reglab/housing_qa huggingface dataset:
ID Code § 26-31-209 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-209 - EXAMINATION AND INVESTIGATIONS.

26-31-209. EXAMINATION AND INVESTIGATIONS. (1) The director shall examine periodically at intervals he deems appropriate, the loans and business records of each licensee under this part. In addition, for the purpose of discovering violations of the provisions of this part or securing information lawfully required pursuant to this part, the director may at any time investigate the loans, business, books and records of any such licensee. For these purposes, the director shall have free and reasonable access to the offices, places of business and books and records of the licensee. The director, for purposes of examination of licensees under this part, shall be paid the actual cost of examination by such licensee within thirty (30) days of the completion of the examination. (2) If the records of a licensee under this part are located outside of this state, the licensee shall have the option to make such records available to the director at a convenient location within this state, or pay the reasonable and necessary expenses for the director or his representative to examine such records at the place where they are maintained. The director may designate representatives, including comparable officials of the state in which the records are located, to inspect such records on his behalf. (3) For the purposes of this section, the director may administer oaths or affirmations, and upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. (4) If the director has a reasonable basis to believe that an unlicensed person is engaging in activities for which a license is required under this part, then the director may subpoena the person or any employee, member, officer, representative or agent that has possession, custody or care of the books and records of the person to compel their attendance, adduce evidence and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence. (5) Upon failure to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the director may apply to the district court for an order compelling compliance.  History: [26-31-209, added 2009, ch. 97, sec. 2, p. 294; am. 2013, ch. 64, sec. 9, p. 150.]
ID Code § 26-31-210 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-210 - RESTRICTIONS ON FEES AND CHARGES.

26-31-210. RESTRICTIONS ON FEES AND CHARGES. (1) A person subject to this part shall not require a borrower or person seeking a loan modification to pay any fees or charges prior to a residential mortgage loan closing, or prior to the completion of a loan modification, except: (a) Charges actually incurred by the person subject to this part on behalf of the borrower or person seeking a loan modification for services which have been rendered by third parties. These fees may include, but are not limited to, fees for credit reports, flood insurance certifications, property inspections, title insurance commitments, UCC-4 lien searches and appraisals; (b) An application fee; (c) A rate-lock fee; (d) A commitment fee upon approval of the residential mortgage loan; (e) A cancellation fee which may be charged and collected by a person subject to this part at any time either prior to the scheduled closing of a residential mortgage loan transaction, completion of a loan modification or subsequent thereto. (2) Any fees charged under the authority of this section must be reasonable and customary as to the type and the amount of the fee charged.  History: [26-31-210, added 2009, ch. 97, sec. 2, p. 295.]
ID Code § 26-31-211 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-211 - PROHIBITED PRACTICES OF MORTGAGE BROKERS AND MORTGAGE LENDERS.

26-31-211. PROHIBITED PRACTICES OF MORTGAGE BROKERS AND MORTGAGE LENDERS. No mortgage broker or mortgage lender licensee under this part or person required under this part to have such license shall: (1) Obtain any exclusive dealing or exclusive agency agreement from any borrower; (2) Delay closing of any residential mortgage loan for the purpose of increasing interest, costs, fees or charges payable by the borrower; (3) Accept any fees at closing that were not previously disclosed fully to the borrower; (4) Obtain any agreement or instrument in which blanks are left to be filled in after signing by a borrower; (5) Engage in any misrepresentation or omission of a material fact in connection with a residential mortgage loan; (6) Make payment, whether directly or indirectly, of any kind to any in-house or fee appraiser for the purpose of influencing the independent judgment of the appraiser with respect to the value of any residential real property that is to be covered by a residential mortgage loan; (7) Make any false promise likely to influence or persuade, or pursue a course of misrepresentations and false promises through mortgage loan originators or other agents or through advertising or otherwise; (8) Misrepresent, circumvent or conceal, through whatever subterfuge or device, any of the material terms of a residential mortgage loan transaction; (9) Enter into any agreement, with or without the payment of a fee, to fix in advance a particular interest rate or other term in a residential mortgage loan unless written confirmation of the agreement is delivered to the borrower as required by rule promulgated pursuant to this chapter and pertinent to this part; (10) Engage in mortgage loan origination activity through any person who at the time of such mortgage loan origination activity does not hold a mortgage loan originator license issued by the department or temporary authority pursuant to this chapter; or (11) Receive a fee for engaging in loan modification activities except pursuant to a written agreement between the person subject to this part and a person seeking a loan modification. The written agreement must specify the amount of the fee that will be charged to the person seeking a loan modification, specify the terms of the loan for which modification will be sought and disclose the expected impact of the loan modification on the monthly payment and length of the loan.  History: [26-31-211, added 2009, ch. 97, sec. 2, p. 295; am. 2013, ch. 64, sec. 10, p. 151; am. 2020, ch. 100, sec. 8, p. 267.]
ID Code § 26-31-212 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-212 - RESERVE ACCOUNTS.

