reglab/housing_qa huggingface dataset:
WV Code § 31-17A-6 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-6. Prelicensing and Relicensing Education of Loan Originators

(a) To meet the prelicensing education requirement, a person must complete at least 24 hours of education approved in accordance with subsection (b) of this section, which shall include at least:(1) Three hours of federal law and regulations;(2) Three hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues;(3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace; and(4) Four hours of training related to West Virginia mortgage and consumer laws or issues.(b) For purposes of subsection (a) of this section, prelicensing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry or the Division based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider.(c) Nothing in this section precludes any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry or the Division, that is provided by the employer of the applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity.(d) Prelicensing education may be offered either in a classroom, online or by any other means approved by the Nationwide Mortgage Licensing System and Registry.(e) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry or the Division in subdivisions (1), (2) and (3) subsection (a) of this section for any state shall be accepted as credit towards completion of prelicensing education requirements in West Virginia.(f) A person previously licensed under this article subsequent to July 1, 2009, applying to be licensed again must prove that they have completed all of the continuing education requirements for the year in which the license was last held.
WV Code § 31-17A-7 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-7. Testing of Loan Originators

(a) To meet the written test requirement, an individual must pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards.(b) A written test may not be treated as a qualified written test for purposes of subsection (a) of this section unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:(1) Ethics;(2) Federal law and regulation pertaining to mortgage origination;(3) State law and regulation pertaining to mortgage origination; and(4) Federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace and fair lending issues.(c) Nothing in this section prohibits a test provider approved by the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.(d) An individual may not be considered to have passed a qualified written test unless the individual achieves a test score of not less than seventy-five percent correct answers to questions.(e) An individual may retake a test three consecutive times with each consecutive taking occurring at least thirty days after the preceding test. After failing three consecutive tests, an individual must wait at least six months before taking the test again.(f) A licensed mortgage loan originator who fails to maintain a valid license for a period of five consecutive years or longer must retake the test, not taking into account any time during which the individual is a registered mortgage loan originator.
WV Code § 31-17A-8 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-8. Standards for License Renewal

(a) The minimum standards for license renewal for mortgage loan originators shall include the following:(1) The mortgage loan originator continues to meet the minimum standards for license issuance under section five of this article;(2) The mortgage loan originator has satisfied the annual continuing education requirements described in section nine of this article; and(3) The mortgage loan originator has paid all required fees for renewal of the license.(b) The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The commissioner may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
WV Code § 31-17A-9 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-9. Continuing Education for Mortgage Loan Originators

(a) To meet the annual continuing education requirements, a licensed mortgage loan originator must complete at least nine hours of education approved in accordance with subsection (b) of this section, which shall include at least:(1) Three hours of federal law and regulations;(2) Two hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues;(3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace; and(4) Two hours of West Virginia law or regulations.(b) For purposes of subsection (a) of this section, continuing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry or the Division based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.(c) Nothing in this section precludes any education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the mortgage loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of the employer or entity.(d) Continuing education may be offered either in a classroom, online or by any other means approved by the Nationwide Mortgage Licensing System and Registry.(e) A licensed mortgage loan originator:(1) Except for §31-17A-8(b) of this code and subsection (i) of this section, may only receive credit for a continuing education course in the year in which the course is taken; and(2) May not take the same approved course in the same or successive years to meet the annual requirements for continuing education.(f) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator’s own annual continuing education requirement at the rate of two hours credit for every one hour taught.(g) A person having successfully completed the education requirements approved by the Nationwide Mortgage Licensing System and Registry in subdivisions (1), (2) and (3), subsection (a) of this section for any state shall be accepted as credit towards completion of continuing education requirements in West Virginia.(h) A licensed mortgage loan originator who subsequently becomes unlicensed must complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.(i) A person meeting the renewal requirements of §31-17A-8(a)(1) and §31-17A-8(a)(3) of this code may make up any deficiency in continuing education as established by the commissioner.
WV Code § 31-17A-10 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-10. Authority to Require License

