reglab/housing_qa huggingface dataset:
CA Fin Code § 50307 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50307.

50307.  (a) Each residential mortgage lender or servicer licensee shall file a report with the commissioner annually, on or before the first day of March, giving the relevant information that the commissioner reasonably requires to make the calculation required by subdivision (a) of Section 50401. The report shall be made under oath and in the form prescribed by the commissioner.(b) A licensee shall make any other special reports to the commissioner that the commissioner may, from time to time, require.(c) If any licensed residential mortgage lender or servicer subject to this division fails to make a report required by law or by the commissioner, the commissioner may immediately cause the books, records, papers, and affairs of that licensee to be thoroughly examined.(Amended by Stats. 2009, Ch. 160, Sec. 71. (SB 36) Effective October 11, 2009.)
CA Fin Code § 50307.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50307.1.

50307.1.  The commissioner may, as he or she deems necessary, require licensees to provide reports concerning their residential mortgage loan servicing activities, including, but not limited to, information similar to that collected in connection with the Mortgage Servicers Survey, first published by the Department of Business Oversight in December 2007. The commissioner is additionally authorized to seek and accept information provided on a voluntary basis by residential mortgage loan servicers not subject to the commissioner’s jurisdiction. The commissioner shall post only aggregated survey results on the department’s Internet Web site, and shall note the number of loan servicers submitting data included in the aggregated totals and the estimated percentage of outstanding mortgage loans to Californians that are serviced by these loan servicers, to the extent information on the number of outstanding loans is available from a reliable source. Nothing in this section is intended to reduce or change the commissioner’s authority to request and demand reports under Section 50307.(Amended by Stats. 2015, Ch. 190, Sec. 56. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 50307.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50307.2.

50307.2.  The commissioner may require a licensee that employs one or more mortgage loan originators to submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require.(Added by Stats. 2009, Ch. 160, Sec. 72. (SB 36) Effective October 11, 2009.)
CA Fin Code § 50308 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50308.

50308.  If any person engaged in the business regulated by this division refers in any advertising to rates of interest, charges, or costs of loans, the commissioner shall require that they are stated fully and clearly in the manner that he or she deems necessary to give adequate information to prospective borrowers. If the rates or costs advertised do not apply to loans of all classes made or negotiated by that person, this fact shall be clearly indicated in the advertisement. Compliance with the requirements of the federal Truth in Lending Act and Regulation Z promulgated thereunder is presumed to satisfy the requirements of this section.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50309 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50309.

50309.  The commissioner may require licensees to maintain a file of all advertising copy for a period of 90 days from the date of its use. The file shall be available to the commissioner upon request.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50310 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50310.

50310.  Nothing in this law shall preclude a person, other than a mortgage loan originator, whose license has been suspended or revoked, summarily or otherwise, from continuing to service residential mortgage loans pursuant to servicing contracts in existence at the time of the suspension for a reasonable transition period, as determined by the commissioner, after the date of the entry of the final decision in the case suspending or revoking the license.(Amended by Stats. 2009, Ch. 160, Sec. 72.5. (SB 36) Effective October 11, 2009.)
CA Fin Code § 50311 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50311.

50311.  Nothing in this law shall preclude a person whose license has been suspended or revoked, summarily or otherwise, from making a residential mortgage loan pursuant to a commitment issued by that person prior to the suspension or revocation. A prospective borrower who received a commitment issued by a person whose license has been suspended or revoked may, prior to the closing of the loan, terminate the commitment and receive a refund of all money paid to that person.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50312 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50312.

50312.  The commissioner, in his or her discretion, may honor requests from interested persons for interpretive opinions.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50313 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50313.

50313.  In any proceeding under this law, the burden of proving an exemption or an exception from a definition is upon the person claiming it.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50314 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50314.