26-31-212. RESERVE ACCOUNTS. (1) A mortgage lender shall, conspicuously and specifically, disclose to each borrower all contractual provisions relating to reserve accounts, impound accounts, escrow accounts, or any other account maintained for the borrower in order to pay for property taxes, property insurance, or private mortgage insurance. (2) Except as otherwise required by the truth in lending act, the real estate settlement procedures act, regulation X, or regulation Z, a mortgage lender shall not keep more than one hundred twenty percent (120%) of the amounts necessary on an annual basis to pay expected insurance, taxes, or other agreed charges. Upon written notice by a borrower to the mortgage lender that reserves being required are excessive, the mortgage lender must, within thirty (30) days, either refund the excess or explain to the borrower why the amounts being required are believed to be reasonable and necessary. If, after notice of hearing under chapter 52, title 67, Idaho Code, the director determines that the reserve account, impound account, escrow account, or any other similar account maintained for a borrower is not reasonable, the director may order the mortgage lender to reduce its reserve requirements for such accounts. In any proceeding under this section, the burden shall be upon the mortgage lender to prove that the amounts required for such reserve accounts are based upon actual and reasonably anticipated charges.  History: [26-31-212, added 2020, ch. 100, sec. 9, p. 268.]
ID Code § 26-31-213 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-213 - ANNUAL STATEMENTS.

26-31-213. ANNUAL STATEMENTS. (1) A mortgage lender shall deliver to the borrower at least annually, during the month of January, a statement of the borrower’s account showing the date and amount of all payments made or credited to the account for the immediately preceding twelve (12) month period and the total unpaid balance. The statement shall also clearly describe in full the amounts received on all tax and insurance reserve accounts, the disposition of such funds, and the amounts held in reserve in such accounts. The statement shall clearly indicate any penalty or interest payments because of failure to pay taxes on time. A fee shall not be charged to the borrower for the statements. (2) A borrower may request additional statements from a mortgage lender at any time, and the mortgage lender may, unless otherwise prohibited by law, require a fee to provide each such statement. The statement shall be delivered to the borrower within thirty (30) days after receipt of a written request from the borrower.  History: [26-31-213, added 2020, ch. 100, sec. 10, p. 269.]
ID Code § 26-31-214 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 2 - PROVISIONS APPLICABLE TO MORTGAGE BROKERS AND MORTGAGE LENDERS|Section 26-31-214 - NOTICE OF TRANSFER.

26-31-214. NOTICE OF TRANSFER. Except as otherwise provided for in the truth in lending act, the real estate settlement procedures act, regulation X, or regulation Z, a mortgage lender shall provide notice to the borrower within fifteen (15) days after any sale or assignment of the borrower’s residential mortgage loan to another person wherein the mortgage lender does not retain the loan servicing. A mortgage lender purchasing or receiving assignment of a residential mortgage loan with servicing shall provide to the borrower within thirty (30) days a written statement describing policies relating to the reserve account.  History: [26-31-214, added 2020, ch. 100, sec. 11, p. 269.]
ID Code § 26-31-301 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-301 - TITLE.

26-31-301. TITLE. This part 3 of the chapter may be cited as the "Idaho Secure and Fair Enforcement for Mortgage Licensing Act" or the "Idaho S.A.F.E. Mortgage Licensing Act."  History: [26-31-301, added 2009, ch. 97, sec. 2, p. 296; am. 2013, ch. 64, sec. 12, p. 152.]
ID Code § 26-31-302 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-302 - PURPOSE OF THIS PART.