In addition to any other duties imposed upon the commissioner by law, the commissioner shall require mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. The commissioner is authorized to participate in the Nationwide Mortgage Licensing System and Registry to carry out this requirement. The commissioner may establish requirements as necessary, including, but not limited to:(1) Background checks for:(A) Criminal history through fingerprint or other databases;(B) Civil or administrative records;(C) Credit history; or(D) Any other information as deemed necessary by the Nationwide Mortgage Licensing System and Registry.(2) The payment of fees to apply for or renew licenses through the Nationwide Mortgage Licensing System and Registry;(3) The setting or resetting as necessary of renewal or reporting dates;(4) Requirements for amending or surrendering a license; and(5) Any other activities the commissioner deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.
WV Code § 31-17A-11 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-11. Nationwide Mortgage Licensing System and Registry Information Challenge Process

The commissioner shall establish a process in accordance with the Administrative Procedures Act, provided in article five, chapter twenty-nine-a of this code, whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the commissioner.
WV Code § 31-17A-12 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-12. Enforcement Authorities, Violations and Penalties

(a) To ensure the effective supervision and enforcement of this article, the commissioner may:(1) Deny, suspend, revoke, condition or decline to renew a license issued under this article for a violation of this article or rules or order or directive entered under this article;(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 five or eight of this article, 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 article for violations of this article;(4) Impose civil administrative penalties on persons subject to this article pursuant to subsections (b), (c) and (d) of this section; and(5) Issue orders or directives under this article as follows:(A) Order or direct persons subject to this article to cease and desist from conducting business, including immediate temporary orders to cease and desist;(B) Order or direct persons subject to this article to cease any harmful activities or violations of this article, including immediate temporary orders to cease and desist;(C) Enter immediate temporary orders to cease business under a license or interim license issued pursuant to the authority granted under section three if the commissioner determines that such license was erroneously issued or the licensee is currently in violation of this article; and(D) Order or direct such other affirmative action as the commissioner deems necessary.(b) The commissioner may impose a civil administrative penalty on a mortgage loan originator or person subject to this article if the commissioner finds, on the record after notice and opportunity for hearing, that such mortgage loan originator or person subject to this article has violated or failed to comply with any requirement of this article or any rule prescribed by the commissioner under this article or order issued under authority of this article.(c) The maximum amount of penalty for each act or omission described in subsection (b) of this section shall be $25,000.(d) Each violation or failure to comply with any directive or order of the commissioner is a separate and distinct violation or failure.(e) If the commissioner takes any enforcement action under this article, he or she shall enter an order to that effect and shall cause a copy of that order to be served in person or by certified mail, return receipt requested, or in any other manner in which process in a civil action in this state may be served, on the applicant or licensee. The commissioner shall also submit a copy of the order for publication in the Nationwide Mortgage Licensing System and Registry when that functionality of the system becomes available. An applicant or licensee adversely affected by an order may request an appeal and shall be provided a hearing as provided in section fourteen, article seventeen of this chapter.
WV Code § 31-17A-13 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-13. Surety Bond Required

(a) Each mortgage loan originator must be covered by a surety bond in accordance with this section in favor of the state for the benefit of consumers or for a claim by the commissioner for an unpaid civil administrative penalty or unpaid examination invoice. If the mortgage loan originator is an employee or exclusive agent of a person subject to this article, article seventeen of this chapter, or article four, chapter forty-six-a of this code, the surety bond of that person may be used in lieu of the mortgage loan originator's individual surety bond requirement. Any person not subject to licensing as a mortgage lender or broker under article seventeen, chapter thirty-one of this code or article four, chapter forty-six-a of this code that employs a mortgage loan originator licensed under this article may elect to register with the Nationwide Mortgage Licensing System and Registry and provide a surety bond in the appropriate amount for the mortgage loan originator employed.(1) The surety bond must provide coverage for each mortgage loan originator in an amount as prescribed in subsection (b) of this section.(2) The surety bond shall be in a form as prescribed by the commissioner.(3) The commissioner may promulgate rules with respect to the requirements for such surety bonds as are necessary to accomplish the purposes of this article.(b) The penal sum of the surety bond shall be maintained in an amount as required by article seventeen of this chapter for licensed mortgage lenders and brokers or article four, chapter forty-six-a of this code for regulated consumer lenders.(c) When an action is commenced on a licensee's bond or any bond covering the activities of a licensee under this article, the commissioner may require the filing of a new bond.(d) Immediately upon recovery upon any action on a bond covering any licensee under this article, a new bond shall be filed.(e) The commissioner may elect to reduce or waive the bond amounts imposed by this section for mortgage loan originators employed by bona fide nonprofit corporations or other bona fide nonprofit business entities, including community housing development organizations, or any agency or instrumentality of this state, federal, county or municipal government whose residential mortgage lending or brokering activities provide housing primarily to households or persons below the HUD-established median income for their area of residence if the commissioner determines that a reduction or waiver would not violate any applicable law. Any waiver of fees or other costs under this paragraph shall not be construed as a waiver of the duty to comply with all other provisions of this article.
WV Code § 31-17A-14 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-14. Confidentiality

