reglab/housing_qa huggingface dataset:
5 DE Code § 2107. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2107. Renewal of license.

§ 2107. Renewal of license. Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of business as provided for in this chapter, shall, at least 30 days prior to the expiration of such license or renewal thereof, make application to the Commissioner, on forms to be provided by the Commissioner, for a license renewal. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the office of the State Bank Commissioner at least 30 days prior to the expiration of such license or renewal thereof. Licensees who have not complied with supervisory letters or who have not paid any supervisory assessment or examination fees when due may be refused license renewal. 68 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 327, §  42;
5 DE Code § 2109. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2109. Suspension, revocation or surrender of license.

§ 2109. Suspension, revocation or surrender of license. (a) The Commissioner may revoke any license issued hereunder if the Commissioner shall find that:  (1) The licensee has violated any provision of this chapter or any rule, regulation or order made by the Commissioner under and within the authority of this chapter or of any other law, rule or regulation of this State or the United States; (2) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted a refusal to originally issue such license on the part of the Commissioner; or (3) The licensee has engaged in business activities or practices inconsistent with its responsibilities as set forth in § 2114 of this title. (b) The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29. (c) Except as provided in subsection (b) of this section, no license shall be revoked or suspended except after notice and an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29. (d) Any licensee may surrender any license by delivering to the Commissioner such license together with written notice that it thereby surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender. (e) No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person. (f) Every license issued hereunder shall remain in force and effect until the same shall have expired or shall have been surrendered, revoked or suspended in accordance with this chapter, but the Commissioner shall have the authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter. (g) Whenever the Commissioner shall revoke or suspend a license issued pursuant to this chapter, the Commissioner shall forthwith execute a written order to that effect. The Commissioner shall forthwith serve the written order upon the licensee. Any such order may be reviewed in the manner provided by Chapter 101 of Title 29. 68 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 24, §§  4, 5, 6;  77 Del. Laws, c. 126, §  2;
5 DE Code § 2110. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2110. Supervision and examination of business by Commissioner.

§ 2110. Supervision and examination of business by Commissioner. (a) Each licensee shall be subject to the supervision of the Commissioner, and the Commissioner shall visit and examine each licensee as frequently as the Commissioner deems it necessary or expedient. On the occasion of each such visit and examination, the Commissioner shall (in the company of one or more of the officers of such licensee, if requested by such licensee) be given free access to every part of the office or place or places of business and to the assets, securities, books, papers and records of such licensee. (b) If, in the Commissioner's opinion, it is necessary or convenient for a proper examination of a licensee, the Commissioner may retain 1 or more accountants, attorneys, appraisers or other 3rd parties to assist the Commissioner in such examination. Within 10 days after receipt of a statement from the Commissioner, such licensee shall pay or reimburse the fees, costs and expenses of any 3rd parties retained by the Commissioner under this subsection. (c) Any examination under this section may be made by any person or persons designated by the Commissioner, and in such case all the powers vested in the Commissioner by this section shall be possessed by such person or persons so designated. When any such examination is made without the presence of the Commissioner, the Commissioner shall give written authority to the person or persons conducting such examination, which shall be exhibited, on request, to any person contacted in the course of the investigation. 68 Del. Laws, c. 326, §  1;
5 DE Code § 2111. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2111. Maintenance of books and records by licensee.

§ 2111. Maintenance of books and records by licensee. (a) Every licensee shall maintain such books, accounts and records relating to its business as will enable the Commissioner to enforce full compliance with this chapter, which books, accounts and records shall be in such form, shall contain such information and shall be kept in such manner as the Commissioner may require. Such records shall be kept at such place and shall be preserved for such length of time as the Commissioner may specify. (b) A licensee shall file with the Commissioner such reports at such times as the Commissioner may require, which reports shall be in such form and shall contain such information as the Commissioner may specify. (c) Each licensee shall submit to the Nationwide Mortgage Licensing System and Registry developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require. 68 Del. Laws, c. 326, §  1;  77 Del. Laws, c. 96, §  3;
5 DE Code § 2112. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2112. Regulations.

§ 2112. Regulations. The Commissioner may adopt such regulations, not inconsistent herewith, as the Commissioner may deem necessary or appropriate in the administration, interpretation and enforcement of this chapter. 68 Del. Laws, c. 326, §  1;
5 DE Code § 2113. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2113. Mortgage or loan broker disclosures.

