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5-25-3
Section 5-25-3 Persons excluded. The following persons are not subject to the provisions of
this chapter: (1) Any depository institution as defined in Section 3 of the Federal Deposit
Insurance Act, any subsidiary institution that is owned and controlled by a depository institution,
and employees of any of the foregoing. Bank holding companies and subsidiaries of bank holding
companies, thrift holding companies and subsidiaries of thrift holding companies, trust companies,
savings or building and loan associations, savings banks and other thrift institutions, credit
unions, and all other affiliates of each of the above persons if more than 50 percent of the
affiliate's shares or other ownership interests are owned or controlled by such person, and
federally or state constituted agencies and employees of any of the foregoing. (2) Any person
licensed under Section 5-19-22. (3) An attorney licensed to practice law in Alabama who is
not principally engaged in negotiating mortgage loans...
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5-13B-92
Section 5-13B-92 Representative office - Permissible activities. (a) A foreign bank which is
licensed to establish and maintain an Alabama representative office may, subject to such regulations
as the superintendent may prescribe, engage in the following activities: (1) Solicitation
for loans and in connection therewith the assembly of credit information, making of property
inspections and appraisals, securing of title information, preparation of applications for
loans including making recommendations with respect to action thereon, solicitation of investors
to purchase loans from the foreign bank, and the search for such investors to contract with
the foreign bank for servicing of such loans; (2) The solicitation of new business; (3) The
conduct of research; and (4) Back office administrative functions as may be more specifically
defined in regulations issued by the superintendent. Any other activity which the foreign
bank seeks to conduct at such office shall be subject to the prior...
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5-19-31
Section 5-19-31 Nonapplicability of chapter to certain transactions; certain laws not repealed
or amended. (a) The provisions of this chapter, except the provisions of subdivision (1) of
Section 5-19-1 and Section 5-19-3, shall not apply (i) to any consumer credit transaction
or other transaction involving an interest in real property or the sale, lease, or mortgage
of an interest in real property where the creditor is exempt from licensing under this chapter,
(ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction
is by a trust institution as defined in Section 5-12A-1(1), in its capacity as a fiduciary
under any plan or agreement qualified under 26 U.S.C. 401(a) or defined by 5 U.S.C. 8437,
26 U.S.C. 403(b), or 26 U.S.C. 457, or a trust exempt under 26 U.S.C. 501, or (iv) to any
municipal pension system created under the laws of the State of Alabama. The provisions of
this chapter shall not apply where the credit transaction is a policy...
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5-26-10
Section 5-26-10 Continuing education for mortgage loan originators. (1) In general. In order
to meet the annual continuing education requirements referred to in Section 5-26-9(1)(b),
a licensed mortgage loan originator shall complete at least eight hours of education approved
in accordance with subsection (2), which shall include at least: (a) Three hours of federal
law and regulations; (b) Two hours of ethics, which shall include instruction on fraud, consumer
protection, and fair lending issues; and (c) Two hours of training related to lending standards
for the nontraditional mortgage product marketplace. (2) Approved educational courses. For
purposes of subsection (1), continuing education courses shall be reviewed and approved by
the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review
and approval of a continuing education course shall include review and approval of the course
provider. (3) Approval of employer and affiliate educational...
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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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5-26-16
Section 5-26-16 Investigation and examination authority. In addition to any authority allowed
under this chapter the supervisor shall have the authority to conduct investigations and examinations
as follows: (1) AUTHORITY TO ACCESS INFORMATION. For purposes of initial licensing, license
renewal, license suspension, license conditioning, license revocation or termination, or general
or specific inquiry or investigation to determine compliance with this chapter, the supervisor
shall have the authority to access, receive, and use any books, accounts, records, files,
documents, information, or evidence including but not limited to: (a) Criminal, civil, and
administrative history information, including nonconviction data; and (b) Personal history
and experience information including independent credit reports obtained from a consumer reporting
agency described in Section 603(p) of the Fair Credit Reporting Act; and (c) Any other documents,
information, or evidence the supervisor deems...
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8-7A-2
Section 8-7A-2 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) AGENT or AUTHORIZED DELEGATE. Any person designated or employed by
a licensee under this chapter to provide monetary transmission services on behalf of the licensee.
(2) APPLICANT. Any person that files an application for a license under this chapter. (3)
BANK. An institution organized under federal or state law which meets any of the following
requirements: a. Accepts demand deposits or deposits that the depositor may use for payment
to third parties and engages in the business of making loans. b. Engages in credit card operations
and maintains only one office that accepts deposits, does not accept demand deposits or deposits
that a depositor may use for payments to third parties, does not accept a savings or time
deposit less than one hundred thousand dollars ($100,000), and does not engage in the business
of making commercial loans. c. Is a trust company subject to...
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5-17-3
Section 5-17-3 Use of words "credit union" in name or title. It shall be a misdemeanor
for any person, association, copartnership, or corporation, except corporations organized
in accordance with the provisions of this chapter, credit unions incorporated under the laws
of the United States, the trade associations of credit unions doing business in this state,
and other organizations as approved by the administrator, to use the words "credit union"
in their name, title, or in advertising. A credit union organized under the provisions of
this chapter shall include in its corporate name or title the words "credit union."
Any violation of this prohibition shall subject the party chargeable therewith to a penalty
of five hundred dollars ($500) for each day, with a maximum amount of fifty thousand dollars
($50,000), during which the violation is committed or repeated. The penalty may be recovered
by the administrator by an action instituted for that purpose, and, in addition to the penalty,...
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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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34-27A-3
Section 34-27A-3 License required to do certain acts; unlawful behavior; violations; assistance
with appraisal; evaluations. (a) It shall be unlawful for any person, partnership, or corporation,
for a fee or other valuable consideration, or with the intention or expectation of receiving
or collecting a fee or valuable consideration from another, to do any of the following unless
he or she is licensed under this article: (1) To be employed to perform or to perform an appraisal
as defined in this article where the subject property of the assignment lies within the borders
of the State of Alabama. (2) Present himself or herself, or allow himself or herself to be
presented, as being able to perform an appraisal for which a license is required under this
article. (b) It shall be unlawful for a person, other than a licensed real estate appraiser,
to assume or use that title or any title, designation, or abbreviation likely to create the
impression of licensure as a real estate appraiser by...
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