Code of Alabama

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5-26-12
Section 5-26-12 Nationwide Mortgage Licensing System and Registry information challenge process.
The supervisor shall establish a process whereby mortgage loan originators may challenge information
entered into the Nationwide Mortgage Licensing System and Registry. (Act 2009-627, p. 1907,
§12.)...
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5-26-5
law to the contrary, in connection with an application for licensing as a mortgage loan originator,
the applicant, at a minimum, shall furnish to the Nationwide Mortgage Licensing System and
Registry information concerning the applicant's identity, including: (a) Fingerprints for
submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized
to receive such information for a state, national, and international criminal history background
check; and (b) Personal history and experience in a form prescribed by the Nationwide
Mortgage Licensing System and Registry, including the submission of authorization for the
Nationwide Mortgage Licensing System and Registry and the supervisor to obtain: (i) An independent
credit report obtained from a consumer reporting agency described in Section 603(p) of the
Fair Credit Reporting Act; and (ii) Information related to any administrative, civil, or criminal
findings by any governmental jurisdiction. (6) Agent...
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5-26-11
Section 5-26-11 Authority to require license. In addition to any other duties imposed upon
the supervisor by law, the supervisor shall require mortgage loan originators to be licensed
and registered through the Nationwide Mortgage Licensing System and Registry. In order to
carry out this requirement the supervisor is authorized to participate in the Nationwide Mortgage
Licensing System and Registry. For this purpose, the supervisor may establish by rule/regulation
or order requirements as necessary, including but not limited to: (1) BACKGROUND CHECKS. Background
checks for: (a) Criminal history through fingerprint or other databases; (b) Civil or administrative
records; (c) Credit history; or (d) Any other information as deemed necessary by the Nationwide
Mortgage Licensing System and Registry. (2) FEES. The payment of fees to apply for or renew
licenses through the Nationwide Mortgage Licensing System and Registry; (3) SETTING DATES.
The setting or resetting as necessary of renewal or...
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5-26-15
Section 5-26-15 Confidentiality. In order to promote more effective regulation and reduce regulatory
burden through supervisory information sharing: (1) PROTECTIONS. Except as otherwise provided
in Public Law 110-289, Section 1512, the requirements under any federal law regarding the
privacy or confidentiality of any information or material provided to the Nationwide Mortgage
Licensing System and Registry, and any privilege arising under federal or state law, including
the rules of any federal or state court, with respect to such information or material, shall
continue to apply to such information or material after the information or material has been
disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material
may be shared with all state and federal regulatory officials with mortgage industry oversight
authority without the loss of privilege or the loss of confidentiality protections provided
by federal or state law. (2) AGREEMENTS AND SHARING...
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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...
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5-26-4
Section 5-26-4 License and registration required. (1) In general. An individual, unless specifically
exempted from this chapter under subsection (2), shall not engage in the business of a mortgage
loan originator with respect to any dwelling located in this state without first obtaining
and maintaining annually a license under this chapter. Each licensed mortgage loan originator
must register with and maintain a valid unique identifier issued by the Nationwide Mortgage
Licensing System and Registry. (2) Exemption from this chapter. The following are exempt from
and are not subject to this chapter: (a) Registered mortgage loan originators, loan processors,
loss mitigation specialists, and other employees when acting for an entity described in Section
5-26-3(11)(a)(i),(ii), or (iii) are exempt from this chapter. (b) Any individual who offers
or negotiates terms of a residential mortgage loan with or on behalf of an immediate family
member of the individual. (c) Any individual who offers...
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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,...
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5-26-19
Section 5-26-19 Report to Nationwide Mortgage Licensing System and Registry. Notwithstanding
state privacy law, the supervisor is required to report regularly violations of this chapter
as well as enforcement actions and other relevant information to the Nationwide Mortgage Licensing
System and Registry, subject to the provisions contained in Section 5-26-15. (Act 2009-627,
p. 1907, §19.)...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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22-18-50
or procedures related to specific employees or other matters related to the Commission's internal
personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or real estate; e.
Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets
or commercial or financial information that is privileged or confidential; g. Disclosure of
information of a personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy; h. Disclosure of investigatory records compiled for law
enforcement purposes; i. Disclosure of information related to any investigatory reports prepared
by or on behalf of or for use of the Commission or other committee charged with responsibility
of investigation or determination of compliance issues pursuant to the Compact; or j. Matters
specifically exempted from disclosure by federal or member...
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