26-31-302. PURPOSE OF THIS PART. (1) 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 Idaho consumers, Idaho’s economy, the neighborhoods and communities of Idaho, 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 Idaho and the stability of Idaho’s economy that reasonable standards for licensing and regulation of the business practices of mortgage loan originators be imposed. The legislature further finds that the obligations of mortgage loan originators to consumers in connection with originating or making residential mortgage loans are such as to warrant the regulation of the mortgage loan origination process. The purpose of this part is to protect consumers seeking mortgage loans and to ensure that the mortgage industry is operating without unfair, deceptive, and fraudulent practices on the part of mortgage loan originators. Therefore, the legislature establishes within this part an effective system of supervision of mortgage loan originators and enforcement authority, including: (a) The authority of the director to issue licenses to conduct business under this part, and the authority to promulgate rules and adopt procedures necessary to the licensing of persons covered under this part; (b) The authority of the director to deny, suspend, condition or revoke licenses issued under this part; (c) The authority of the director to examine, investigate and conduct enforcement actions as necessary to carry out the intended purposes of this part, including the authority to subpoena witnesses and documents, enter orders, including cease and desist orders, order restitution and monetary penalties, and order the removal and ban of individuals from office or employment. (2) The director shall have broad administrative authority to administer, interpret and enforce this part, and to promulgate rules and issue orders implementing this part, to carry out the intention of the legislature under this part.   History: [26-31-302, added 2009, ch. 97, sec. 2, p. 296.]
ID Code § 26-31-307 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-307 - PRELICENSING AND RELICENSING EDUCATION OF MORTGAGE LOAN ORIGINATORS.

26-31-307. PRELICENSING AND RELICENSING EDUCATION OF MORTGAGE LOAN ORIGINATORS. (1) All individuals seeking a mortgage loan originator license under this part shall satisfy the prelicensing education requirement by completing at least twenty (20) hours of course instruction that has been approved by the NMLSR and administered by a provider approved by the NMLSR. Course instruction shall include: (a) Three (3) hours minimum of instruction on federal law and regulation; (b) Three (3) hours minimum of instruction on ethics, which shall include fraud, consumer protection and fair lending issues; (c) Two (2) hours minimum of instruction on lending standards for the nontraditional mortgage product marketplace; and (d) Two (2) hours minimum of instruction directly related to this chapter and rules promulgated pursuant to this chapter. (2) Nothing in this section shall preclude any prelicensing education course approved by the NMLSR that is provided by the applicant’s employer, an entity affiliated with the applicant by an agency contract or any subsidiary or affiliate of such employer or entity. (3) The prelicensing education may be completed in a classroom, online or by any other means approved by the NMLSR. (4) The prelicensing education requirements approved by the NMLSR in subsection (1)(a) through (c) of this section for any state shall be accepted as credit toward completion of prelicensing education requirements in Idaho. (5) An individual licensed prior to the effective date of this part who is applying to be relicensed shall submit proof that he has completed all of the continuing education requirements for the year in which the license was last held.   History: [26-31-307, added 2009, ch. 97, sec. 2, p. 301.]
ID Code § 26-31-308 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-308 - TESTING OF MORTGAGE LOAN ORIGINATORS.

26-31-308. TESTING OF MORTGAGE LOAN ORIGINATORS. (1) All individuals seeking a mortgage loan originator license under this part shall satisfy the written test requirement by passing a qualified written test developed by the NMLSR and administered by a provider approved by the NMLSR based upon reasonable standards and subject to subsection (2) of this section. (2) A written test shall not be deemed a qualified written test for purposes of subsection (1) of this section unless it tests the applicant’s knowledge and comprehension in the following subject areas: (a) Ethics; (b) Federal and state law and regulation pertaining to mortgage loan origination; (c) Federal and state law and regulation pertaining to fraud, consumer protection, the nontraditional mortgage marketplace and fair lending issues. (3) Nothing in this section shall prohibit a test provider approved by the NMLSR from administering a written test at the applicant’s place of employment, at the location of any subsidiary or affiliate of the applicant’s employer or at the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator. (4) In order to pass a qualified written test, an individual must achieve a test score of not less than seventy-five percent (75%) correct answers to questions. (5) An individual may retake a qualified written test two (2) times with each test occurring at least thirty (30) days after the preceding test. If an individual does not achieve a passing score on a qualified written test upon retake number two (2), then the individual shall wait at least six (6) months before retaking a written test. (6) A mortgage loan originator who fails to maintain a valid license under this part for a period of five (5) years or longer shall, as a condition of obtaining a new license under this part, retake and pass a qualified written test, not taking into account any time during which such individual is a registered mortgage loan originator.  History: [26-31-308, added 2009, ch. 97, sec. 2, p. 301; am. 2013, ch. 64, sec. 17, p. 157.]
ID Code § 26-31-309 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-309 - LICENSE RENEWAL AND REINSTATEMENT REQUIREMENTS.

