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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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5-19-22
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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5-26-3
Section 5-26-3 Definitions. For purposes of this chapter, the following definitions shall apply:
(1) DEPOSITORY INSTITUTION. The term "depository institution" has the same meaning
as in Section 3 of the Federal Deposit Insurance Act, and includes any credit union. (2) FEDERAL
BANKING AGENCIES. The term "federal banking agencies" means the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office
of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance
Corporation. (3) IMMEDIATE FAMILY MEMBER. The term "immediate family member" means
a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren,
stepsiblings, and adoptive relationships. (4) INDIVIDUAL. The term "individual"
means a natural person. (5) LOAN PROCESSOR OR UNDERWRITER. (a) In General. The term "loan
processor or underwriter" means an individual who performs clerical or support duties
as an...
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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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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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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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5-26-8
Section 5-26-8 Testing of loan originators. (1) In general. In order to meet the written test
requirement referred to in Section 5-26-6(5), an individual shall pass, in accordance with
the standards established under this subsection, a qualified written test developed by the
Nationwide Mortgage Licensing System and Registry and administered by a test provider approved
by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.
(2) Qualified test. A written test shall not be treated as a qualified written test for purposes
of subsection (1) unless the test adequately measures the applicant's knowledge and comprehension
in appropriate subject areas, including: (a) Ethics; (b) Federal law and regulation pertaining
to mortgage origination; (c) State law and regulation pertaining to mortgage origination;
(d) Federal and state law and regulation, including instruction on fraud, consumer protection,
the nontraditional mortgage marketplace, and fair lending...
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