50314.  (a) Every person subject to this division shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage lending or residential mortgage loan servicing functions performed by that person comply with the provisions of this division and with all rules and orders made by the commissioner under this division. Upon request of the commissioner, residential mortgage lenders and residential mortgage loan servicers shall file an authorization for disclosure to the commissioner of financial records of the licensed business pursuant to Section 7473 of the Government Code.(b) The business documents and records of every residential mortgage lender or residential mortgage loan servicer, whether required to be licensed under this division or not, are subject to inspection and examination by the commissioner at any time without prior notice. The provisions of this subdivision shall not apply to persons specified in subdivision (g) of Section 50003.Any person subject to this division shall, upon request and within the time specified in the request, allow inspection and copying of any documents and records by the commissioner or his or her authorized representative.(c) The cost of every inspection and examination of a licensee or other person subject to this division shall be paid to the commissioner by the licensee or person examined, and the commissioner may maintain an action for the recovery of these costs in any court of competent jurisdiction. In determining the cost of any inspection or examination, the commissioner may use the estimated average hourly cost, including overhead, for all persons performing inspections or examinations of licensees or other persons subject to this division for the fiscal year.For the purpose of this subdivision only, no person other than a licensee shall be deemed to be a person subject to this division unless and until the person is determined to be a person subject to this division by an administrative hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by a judicial hearing in any court of competent jurisdiction.(d) Investigation and examination reports prepared by the commissioner’s duly designated representatives are not public reports. Those reports may be disclosed to the officers or directors of a licensee that is the subject of the report for the purpose of corrective action by the officers or directors. Such a disclosure shall not operate as a waiver of the exemption specified in subdivision (d) of Section 6254 of the Government Code.(Amended by Stats. 2000, Ch. 968, Sec. 4. Effective January 1, 2001. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
CA Fin Code § 50314 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50314.

50314.  (a) Every person subject to this division shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage lending or residential mortgage loan servicing functions performed by that person comply with the provisions of this division and with all rules and orders made by the commissioner under this division. Upon request of the commissioner, residential mortgage lenders and residential mortgage loan servicers shall file an authorization for disclosure to the commissioner of financial records of the licensed business pursuant to Section 7473 of the Government Code.(b) (1) The business documents and records of every residential mortgage lender or residential mortgage loan servicer, whether required to be licensed under this division or not, are subject to inspection and examination by the commissioner at any time without prior notice. The provisions of this subdivision shall not apply to persons specified in subdivision (g) of Section 50003.(2) Any person subject to this division shall, upon request and within the time specified in the request, allow inspection and copying of any documents and records by the commissioner or the commissioner’s authorized representative.(c) (1) The cost of every inspection and examination of a licensee or other person subject to this division shall be paid to the commissioner by the licensee or person examined, and the commissioner may maintain an action for the recovery of these costs in any court of competent jurisdiction. In determining the cost of any inspection or examination, the commissioner may use the estimated average hourly cost, including overhead, for all persons performing inspections or examinations of licensees or other persons subject to this division for the fiscal year.(2) For the purpose of this subdivision only, no person other than a licensee shall be deemed to be a person subject to this division unless and until the person is determined to be a person subject to this division by an administrative hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by a judicial hearing in any court of competent jurisdiction.(d) Investigation and examination reports prepared by the commissioner’s duly designated representatives are not public reports. Those reports may be disclosed to the officers or directors of a licensee that is the subject of the report for the purpose of corrective action by the officers or directors. That type of disclosure shall not operate as a waiver of the exemption specified in Section 7929.000 of the Government Code.(Amended by Stats. 2021, Ch. 615, Sec. 116. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
CA Fin Code § 50315 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50315.

50315.  (a) The commissioner may refer the evidence that is available concerning any violation of this law or of any rule or order adopted under this division to the district attorney of the county in which the violation occurred. The district attorney may, with or without the commissioner’s referral, institute criminal proceedings under this law. The commissioner and his or her counsel, deputies, or assistants may, upon request of the district attorney, assist the district attorney in presenting the law or facts at the trial.(b) After an examination, investigation, or hearing under this division, if the commissioner deems it of public interest or advantage, he or she may certify a record to the proper prosecuting official of the county or city in which the act complained of, examined, or investigated occurred.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50316 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50316.

50316.  (a) For any licensee, a disciplinary action taken by the State of California, another state, any agency of the federal government, or another country for any action substantially related to the activity regulated under this law may be a ground for disciplinary action by the commissioner. A certified copy of the record of the disciplinary action taken against a licensee by the State of California, another state, any agency of the federal government, or another country shall be conclusive evidence of the events related therein.(b) Nothing in this section shall preclude the commissioner from applying a specific statutory provision in this division providing for discipline against a licensee as a result of disciplinary action taken against a licensee by the State of California, another state, an agency of the federal government, or another country.(Amended by Stats. 1998, Ch. 178, Sec. 4. Effective January 1, 1999.)
CA Fin Code § 50316.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50316.5.