26-31-309. LICENSE RENEWAL AND REINSTATEMENT REQUIREMENTS. (1) The minimum standards for license renewal for mortgage loan originators licensed under this part shall include the following: (a) The mortgage loan originator continues to meet the minimum standards for license issuance pursuant to section 26-31-306, Idaho Code; (b) The mortgage loan originator has satisfied the annual continuing education requirements pursuant to section 26-31-310, Idaho Code; and (c) The mortgage loan originator has filed with the director through the NMLSR, on or before December 31 of each year, a renewal application containing such information as the director may require, accompanied by a nonrefundable annual license renewal fee of one hundred dollars ($100). (2) If a mortgage loan originator fails to timely satisfy the provisions of subsection (1) of this section, notwithstanding the provisions of section 67-5254, Idaho Code, then his license automatically and immediately expires.  (3) The director may reinstate an expired license during the time period of January 1 through February 28, immediately following license expiration if the director finds that the former licensee meets the requirements for licensure under this part after submission to the director of: (a) A complete application for renewal; (b) The fees required to apply for license renewal unless previously paid for the period for which the license renewal applies; and (c) A reinstatement fee of one hundred dollars ($100).  History: [26-31-309, added 2009, ch. 97, sec. 2, p. 302; am. 2013, ch. 64, sec. 18, p. 158.]
ID Code § 26-31-310 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 3 - PROVISIONS APPLICABLE TO MORTGAGE LOAN ORIGINATORS|Section 26-31-310 - CONTINUING EDUCATION FOR MORTGAGE LOAN ORIGINATORS.

26-31-310. CONTINUING EDUCATION FOR MORTGAGE LOAN ORIGINATORS. (1) In order to meet the annual continuing education requirements, a licensed mortgage loan originator shall complete at least eight (8) hours of education each year, which shall include: (a) Three (3) hours minimum of instruction on federal law and regulation; (b) Two (2) hours minimum of instruction on ethics, including instruction on fraud, consumer protection and fair lending issues; (c) Two (2) hours minimum of instruction on lending standards for the nontraditional mortgage product marketplace; and (d) One (1) hour minimum of instruction directly related to this chapter and rules promulgated pursuant to this chapter. (2) All continuing education courses and course providers shall be reviewed and approved by the NMLSR based upon reasonable standards. (3) Nothing in this section shall preclude any approved education course that is provided by the mortgage loan originator’s employer or an entity which is affiliated with the mortgage loan originator by an agency contract or any subsidiary or affiliate of such employer or entity. (4) Continuing education courses may be completed either in a classroom, online or by any other means approved by the NMLSR. (5) A licensed mortgage loan originator may only receive credit for a continuing education course in the year in which the course is taken, except as provided in section 26-31-309(3), Idaho Code, and subsection (9) of this section, and may not take the same approved course in the same or successive years in order to meet the annual continuing education requirements. (6) A licensed mortgage loan originator who is an approved instructor may receive credit toward his required annual continuing education hours at the rate of two (2) hours of credit for every one (1) hour of instruction of an approved continuing education course. (7) An individual having successfully completed the continuing education requirements described in subsection (1)(a) through (c) of this section for any state shall be awarded credit toward completion of continuing education requirements in Idaho. (8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license. (9) An individual meeting the requirements of section 26-31-309(1)(a) and (c), Idaho Code, may make up any deficiency in continuing education requirements as established by rule of the director.   History: [26-31-310, added 2009, ch. 97, sec. 2, p. 302; am. 2013, ch. 64, sec. 19, p. 159.]