reglab/housing_qa huggingface dataset:
HI Rev Stat § 454F-12 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-12 Enforcement authorities; violations; penalties.

  §454F-12 Enforcement authorities; violations; penalties. (a) To ensure the effective supervision and enforcement of this chapter, the commissioner may, pursuant to chapter 91:  (1) Deny, suspend, revoke, condition, or decline to renew a license because of a violation of this chapter, rules, an order, or a directive entered under this chapter;  (2) Deny, suspend, revoke, condition, or decline to renew a license if an applicant or licensee fails at any time to meet the requirements of section 454F-4, 454F-6, or 454F-8, violates section 454F-17, or withholds information or makes a material misstatement in an application for a license or renewal of a license;  (3) Order restitution against persons subject to this chapter for violations of this chapter;  (4) Impose fines on persons subject to this chapter; and  (5) Issue orders or directives under this chapter as follows:  (A) Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist;  (B) Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist;  (C) Enter immediate temporary orders to cease doing business under a license issued pursuant to the authority granted under this chapter if the commissioner determines that the license was erroneously granted or the licensee or any person subject to this chapter is currently in violation of this chapter; or  (D) Order or direct any other affirmative action as the commissioner deems necessary.  (b) The commissioner may impose an administrative fine on a licensee or person subject to this chapter if the commissioner finds on the record after notice and opportunity for hearing that the licensee or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any rule prescribed by the commissioner under this chapter or order issued under the authority of this chapter.  (c) The maximum fine for each act or omission described in subsection (b) shall be $25,000.  (d) Each violation or failure to comply with any directive or order of the commissioner shall be a separate and distinct violation.  (e) Notwithstanding section 480-13.5, any violation of this chapter that is directed toward, targets, or injures an elder, may be subject to an additional civil penalty not in excess of $10,000 for each violation in addition to any other fines or penalties assessed for the violation. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §19; am L 2014, c 198, §5]
HI Rev Stat § 454F-13 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-13 REPEALED.

  §454F-13 REPEALED. L 2010, c 84, §27.
HI Rev Stat § 454F-14 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-14 Confidentiality.

  §454F-14 Confidentiality. (a) Except as otherwise provided in Public Law 110-289, section 1512, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material shall continue to apply to the information or material after the information or material has been disclosed to NMLS. The 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.  (b) For these purposes, the commissioner is authorized to enter into agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule or order of the commissioner.  (c) Information or material that is subject to a privilege or confidentiality under subsection (a) shall not be subject to:   (1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or a state; or  (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by NMLS applicable to the information or material; provided that the person to whom the information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.  (d) Notwithstanding chapter 92F, the examination process and related information and documents, including the reports of examination, are confidential and are not subject to discovery or disclosure in civil or criminal lawsuits.  (e) Notwithstanding any law to the contrary, the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of this section.  (f) This section shall not apply to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators and mortgage loan originator companies that are included in NMLS for access by the public. [L Sp 2009, c 32, pt of §2; am L 2013, c 168, §20; am L 2014, c 198, §6; am L 2016, c 122, §14]
HI Rev Stat § 454F-16 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-16 Mortgage call reports.

 §454F-16 Mortgage call reports. Each licensee and exempt sponsoring mortgage loan originator company, as may be required by title 12 United States Code sections 5101 to 5116, shall submit quarterly to NMLS reports of condition, using the form entitled "FINANCIAL CONDITION" or "RESIDENTIAL MORTGAGE LOAN ACTIVITY", which shall be in the form and contain the information as NMLS may require. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §21; am L 2013, c 168, §16; am L 2014, c 198, §7]
HI Rev Stat § 454F-18 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-18 Powers of commissioner.

  §454F-18 Powers of commissioner. (a) The commissioner may adopt rules pursuant to chapter 91 as the commissioner deems necessary for the administration of this chapter.  (b) In addition to any other powers provided by law, the commissioner shall have the authority to:  (1) Administer and enforce the provisions and requirements of this chapter;  (2) Adopt, amend, or repeal rules and issue declaratory rulings or informal nonbinding interpretations;  (3) Develop requirements for licensure through rules, including establishing the content of the written tests required under section 454F-7;  (4) Investigate and conduct hearings regarding any violation of this chapter or any rule or order of, or agreement with, the commissioner;  (5) Create fact-finding committees that may make recommendations to the commissioner for the commissioner's deliberations;  (6) Require an applicant or any of its control persons, executive officers, directors, general partners, and managing members to disclose their relevant criminal history and request a criminal history record check in accordance with chapter 846;  (7) Contract with or employ qualified persons, including investigators, examiners, or auditors who may be exempt from chapter 76 and who shall assist the commissioner in exercising the commissioner's powers and duties;  (8) Require that all fees, fines, and charges collected by the commissioner under this chapter, except for fees designated for deposit into the mortgage loan recovery fund pursuant to section 454F-41, be deposited into the compliance resolution fund established pursuant to section 26-9(o);  (9) Process and investigate complaints, subpoena witnesses and documents, administer oaths, and receive affidavits and oral testimony, including telephonic communications, and do any and all things necessary or incidental to the exercise of the commissioner's power and duties, including the authority to conduct contested case proceedings under chapter 91; and  (10) Require a licensee to comply with any rule, guidance, guideline, statement, supervisory policy or any similar proclamation issued or adopted by the Federal Deposit Insurance Corporation to the same extent and in the same manner as a bank chartered by the State or in the alternative, any policy position of the Conference of State Bank Supervisors. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §23; am L 2017, c 150, §8]
HI Rev Stat § 454F-19 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-19 Unique identifier shown.

