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5-18-14
Section 5-18-14 Conduct of other business in office of licensee; loan business confined to
licensed offices; acceptance of liens on real estate as security for loans. (a) Other business
in same office. - No licensee shall conduct the business of making loans under this chapter
within any office, suite, room or place of business in which any other business is solicited
or engaged in or in association or conjunction with any other business until three days' written
notice of an intention so to do has been given the supervisor. Upon receipt of written notification,
the supervisor may investigate the facts and, if he finds that the character of the licensee
and the nature of the other business warrant belief that such conduct of business would conceal
violation or evasion of this chapter or of regulations lawfully made hereunder, he shall enter
an order directing the licensee to discontinue said other business. The order shall be entered
in the manner specified in and subject to the...
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34-27-2
Section 34-27-2 Definitions; exemptions from chapter. (a) For purposes of Articles 1 and 2
of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) ASSOCIATE BROKER. Any broker other than a qualifying broker. (2) BROKER. Any person licensed
as a real estate broker under Articles 1 and 2 of this chapter. (3) COMMISSION. The Alabama
Real Estate Commission, except where the context requires that it means the fee paid to a
broker or salesperson. (4) COMMISSIONER. A member of the commission. (5) COMPANY. Any sole
proprietorship, corporation, partnership, branch office, or lawfully constituted business
organization as the Legislature may provide for from time to time, which is licensed as a
company under Articles 1 and 2 of this chapter. (6) ENGAGE. Contractual relationships between
a qualifying broker and an associate broker or salesperson licensed under him or her whether
the relationship is employer-employee, independent contractor, or...
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5-25-5
Section 5-25-5 Application for license. (a) An application for a license under this chapter
shall be made in writing, under oath, and in the form as the department may prescribe. (b)
The application shall include all of the following: (1) The legal name, business address,
and telephone number of the applicant and, if the applicant is a partnership, association,
corporation, or other group of individuals, however organized, the legal name, residence,
and business address of every principal, together with the resume of the applicant and of
every principal of the applicant. (2) The name under which the applicant will conduct business
in the state. (3) The complete address of the applicant's initial registered office and any
other locations at which the applicant will engage in any business activity covered by this
chapter. (4) Any other data, financial statements, and pertinent information as the department
may require with respect to the applicant, its directors, principals, trustees,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-25-5.htm - 4K - 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...
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5-25-2
Section 5-25-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) BORROWER. A natural person who submits an application for a loan secured
by a first or subordinate mortgage or deed of trust on a single-family to four-family home
to be occupied by the borrower as the borrower's primary residence. (2) COMMITMENT. A written
statement by a lender that sets forth the terms and conditions upon which the lender is willing
to make a particular mortgage loan to a particular borrower. A good faith estimate provided
under the Federal Real Estate Settlement Procedures Act is not a commitment for the purposes
of Act 2009-624. (3) CONTROL. The direct or indirect possession of the power to direct or
cause the direction of the management and policies of a person, whether through the ownership
of voting securities, by contract, or otherwise, and shall include the terms controlling,
controlled by, and under common control with. (4) DEPARTMENT. The...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-31.htm - 10K - Match Info - Similar pages
35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for any assessment
and any other moneys due the association for special assessments or services or charges, such
as water or repairs, levied against that unit or fines imposed against its unit owner from
the time the assessment or fine becomes due. The association's lien may be foreclosed in like
manner as a mortgage on real estate provided the declaration is in conformity with Article
1A of Chapter 10 of this title and subject to the rights under Article 14A of Chapter 5 of
Title 6. The association shall send reasonable advance notice of its proposed action to the
unit owner and all lienholders of record of the unit. Unless the declaration otherwise provides,
fees, charges, late charges, fines, and interest charged pursuant to Section 35-8A-302(a)(10),
(11), and (12) are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien...
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5-19-22
Section 5-19-22 License to engage in business of making consumer loans or taking assignments
of consumer credit contracts - Required; exceptions; application; investigation; standards
for issuance; hearing; licensing under Small Loan Act; fees; participation in Nationwide Mortgage
Licensing System and Registry. (a) No creditor shall engage in any one or more of the following
activities without first having obtained a license from the administrator: (1) Making consumer
loans to Alabama residents, regardless of whether the creditor has a place of business in
Alabama or an employee residing in Alabama. (2) Making consumer loans originated by an individual
required to be licensed as a mortgage loan originator under the Alabama Secure and Fair Enforcement
for Mortgage Licensing Act of 2009. (3) Taking assignments of consumer credit contracts, either
from a place of business in Alabama or through use of an employee residing in Alabama whose
employment includes taking assignments of consumer...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-22.htm - 7K - Match Info - Similar pages
34-27-7
Section 34-27-7 Real Estate Commission - Created; composition; qualifications of members; appointment;
terms; compensation; organization; executive director and assistant executive director generally;
seal; records; immunity from suit. (a) There is created the Alabama Real Estate Commission.
The commission shall consist of nine members appointed by the Governor with the advice and
consent of the Senate as hereinafter provided. The Governor's appointments to the commission,
except for the appointment of the consumer member made pursuant to subsection (e), shall be
made from a list of three persons nominated by the governing body of the Alabama Professional
Real Estate Society or trade association which has the largest licensee membership, as evidenced
by the filing of a verified list of paid members with the Secretary of State within 10 days
of April 6, and annually by December 31 of each year thereafter. At least one of the persons
nominated for each commission seat shall not be a...
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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-9A-102.htm - 29K - Match Info - Similar pages
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