Code of Alabama

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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-26-17.htm - 1K - Match Info - Similar pages

27-41-29
Section 27-41-29 Particular investments - Bonds, etc., secured by mortgages or deeds of trust
on real property, etc., generally. An insurer may invest in: (1) Bonds, notes, or other evidences
of indebtedness which are secured by a first mortgage lien or deed of trust upon unencumbered
improved real property located in the United States or Canada, including leasehold estates
in such real estate having an unexpired term (inclusive of the term or terms which may be
provided by options of renewal) of not less than 10 years beyond the final maturity of the
loan. Unless guaranteed or insured by the Administrator of Veterans Affairs, the Secretary
of Housing and Urban Development, or by a mortgage guaranty insurance policy issued by an
insurance company licensed and authorized to do business by and in the State of Alabama, no
such mortgage loan or loans when made shall exceed 75 percent of the fair value of the real
estate or leasehold, except that loans made on single family dwellings shall...
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5-26-13
Section 5-26-13 Enforcement authorities, violations, and penalties. (1) In order to ensure
the effective supervision and enforcement of this chapter the supervisor may: (a) Deny, suspend,
revoke, condition, or decline to renew a license for a violation of this chapter, rules or
regulations issued under this chapter or order or directive entered under this chapter, or
for failure to comply with any other state or federal law, including the rules and regulations
thereunder, applicable to any business authorized or conducted under this act. (b) Deny, suspend,
revoke, condition, or decline to renew a license if an applicant or licensee fails at any
time to meet the requirements of Section 5-26-6 or Section 5-26-9, or withholds information
or makes a material misstatement in an application for a license or renewal of a license.
(c) Order restitution against persons subject to this chapter for violations of this chapter.
(d) Impose fines on persons subject to this chapter pursuant to...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-36.htm - 12K - Match Info - Similar pages

37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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10A-20-7.02
Section 10A-20-7.02 Incorporation. (a) Five or more financial institutions or persons, a majority
of whom shall be residents of this state, who may desire to create an industrial development
corporation under the provisions of this article for the purpose of promoting, developing,
and advancing the prosperity and economic welfare of the state and, to that end, to exercise
the powers and privileges provided in this article may be incorporated by delivering to the
Secretary of State for filing a certificate of formation. The filing of the certificate shall
be accompanied by a filing fee in the amount prescribed to be paid to the Secretary of State
under Section 10A-1-4.31 in connection with the filing of a certificate of formation. The
certificate of formation shall contain: (1) The name of the corporation which shall include
the words "industrial development corporation of Alabama." (2) The location of the
principal office of the corporation, but the corporation may have offices in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-20-7.02.htm - 5K - Match Info - Similar pages

35-11-454
Section 35-11-454 Release, etc., of lien. (a) Whenever a notice of lien has been filed with
the office of the judge of probate and a condition occurs that would preclude the broker from
receiving compensation under the terms of the broker's written agreement, the broker shall
record a written release or satisfaction of the lien, in the appropriate records of the office
of the judge of probate and shall furnish a copy of the recorded release or satisfaction to
the owner. (b) Upon written demand of the owner, lienee, or authorized agent served on the
broker claiming the lien requiring that suit be commenced to enforce the lien or answer be
filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within
60 days thereafter, or the lien shall be extinguished. Service of such demand shall be in
the manner provided by the Alabama Rules of Civil Procedure for the service of a summons and
complaint. (c) Whenever a notice of lien has been timely filed in the office...
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41-10-37
Section 41-10-37 Allocation procedure. Allocations of the state ceiling shall be granted by
the authority in response to applications filed with the authority by any issuer in the following
manner: (1) Each application shall be made by an instrument in writing signed by an officer
or agent of the issuer and shall contain (i) the names and addresses of the issuer, the proposed
lessee, purchaser or user of the project to be financed (if applicable), and bond counsel,
(ii) the maximum principal amount of affected bonds proposed to be issued, (iii) a brief description
of the project to be financed, and (iv) a brief description of the affected bonds proposed
to be issued, identifying such bonds as "Exempt Facility Bonds," "Qualified
Mortgage Bonds", "Qualified Small Issue Bonds" (and if "Qualified Small
Issue Bonds," further indicating whether the project to be financed constitutes a "Manufacturing
Facility"), "Qualified Student Loan Bonds," or "Qualified Redevelopment
Bonds." In addition,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-37.htm - 4K - Match Info - Similar pages

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...
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26-9-10
Section 26-9-10 Investment of funds of estate by guardian; limitation as to loans of funds
of ward. (a) Every guardian shall invest the funds of the estate in one or more of the following
forms in which the guardian has no interest and not otherwise: (1) Interest-bearing obligations
of the State of Alabama or of the United States or as to which the State of Alabama or the
United States has guaranteed the payment of both principal and interest. (2) Loans secured
by direct first mortgage on improved real estate located within the State of Alabama. Such
loans shall not exceed 50 percent of the actual value fixed by a competent appraiser or of
the value for which such real estate, with improvements, was assessed for taxation for the
last preceding tax year, whichever is the lower, except as provided in subdivision (3) of
this section. (3) Purchase of indebtedness secured by first real estate mortgages which have
been accepted for insurance by the Secretary of Housing and Urban Development...
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