Code of Alabama

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24-8-15
Section 24-8-15 Similar complaint filed with another agency with authority to investigate violation
of chapter. Before accepting any complaint under this chapter, the office shall determine
if the complainant has filed a similar complaint with the Federal Home Loan Bank Board, the
Comptroller of the Currency, the Federal Deposit Insurance Corporation of the Federal Reserve
System, the United States Department of Housing and Urban Development, or any other agency
with authority to investigate and resolve complaints alleging a violation of this chapter.
If a complaint has been filed or is filed, subsequently the office shall coordinate efforts
to resolve the complaint with that agency in order to avoid multiple investigations of the
respondent. (Acts 1991, No. 91-659, p. 1248, ยง15.)...
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5-18-10
Section 5-18-10 Examinations of licensees; investigations; enforcement powers of supervisor.
(a) Annual examinations of licensees. At least once each year and at such other time as may
be deemed necessary by the Supervisor of the Bureau of Loans, an examination shall be made
of the place of business of each licensee and of the loans, transactions, books, papers, and
records of the licensee so far as they pertain to the business licensed under this chapter.
As cost of examination, the licensee shall pay to the Bureau of Loans the actual cost of each
examination, the amount of which shall be reasonably prescribed under rules and regulations
promulgated by the Superintendent of Banks; provided, however, the cost for each day of examination
by each examiner shall not exceed eight times the average hourly rate for auditing purposes
as charged by three recognized certified public accountancy firms in the City of Montgomery,
Alabama. In addition thereto, the licensee shall pay as per diem the...
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5-18-18
Section 5-18-18 Charges, rates, etc., as to certain loans. Licensees may charge to a borrower
the rates permitted by this chapter only on principal loan balances less than one thousand
dollars ($1,000). No licensee shall induce or permit any person, jointly or severally, to
become obligated directly or contingently, or both, on more than one loan made pursuant to
this chapter at the same time for the purpose of obtaining a higher finance charge than would
otherwise be permitted by Section 5-18-15. If a licensee makes a loan of one thousand dollars
($1,000) or more, the charges authorized by this chapter shall not apply to any part of the
loan. The rates on the entire amount of a loan of one thousand dollars ($1,000) or more shall
be governed by the applicable provisions of Chapter 8 of Title 8 or Chapter 19 of this title.
The supervisor may suspend or revoke the license of any licensee who violates this section
in the manner prescribed by Section 5-18-9, and the penalties provided for...
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5-26-5
Section 5-26-5 State license and registration application and issuance. (1) Application form.
Applicants for a license shall apply in a form as prescribed by the supervisor. Each such
form shall contain content as set forth by rule, regulation, instruction, or procedure of
the supervisor and may be changed or updated as necessary by the supervisor in order to carry
out the purposes of this chapter. (2) License fee. Each application shall be filed with an
initial license fee of seventy-five dollars ($75). This license fee shall be in addition to
the fees required to apply through the Nationwide Mortgage Licensing System and Registry.
(3) Supervisor may establish relationships or contracts. In order to fulfill the purposes
of this chapter, the supervisor is authorized to establish relationships or contracts with
the Nationwide Mortgage Licensing System and Registry or other entities designated by the
Nationwide Mortgage Licensing System and Registry to collect and maintain records and...
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5-18-5
Section 5-18-5 License - Application; fees; disposition of fees. Application for a license
shall be in writing, under oath and in the form prescribed by the supervisor. The application
shall give the approximate location where the business is to be conducted and shall contain
such further relevant information as the supervisor may require, including the names and addresses
of the partners, officers, directors, or trustees and of such of the principal owners or members
as will provide the basis for the investigations and findings contemplated by Section 5-18-6.
At the time of making such application, the applicant shall pay to the supervisor the sum
of one hundred dollars ($100) as a fee for investigating the application. All licensees under
this chapter shall pay an annual license fee of five hundred dollars ($500) for each office,
branch, or place of business of the licensee, which shall be due on January 1 of each year
and shall be for a one-year period ending December 31 following...
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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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5-19-1
Section 5-19-1 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings respectively ascribed to them by this section: (1) FINANCE CHARGE.
The sum of all charges, payable directly or indirectly by the person to whom credit is extended,
and imposed directly or indirectly by the creditor as an incident to the extension of credit.
The amount of the finance charge in connection with any credit transaction (i) shall be determined,
and shall include and exclude the fees and charges, as provided by Section 106 of the Federal
Truth-in-Lending Act, 15 U.S.C. Section 1605 and the regulations of the Federal Reserve Board
promulgated pursuant to the Federal Truth-in-Lending Act, 12 C.F.R. Part 226, and the Official
Staff Commentary adopted by the Federal Reserve Board pursuant to that regulation, and without
limiting or affecting the foregoing subparagraph (i), (ii) shall exclude, without limitation,
late charges and other charges resulting from 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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17-5-2
Section 17-5-2 Definitions. (a) For purposes of this chapter, the following terms shall have
the following meanings: (1) CANDIDATE. An individual who has done any of the following: a.
Taken the action necessary under the laws of the state to qualify himself or herself for nomination
or for election to any state office or local office or in the case of an independent seeking
ballot access, on the date when he or she files a petition with the judge of probate in the
case of county offices, with the appropriate qualifying municipal official in the case of
municipal offices, or the Secretary of State in all other cases. b. Received contributions
or made expenditures in excess of one thousand dollars ($1,000), or given his or her consent
for any other person or persons to receive contributions or make expenditures in excess of
one thousand dollars ($1,000), with a view to bringing about his or her nomination or election
to any state office or local office. (2) COMMISSION. The State Ethics...
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37-2A-11
Section 37-2A-11 Interpretation. (a) This chapter is intended to supersede the remainder of
this title as to any matter provided for in this chapter. (b) Nothing in this chapter shall
do any of the following: (1) Alter the jurisdiction, rights, powers, authority, or duties
of the commission except as specifically provided for in this chapter. (2) Be interpreted
to expand the commission's jurisdiction, right, power, authority, or duty as it is provided
for in any other chapter of this title. (3) Alter any provider's obligations under state E-911
laws. (4) Alter, amend, or modify taxes imposed by Title 40, or any other title of this code,
unless specifically provided for in this chapter. (5) Alter, amend, or modify, other than
as provided in subdivision (1) of subsection (b) of Section 37-2A-4, the commission's authority
with regard to wholesale transactions between incumbent local exchange carriers and other
telecommunications carriers for the transmission and routing of telephone...
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