal Banking Agencies and then would maintain
a unique identifier. (12) RESIDENTIAL MORTGAGE LOAN. The term "residential mortgage loan"
means any loan primarily for personal, family, or household use that is secured by
a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling
(as defined in Section 103(v) of the Truth in Lending Act) or residential real estate upon
which is constructed or intended to be constructed a dwelling. (13) RESIDENTIAL REAL ESTATE.
The term "residential real estate" means any real property located in Alabama, upon
which is constructed or intended to be constructed a dwelling. (14) SUPERVISOR. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-26-3.htm - 7K - Match Info - Similar pages
13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-9-150.htm - 12K - Match Info - Similar pages
27-1-17
Section 27-1-17 Limitation periods for payment of claims; overdue claims; retroactive denials,
adjustments, etc.; penalties. (a) Each insurer, health service corporation, and health benefit
plan that issues or renews any policy of accident or health insurance providing benefits for
medical or hospital expenses for its insured persons shall pay for services rendered by Alabama
health care providers within 45 calendar days upon receipt of a clean written claim or 30
calendar days upon receipt of a clean electronic claim. If the insurer, health service corporation,
or health benefit plan is denying or pending the claim, the insurer, health service corporation,
or health benefit plan shall, within 45 calendar days for a written claim and 30 calendar
days for an electronic claim, notify the health care provider or certificate holder of the
reason for denying or pending the claim and what, if any, additional information is required
to process the claim. Any undisputed portion of the claim...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-1-17.htm - 17K - Match Info - Similar pages
34-25B-18
Section 34-25B-18 Suspension, revocation, etc., of license; penalties. (a) The board may suspend,
revoke, or refuse to issue or renew any license issued by it upon finding that the holder
or applicant has committed any of the following acts: (1) A violation of this chapter or any
rule promulgated pursuant to this chapter. (2) Fraud, deceit, or misrepresentation regarding
an application or license. (3) Knowingly and willfully making a material misstatement in connection
with an application for a license or renewal. (4) A conviction by a court of competent jurisdiction
of a felony. (5) A conviction by a court of competent jurisdiction of a Class A misdemeanor,
if the board finds that the conviction reflects unfavorably on the fitness of the person for
the license. (6) The commission of any act which would have been cause for refusal to issue
the license or identification card had it existed and been known to the board at the time
of issuance. (b) In addition to, or in lieu of, any other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-25B-18.htm - 1K - Match Info - Similar pages
5-26-2
Section 5-26-2 Legislative findings. The activities of mortgage loan originators and the origination
or offering of financing for residential real property have a direct, valuable, and immediate
impact upon Alabama's consumers, Alabama's economy, the neighborhoods and communities of Alabama,
and the housing and real estate industry. The Legislature finds that accessibility to mortgage
credit is vital to the state's citizens. The Legislature also finds that it is essential for
the protection of the citizens of Alabama and the stability of Alabama's economy that reasonable
standards for licensing and regulation of the business practices of mortgage loan originators
be imposed. Therefore the Legislature establishes within this chapter: (a) SYSTEM OF SUPERVISION
AND ENFORCEMENT. An effective system of supervision and enforcement of the mortgage lending
industry, including: (i) The authority to issue licenses to conduct business under this chapter,
including the authority to write rules or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-26-2.htm - 2K - Match Info - Similar pages
5-26-8
Section 5-26-8 Testing of loan originators. (1) In general. In order to meet the written test
requirement referred to in Section 5-26-6(5), an individual shall pass, in accordance with
the standards established under this subsection, a qualified written test developed by the
Nationwide Mortgage Licensing System and Registry and administered by a test provider approved
by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.
(2) Qualified test. A written test shall not be treated as a qualified written test for purposes
of subsection (1) unless the test adequately measures the applicant's knowledge and comprehension
in appropriate subject areas, including: (a) Ethics; (b) Federal law and regulation pertaining
to mortgage origination; (c) State law and regulation pertaining to mortgage origination;
(d) Federal and state law and regulation, including instruction on fraud, consumer protection,
the nontraditional mortgage marketplace, and fair lending...
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