(a) Except as otherwise provided in Public Law 110-289, Section 1512, the requirements under any federal law or any provision of this code regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to the information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. This 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 law or any provision of this code.(b) For these purposes, the commissioner is authorized to enter 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) of this section may 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 the respective 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 the Nationwide Mortgage Licensing System and Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of that person, the privilege.(d) Any provision of this code relating to the disclosure of confidential supervisory information or any information or material described in subsection (a) of this section that is inconsistent with said subsection shall be superseded by the requirements of this section.(e) This section does not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.
WV Code § 31-17A-16 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-16. Prohibited Acts and Practices

It is a violation of this article for a person or individual subject to this article to:(1) Directly or indirectly employ any scheme, device or artifice to defraud or mislead borrowers or lenders or to defraud any person.(2) Engage in any unfair or deceptive practice toward any person.(3) Obtain property by fraud or misrepresentation.(4) Solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this article may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower.(5) Solicit, advertise or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising or contracting.(6) Conduct any business covered by this article without holding a valid license as required under this article, or assist or aide and abet any person in the conduct of business under this article without a valid license as required under this article.(7) Fail to make disclosures as required by this article and any other applicable state or federal law including rules and regulations thereunder.(8) Fail to comply with this article or rules promulgated under this article, or fail to comply with any other state or federal law, including the rules and regulations thereunder, applicable to any business authorized or conducted under this article.(9) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points or other financing terms or conditions for a residential mortgage loan, or engage in bait and switch advertising.(10) Negligently make any false statement or knowingly and willfully make any omission of material fact in connection with any information or reports filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation conducted by the commissioner or another governmental agency.(11) Make any payment, threat or promise, directly or indirectly, to any person for the purposes of influencing the independent judgment of the person in connection with a residential mortgage loan, or make any payment threat or promise, directly or indirectly, to any appraiser of a property for the purposes of influencing the independent judgment of the appraiser with respect to the value of the property.(12) Collect, charge, attempt to collect or charge or use or propose any agreement purporting to collect or charge any fee prohibited by this article.(13) Cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer.(14) Fail to truthfully account for moneys belonging to a party to a residential mortgage loan transaction.
WV Code § 31-17A-17 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-17. Report to Mortgage Licensing System and Registry

The commissioner is required to report violations of this act, as well as enforcement actions and other relevant information to the Nationwide Mortgage Licensing System and Registry subject to the provisions of section fourteen of this article.
WV Code § 31-17A-18 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-18. Unique Identifier Shown

The unique identifier of any person originating a residential mortgage loan must be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule or order of the commissioner.
WV Code § 31-17A-19 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-19. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the remainder of the article or the application of the provision to other persons or circumstances is not affected.
WV Code § 31-17A-20 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 17A. West Virginia Safe Mortgage Licensing Act|§31-17A-20. Effective Date

The effective date of this article shall be July 1, 2009.
WV Code § 31-18-1 (2021)
2021 West Virginia Code|Chapter 31. Corporations|Article 18. West Virginia Housing Development Fund|§31-18-1. Short Title

This article shall be known and may be cited as the "West Virginia Housing Development Fund Act."