50316.5.  Notwithstanding any other law, any application for licensure, amendment to the application or registration document or notice filed under any of the laws administered by the Department of Business Oversight, or record otherwise required to be filed in this state as an electronic record pursuant to a nationwide central depository for information regarding licensees, including mortgage loan originators, or any electronic record filed through the Nationwide Mortgage Licensing System and Registry, shall be deemed to be a valid original document upon reproduction to paper form by the Department of Business Oversight.(Amended by Stats. 2015, Ch. 190, Sec. 57. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 50319 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50319.

50319.  (a) If the commissioner, as a result of any examination or from any report made to him or her, shall find that any person subject to this division is in an insolvent condition, is conducting business in an unsafe or injurious manner that renders further operations hazardous to the public or to customers, has failed to comply with the provision of Section 50317, has permitted its tangible net worth to be lower than the minimum required by law, or has failed to comply with the bonding requirements of Section 50205, the commissioner may, by an order addressed to and served by registered or certified mail, or by personal service on that person, and on any other person having in his or her possession or control any trust funds or other property deposited in escrow with that person, direct discontinuance of the disbursement, in whole or in part, of trust funds held by the licensee and order the establishment of a separate trust account for all subsequent trust funds received by the licensee. No person having in his or her possession any of these funds or documents shall be liable for failure to comply with the order unless he or she has received written notice of the order. Subject to subdivision (b), the order shall remain in effect until set aside by the commissioner, or the person is the subject of an order for relief in bankruptcy.(b) Within 15 days from the date of an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 2 of Division 3 of Title 2 of the Government Code). Upon receiving a request, the matter shall be set for hearing to commence within 30 days after the receipt unless the person subject to this division consents to a later date. If no hearing is requested within 15 days after the mailing or service of the notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing. Neither the request for a hearing nor the hearing itself shall stay the order issued by the commissioner under subdivision (a).(Amended by Stats. 2009, Ch. 500, Sec. 44. (AB 1059) Effective January 1, 2010.)
CA Fin Code § 50320 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50320.

50320.  Whenever, in the opinion of the commissioner, a person is engaged, either actually or through subterfuge, in the business of making residential mortgage loans, servicing residential mortgage loans, or engaging in business as a mortgage loan originator, without a license from the commissioner, the commissioner may order that person to desist and refrain. If, within 30 days after an order is served, a request for a hearing is filed in writing and the hearing is not held within 60 days of the filing, the order is rescinded. This section does not apply to persons exempted under subdivision (b) of Section 50002.(Amended by Stats. 2009, Ch. 160, Sec. 75. (SB 36) Effective October 11, 2009.)
CA Fin Code § 50321 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50321.

50321.  If, after investigation, the commissioner has reasonable grounds to believe that any licensee has violated its articles of incorporation or any law or rule binding upon it, the commissioner shall, by written order addressed to the licensee, direct the discontinuance of the violation. The order shall be effective immediately, but shall not become final except in accordance with the provisions of Section 50323.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50322 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50322.

50322.  If, after investigation, the commissioner has reasonable grounds to believe that any licensee is conducting business in an unsafe or injurious manner, the commissioner shall, by written order addressed to the licensee, direct the discontinuance of the unsafe or injurious practices. The order shall be effective immediately, but shall not become final except in accordance with the provisions of Section 50323.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)
CA Fin Code § 50323 (2021)
2021 California Code|Financial Code - FIN|DIVISION 20 - CALIFORNIA RESIDENTIAL MORTGAGE LENDING ACT|CHAPTER 5 - Administration and Powers of the Commissioner|Section 50323.

50323.  (a) No order issued pursuant to Section 50321 or 50322 may become final except after notice to the affected licensee of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the licensee that upon receiving a request the matter will be set for hearing to commence within 15 business days after receipt. The licensee may consent to have the hearing commence at a later date. If no hearing is requested within 30 days after the mailing or service of the required notice, and none is ordered by the commissioner, the order may become final without hearing and the licensee shall immediately discontinue the practices named in the order. If a hearing is requested or ordered, it shall be held in accordance with the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the commissioner shall have all of the powers granted under that act. If, upon the hearing, it appears to the commissioner that the licensee is conducting business in an unsafe and injurious manner or is violating its articles of incorporation or any law of this state, or any rule binding upon it, the commissioner shall make the order of discontinuance final and the licensee shall immediately discontinue the practices named in the order.(b) The licensee has 10 days after an order is made final to commence an action to restrain enforcement of the order. If the enforcement of the order is not enjoined within 10 days by the court in which the action is brought, the licensee shall comply with the order.(Added by Stats. 1994, Ch. 994, Sec. 7. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 50601 (later repealed).)