  §454F-19 Unique identifier shown. The unique identifier of any person originating a residential mortgage loan, except a person who is exempt from this chapter, shall be clearly shown on all residential mortgage loan application forms, solicitations, and advertisements, including business cards or websites, and any other documents as established by rule or order of the commissioner. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §24; am L 2014, c 198, §8]
HI Rev Stat § 454F-20 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-20 Report to NMLS.

  §454F-20 Report to NMLS. Notwithstanding any other law to the contrary, the commissioner is required to regularly report violations of this chapter, as well as enforcement actions and other relevant information, to NMLS subject to the confidentiality provisions contained in section 454F-14. [L Sp 2009, c 32, pt of §2; am L 2013, c 168, §17]
HI Rev Stat § 454F-21 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-21 REPEALED.

  §454F-21 REPEALED. L 2010, c 84, §28.
HI Rev Stat § 454F-23 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-23 Payment of fees.

 §454F-23 Payment of fees. All fees collected pursuant to section 454F-22, administrative fines, and other charges collected pursuant to this chapter, except fees designated for deposit into the mortgage loan recovery fund shall be deposited into the compliance resolution fund established pursuant to section 26-9(o) and shall be payable through NMLS, to the extent allowed by NMLS. Fees not eligible for payment through NMLS shall be deposited into a separate account within the compliance resolution fund for use by the division. [L 2010, c 84, pt of §3; am L 2013, c 168, §20]
HI Rev Stat § 454F-24 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-24 Limited exemption for mortgage loan originators employed by mortgage servicers.

 §454F-24 Limited exemption for mortgage loan originators employed by mortgage servicers.  An employee who performs mortgage loan originator activities for a mortgage servicer is exempt from registration and licensure as a mortgage loan originator; provided that:  (1) The employee's actions are part of the employee's duties as an employee of the mortgage servicer; and  (2) The employee's mortgage loan originator services are limited to residential loan modifications and processing the approval of loan assumptions. [L 2012, c 252, pt of §1; am L 2014, c 198, §10; am L 2016, c 122, §17]
HI Rev Stat § 454F-25 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-25 Nonprofit organizations; mortgage loan originators.

  §454F-25 Nonprofit organizations; mortgage loan originators. (a) An employee who performs mortgage loan originator activities for a nonprofit organization is exempt from registration and licensure as a mortgage loan originator; provided that:  (1) The employee's actions are part of the employee's duties as an employee of the nonprofit organization;  (2) The employee only provides mortgage loan originator services with respect to residential mortgage loans with terms favorable to the borrower; and  (3) The nonprofit organization maintains a valid registration as a nonprofit organization in NMLS and a unique identifier through NMLS.  (b) The commissioner shall periodically examine the books and activities of nonprofit organizations as defined in section 454F-1 and shall revoke an organization's registration as a nonprofit organization with NMLS if the nonprofit organization fails to meet the requirements to be a nonprofit organization.  (c) In determining whether a residential mortgage loan has terms favorable to the borrower, the commissioner shall examine:  (1) The interest rate that the home loan would carry;  (2) The charges that are imposed on the borrower for origination, application, closing, and other costs;  (3) Whether the mortgage includes any predatory characteristics;  (4) The borrower's ability to repay the loan; and  (5) The term of the mortgage.  (d) A nonprofit organization shall designate an employee who shall have the duty to directly manage and supervise the mortgage loan origination activity of the nonprofit organization, including:  (1) The maintenance of all records, contracts, and documents of the nonprofit organization relating to mortgage loan origination activity;  (2) All mortgage loan originator agreements and mortgage loan documents and the handling of these documents by the nonprofit organization's employees, or by independent contractors located at or working out of the nonprofit organization; and  (3) All employees of the nonprofit organization, and all independent contractors of the nonprofit organization located at or working out of the nonprofit organization, who are working on or handling mortgage loan origination activity of the nonprofit organization. [L 2012, c 252, pt of §1; am L 2014, c 9, §7 and c 198, §11; am L 2017, c 150, §10]
HI Rev Stat § 454F-26 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-26 REPEALED.

  §454F-26  REPEALED. L 2014, c 198, §12
HI Rev Stat § 454F-43 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-43 Management of fund.