§ 2113. Mortgage or loan broker disclosures. A licensee may not receive a fee for acting as a mortgage loan broker except pursuant to a written agreement between the mortgage loan broker and the borrower. Such written agreement shall be entered into prior to the time that the mortgage loan broker undertakes to perform mortgage loan brokerage services on behalf of a borrower. A copy of the fully completed written agreement shall be provided to the borrower at the time the borrower signs the agreement. The agreement:  (1) Must describe the services to be provided by the mortgage loan broker and the time period within which such services are to be provided; (2) Must specify the amount and terms of the fees that the mortgage loan broker is to receive; and (3) Shall otherwise contain such information and disclosures, in such format, as the Commissioner by regulation may provide.68 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 186, §  1;
5 DE Code § 2114. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2114. Responsibilities of mortgage loan brokers.

§ 2114. Responsibilities of mortgage loan brokers. A mortgage loan broker shall diligently and in good faith attempt to obtain a mortgage loan for the account of a borrower in accordance with the terms of the agreement for mortgage loan brokerage services. No mortgage loan broker shall make or use any false or misleading representations or omit any material fact in the offer, sale or performance of the services of a mortgage loan broker or engage directly or indirectly in any act that operates as fraud or deception upon any person in connection with the offer, sale or performance of the services of a mortgage loan broker, notwithstanding the absence of reliance by a borrower. 68 Del. Laws, c. 326, §  1;
5 DE Code § 2115. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2115. Mortgage loan broker fees.

§ 2115. Mortgage loan broker fees. A licensee may not accept any fee in connection with a mortgage loan, other than an application fee or any credit report fee, property appraisal fee, title examination fee or other bona fide 3rd-party fee actually and reasonably paid or incurred by the licensee on behalf of the borrower, prior to obtaining a written commitment from a qualified lender (setting forth the terms and conditions upon which the lender is willing to make a mortgage loan to the borrower). The amount of fees that may be collected or received by a mortgage loan broker, whether constituting an application fee, a fee payable to a 3rd party, fee payable at the time of written commitment or upon consummation of a mortgage loan or otherwise, shall be subject to such limitations as may be provided by regulation of the Commissioner. A licensee shall be obligated to refund all fees collected by it from a borrower, other than those fees paid by the licensee to a 3rd party, if a written commitment for a mortgage loan from a qualified mortgage lender is not produced within the time specified by the mortgage loan broker and otherwise at the rate, terms and overall costs agreed upon by the borrower or the mortgage loan does not close; provided however, that a licensee shall not be required to refund fees when the failure to obtain a written commitment for a mortgage loan or the failure of a closing thereunder to occur is due to the substantial fault of the borrower. For purposes of this section, substantial fault of the borrower means that the borrower has:  (1) Failed to provide information or documentation required by the lender or mortgage loan broker in a timely manner; (2) Provided information, in the application or subsequently, which upon verification proves to be significantly inaccurate, causing the need for review or further investigation by the lender or mortgage loan broker; (3) Failed to produce, no later than the date specified by the lender, all documentation specified in its mortgage loan commitment or closing instructions as being required for closing; or (4) Failed to be ready, willing or able to close the mortgage loan no later than the date specified by the lender. The Commissioner, by regulation, may provide further definition of the circumstances constituting substantial fault of a borrower, including, without limitation, reasonable time periods for the provision by a borrower of information or documentation or when information will be considered significantly inaccurate. 68 Del. Laws, c. 326, §  1;
5 DE Code § 2116. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2116. Penalty.

§ 2116. Penalty. Any person who violates any provision of this chapter shall be fined not less than $50 nor more than $200 or imprisoned for not more than 3 months or both for each such offense. 73 Del. Laws, c. 247, §  7;
5 DE Code § 2117. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2117. Multi-state automated licensing system.

§ 2117. Multi-state automated licensing system. (a) The Commissioner is authorized to participate in any automated system involving 1 or more other states that will facilitate any aspect of the application and licensing processes of this chapter. (b) Upon joining any such system, the Commissioner may by regulation establish:  (1) Any additional requirements for a license under this chapter that the Commissioner determines are necessary for participation in the system; (2) Prelicensing education and testing, and postlicensing continuing education of individuals employed by the applicants or licensees subject to the system; and (3) Any additional investigation fees, any fees paid directly to the administrator of the system, or any other fee required by the system to process an application or maintain a license, in such amount as the Commissioner determines is necessary to participate in the system. (c) The administrator of any such system in which the Commissioner participates is authorized to act on behalf of the Commissioner to collect from the applicants and licensees subject to the system any payments due the Commissioner under this chapter, to collect information and maintain records in electronic or other format relating to those applicants and licensees, and to submit fingerprints and any other information required for a criminal history background check to the Federal Bureau of Investigation or other law-enforcement agency. (d) Information maintained on any such system in which the Commissioner participates regarding the applicants and licensees subject to the system may be shared with any other state participating in that system for the purpose of licensing, regulating, or supervising that same applicant or licensee under a statute similar to this chapter, if that state could have obtained that same information directly from the applicant or licensee under its own law. The Commissioner shall ensure that the system maintains appropriate confidentiality, privacy, data security, and security breach notification policies that are in full compliance with Delaware law. 76 Del. Laws, c. 264, §  1;
5 DE Code § 2118. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2118. Reverse mortgages.

§ 2118. Reverse mortgages. (a) For purposes of this section, unless the context requires otherwise:  (1) “Independent housing counselor” means a housing counseling agency approved by the United States Department of Housing and Urban Development, or any government agency or nonprofit organization that is not affiliated with either the reverse mortgage lender or any other person receiving a fee from the transaction and provides mortgage loan counseling to the public of this State regarding the advisability of entering into a reverse mortgage transaction. (2) “Reverse mortgage loan” means a mortgage loan the proceeds of which are disbursed to the mortgagor in 1 or more lump sums, or in equal or unequal installments, either directly by the lender or the lender's agent, and which requires no repayment until a future time, upon the earliest occurrence of 1 or more events specified in the reverse mortgage loan contract. (b) A licensee may not accept any fee in connection with a reverse mortgage loan, other than an application fee or a credit report fee, property appraisal fee, title examination fee or other bona fide third-party fee actually and reasonably paid or incurred by the licensee on behalf of the borrower, prior to receiving a written certification from an independent housing counselor attesting that the prospective borrower has received counseling on reverse mortgage loans that includes the information specified in 12 U.S.C. § 1715z-20(f) and such other information as the Commissioner may designate by regulation. 76 Del. Laws, c. 335, §  1;
5 DE Code § 2119. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 21. Mortgage Loan Brokers|§ 2119. Mortgage loan modification services; compensation.

§ 2119. Mortgage loan modification services; compensation. (a) As used in this section, unless the context requires otherwise, “mortgage loan modification services” means services as an intermediary between an individual and 1 or more mortgage loan creditors for the purpose of obtaining:  (1) Assent to the repayment of a mortgage loan on terms more favorable to the individual than the terms of the original mortgage loan; or (2) An arrangement to delay, prevent, remedy, eliminate or discharge any default on the terms of a mortgage loan, or the sale of any property incident to a foreclosure or other judicial proceeding based on a mortgage loan. (b) A licensee may not receive any compensation for mortgage loan modification services prior to the execution of a written contract that describes in detail all such services that the licensee will perform and all compensation that the licensee will receive for those services. Any compensation received by a licensee in advance of the completion of all such services may not exceed $250. (c) The total compensation that a licensee receives for mortgage loan modification services must be limited to an amount that is customary and reasonable for those services in this State. 77 Del. Laws, c. 138, §  1;
5 DE Code § 2301. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2301. Citation.

§ 2301. Citation. This chapter may be cited as “The Sale of Checks Act.” 5 Del. C. 1953, §  2301;  58 Del. Laws, c. 421.;
5 DE Code § 2302. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2302. Definitions.