  §454F-43 Management of fund. (a) The sums received by the division pursuant to section 454F-41 for deposit into the mortgage loan recovery fund shall be held by the commissioner or the commissioner's designee to carry out the purpose of the mortgage loan recovery fund. These funds may be invested and reinvested in the same manner as funds of the state employees' retirement system.  (b) The commissioner or the commissioner's designee, as the manager of the mortgage loan recovery fund, shall be authorized to expend moneys from the fund to retain private legal counsel to represent the commissioner in any action involving the mortgage loan recovery fund. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-44 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-44 Standing.

  §454F-44 Standing. The commissioner shall have standing to intervene in and defend any action to recover from the mortgage loan recovery fund, including by entering an appearance, filing an answer, appearing at court hearings, and taking any recourse through appropriate methods of review. The commissioner or the commissioner's legal representative shall be served with all pleadings in any action pursuant to this section. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-45 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-45 Subrogation of rights.

  §454F-45 Subrogation of rights. When, pursuant to court order, the commissioner has paid any sum to a judgment creditor from the mortgage loan recovery fund, the commissioner shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all of the judgment creditor's rights, title, and interest in the judgment to the commissioner. Any interest collected by the commissioner pursuant to this section shall be deposited into the mortgage loan recovery fund. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-46 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-46 Waiver of rights.

 §454F-46 Waiver of rights. The failure of an aggrieved person to comply with sections 454F-41 and 454F-42 shall constitute a waiver of the rights contained in those sections. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-47 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-47 Disciplinary action against licensee.

 §454F-47 Disciplinary action against licensee. No provision of this chapter relating to the mortgage loan recovery fund shall limit the authority of the commissioner to take disciplinary action against any licensee for a violation of this chapter or of the rules and orders of the commissioner adopted pursuant to this chapter. Repayment of obligations to the mortgage loan recovery fund by a licensee shall not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter. [L 2010, c 84, pt of §3]
HI Rev Stat § 454F-51 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-51 Purpose.

 §454F-51 Purpose. The purpose of this part is to implement section 106 of the Economic Growth, Regulatory Relief, and Consumer Protection Act, P.L. 115-174. [L 2019, c 74, pt of §1]
HI Rev Stat § 454F-52 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-52 Employment transition of loan originators.

 §454F-52 Employment transition of loan originators. In anticipation of satisfying all licensure requirements set out in part I, an individual shall be deemed to have temporary authority to act as a mortgage loan originator in this State as provided by and subject to the requirements of this part. [L 2019, c 74, pt of §1]
HI Rev Stat § 454F-53 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454F. Secure and Fair Enforcement for Mortgage Licensing Act|454F-53 Definitions.

  §454F-53 Definitions. In this part, unless the context or subject matter otherwise requires:  "Depository institution" has the same meaning as in title 12 United States Code section 5102.  "Federal banking agency" has the same meaning as in title 12 United States Code section 5102.  "Federal SAFE Act" means the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, title 12 United States Code section 5101 et seq.  "Loan originator" has the same meaning as in title 12 United States Code section 5102.  "Registered loan originator" means any individual who:  (1) Meets the definition of loan originator and is an employee of:  (A) A depository institution;  (B) A subsidiary that is:  (i) Owned and controlled by a depository institution; and  (ii) Regulated by a federal banking agency; or  (C) An institution regulated by the Farm Credit Administration; and  (2) Is registered with, and maintains a unique identifier through, NMLS.  "State" means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.  "State-licensed loan originator" means any individual who:  (1) Is a loan originator;  (2) Is not an employee of:  (A) A depository institution;  (B) A subsidiary that is:  (i) Owned and controlled by a depository institution; and  (ii) Regulated by a federal banking agency; or  (C) An institution regulated by the Farm Credit Administration; and  (3) Is licensed by a state or by the Director of the Bureau of Consumer Financial Protection and registered as a loan originator with, and maintains a unique identifier through, NMLS.  "State-licensed mortgage company" means an entity that is licensed or registered under this chapter to engage in residential mortgage loan origination and processing activities.  "This State" means the State of Hawaii. [L 2019, c 74, pt of §1]
HI Rev Stat § 454M-2 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454M. Mortgage Servicers|454M-2 License required.

  §454M-2 License required. (a) No person except those exempted under this chapter shall engage in the business of mortgage servicing without a license as provided in this chapter.  (b) No person shall engage in the business of mortgage servicing in this State unless the person providing services has a physical presence in the State pursuant to section 454M-5(b)(6). [L 2009, c 106, pt of §1; am L 2011, c 48, §8; am L 2012, c 245, §3; am L 2015, c 62, §3; am L 2016, c 122, §20] Cross References  Enforcement authorities, see §454M-8.7.
HI Rev Stat § 454M-2.5 (2021)
2021 Hawaii Revised Statutes|Title 25. Professions and Occupations|454M. Mortgage Servicers|454M-2.5 Unlicensed foreclosure actions voided.

  §454M-2.5 Unlicensed foreclosure actions voided. Any action taken in connection with a mortgage foreclosure under chapter 667 by a nonexempt person who engages in the business of mortgage servicing without a license as provided in this chapter shall be void for purposes of chapter 667. [L 2011, c 48, §2]