§ 2302. Definitions. For the purposes of this chapter:  (1) “Person” means any individual, partnership, association, joint stock association or corporation, but does not include the United States government or the government of this State. (2) “Licensee” means a person duly licensed by the State Bank Commissioner pursuant to this chapter. (3) “Check” means any check, draft, money order, personal money order or other instrument for the transmission or payment of money. (4) “Personal money order” means any instrument for the transmission or payment of money in relation to which the purchaser or remitter appoints or purports to appoint the seller thereof as his agent for the receipt, transmission or handling of money, whether such instrument be signed by the seller or by the purchaser or remitter or some other person. (5) “Sell” means to sell, to issue, or to deliver a check. (6) “Deliver” means to deliver a check to the first person who in payment for same makes or purports to make a remittance of or against the face amount thereof, whether or not the deliverer also charges a fee in addition to the face amount, and whether or not the deliverer signs the check. (7) “Commissioner” means the State Bank Commissioner. (8) “Accelerated mortgage payment provider” means any person who, in accordance with a written contract, receives funds from a mortgagor to transmit, on behalf of such mortgagor, to a lender or servicer in order to exceed regularly scheduled minimum payment obligations under the terms of the indebtedness.5 Del. C. 1953, §  2302;  58 Del. Laws, c. 421;  71 Del. Laws, c. 19, §  71;
5 DE Code § 2303. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2303. License required.

§ 2303. License required. No person, except those specified in § 2304 or agents of a licensee as provided in § 2311 shall engage in the business of selling checks, or issuing checks or engage in the business of receiving money for transmission or transmitting the same without having first obtained a license hereunder. 5 Del. C. 1953, §  2303;  58 Del. Laws, c. 421.;
5 DE Code § 2304. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2304. Exemption from licensing.

§ 2304. Exemption from licensing. (a) No license shall be required hereunder of banks, trust companies, credit unions, building and loan associations and savings and loan associations, organized under the laws of any state in the United States of America or the United States of America, which either are authorized to do business in this State, or which act through a contractor or agent authorized to do business in this State. (b) Nothing contained in this section or any other section of this chapter shall be construed to enlarge or limit the rights which any of the above-named organizations have under any existing law. (c) The Commissioner shall be authorized to exempt from any or all of the provisions of this chapter such persons or classes of persons, or checks or transmissions or classes of checks or transmissions, as the Commissioner shall find inappropriate to include within the coverage of this chapter in order to effectuate the purposes of this chapter. The Commissioner may by regulation establish procedures for application, fees and other requirements for an exemption pursuant to this subsection. 5 Del. C. 1953, §  2304;  58 Del. Laws, c. 421;  69 Del. Laws, c. 58, §  1;  70 Del. Laws, c. 327, §  47;  71 Del. Laws, c. 19, §  72;  76 Del. Laws, c. 86, §  1;
5 DE Code § 2305. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2305. Qualifications.

§ 2305. Qualifications. To qualify for a license hereunder an applicant shall meet the following requirements:  (1) The applicant shall have a net worth of at least $100,000 computed according to generally accepted accounting principles; (2) The financial responsibility, financial condition, financial and business experience, character and general fitness of the applicant shall be such as reasonably to warrant the belief that applicant's business will be conducted honestly, carefully and efficiently. To the extent deemed advisable by the Commissioner, the Commissioner may investigate and consider the qualifications of the applicant including principals, officers and directors of an applicant in determining whether this qualification has been met.5 Del. C. 1953, §  2305;  58 Del. Laws, c. 421.;
5 DE Code § 2306. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2306. Applications.

§ 2306. Applications. (a) Each application for a license shall be made in writing and under oath to the Commissioner in such form and containing such information as the Commissioner may prescribe including the name and business and residence address of any of the following:  (1) Of the proprietor, if the applicant is an individual. (2) Of every member, if the applicant is a partnership or unincorporated association. (3) Of the corporation and each officer and director thereof, if the applicant is a corporation, stating the date and the state of incorporation. (b) The Commissioner, at the time the application is submitted or in connection with an investigation of the application, may require the applicant, the spouse of the applicant, a principal of, individual who is a person in control of, or proposed responsible individual of the applicant, or any other individual associated with the applicant and the proposed licensed activities, to provide the Commissioner or the Commissioner's designee with a complete set of fingerprints for purposes of a criminal background investigation. 5 Del. C. 1953, §  2306;  58 Del. Laws, c. 421;  82 Del. Laws, c. 78, § 3;
5 DE Code § 2307. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2307. Accompanying fees and statements.

§ 2307. Accompanying fees and statements. Each application for a license shall be accompanied by:  (1) An investigation fee of $172.50 which shall not be subject to refund. (2) The annual license fee as specified in § 2310. (3) Financial statements reasonably satisfactory to the Commissioner.5 Del. C. 1953, §  2307;  58 Del. Laws, c. 421;  67 Del. Laws, c. 260, §  1;