reglab/housing_qa huggingface dataset:
ID Code § 26-31-104 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-104 - BORROWER’S REMEDIES NOT AFFECTED.

26-31-104. BORROWER’S REMEDIES NOT AFFECTED. The grant of powers to the director in this chapter does not limit remedies available to borrowers under this chapter or under other principles of law or equity.  History: [26-31-104, added 2009, ch. 97, sec. 2, p. 285.]
ID Code § 26-31-105 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-105 - RELATIONSHIP TO OTHER LAWS.

26-31-105. RELATIONSHIP TO OTHER LAWS. (1) All political subdivisions of this state shall be prohibited from enacting and enforcing ordinances, resolutions, regulations and rules pertaining to the financial or lending activities of persons who: (a) Are subject to the jurisdiction of the department, including those whose activities are subject to this chapter; (b) Are subject to the jurisdiction or regulatory supervision of the board of governors of the federal reserve system, the office of the comptroller of the currency, the national credit union administration, the federal deposit insurance corporation, the federal trade commission or the United States department of housing and urban development; or (c) Originate, purchase, sell, assign, securitize or service property interests or obligations created by financial transactions or loans made, executed or originated by persons referred to in paragraph (a) or (b) of this subsection or who assist or facilitate such transactions. (2) The requirements of this section shall apply to all ordinances, resolutions and rules pertaining to financial or lending activities, including any ordinances, resolutions or rules disqualifying persons from doing business with a political subdivision based upon financial or lending activities or imposing reporting requirements or any other obligations upon persons regarding financial or lending activities. (3) In the event that the United States department of housing and urban development, pursuant to the authority granted to it under section 1508, P.L. 110-289, determines that a provision of this chapter does not meet the requirements of section 1508, P.L. 110-289, the director may, in his discretion, for the sole purpose of complying with the determination, refrain from enforcing the provision found by the department of housing and urban development to not meet the requirements of section 1508, P.L. 110-289, until the adjournment of the session of the legislature next following the determination by the department of housing and urban development.  History: [26-31-105, added 2009, ch. 97, sec. 2, p. 285; am. 2015, ch. 244, sec. 11, p. 1013.]
ID Code § 26-31-106 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-106 - FUNDS COLLECTED UNDER THIS CHAPTER.

26-31-106. FUNDS COLLECTED UNDER THIS CHAPTER. Except as provided in section 26-31-110 of this chapter pertaining to the mortgage recovery fund, the director shall deposit all funds collected by the department under this chapter into the finance administrative account pursuant to section 67-2702, Idaho Code.  History: [26-31-106, added 2009, ch. 97, sec. 2, p. 285.]
ID Code § 26-31-107 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-107 - CHARGES FOR PARTICIPATION IN THE NMLSR.

26-31-107. CHARGES FOR PARTICIPATION IN THE NMLSR. Mortgage brokers, mortgage lenders and mortgage loan originators who seek to obtain or retain a license under this chapter shall pay the charges imposed and retained by the NMLSR to fund the expenses associated with an applicant’s or licensee’s participation in the NMLSR.  History: [26-31-107, added 2009, ch. 97, sec. 2, p. 285.]
ID Code § 26-31-108 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-108 - REPORT TO NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.

26-31-108. REPORT TO NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY. The director shall regularly report to the NMLSR violations of this chapter, as well as enforcement actions and other relevant information, subject to the provisions of section 26-31-315, Idaho Code.  History: [26-31-108, added 2009, ch. 97, sec. 2, p. 285.]
ID Code § 26-31-109 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-109 - MORTGAGE RECOVERY FUND.

26-31-109. MORTGAGE RECOVERY FUND. (1) There is hereby created in the state treasury the mortgage recovery fund. (2) As provided in section 26-31-112, Idaho Code, the mortgage recovery fund shall be used to reimburse persons to whom an Idaho court awards actual damages resulting from acts constituting violations of this chapter by a mortgage broker, mortgage lender or mortgage loan originator who was licensed, or required to be licensed, under this chapter at the time that the act was committed. (3) A recovery from the mortgage recovery fund shall not include punitive damages awarded by a court. (4) Payments from the mortgage recovery fund may not be made to: (a) Any lender whose acts, or the acts of its agent, were found by a court to be violations of this chapter and a basis of the court’s award of a money judgment to a person injured by such violations; (b) Any person who acquires a mortgage loan where acts associated with the origination of such loan are found by a court to be violations of this chapter and a basis for a judgment obtained by a person injured by such violations; or (c) The spouse, the personal representative of the spouse of the judgment debtor or the personal representative of the judgment debtor.  History: [26-31-109, added 2009, ch. 97, sec. 2, p. 285.]
ID Code § 26-31-110 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-110 - FUNDING.

26-31-110. FUNDING. (1) Upon application for a mortgage broker, mortgage lender or mortgage loan originator license, and upon renewal of such licenses issued under this chapter, the applicant or person seeking renewal shall, in addition to paying the license application or renewal fee required under this chapter, pay a fee to the department through the NMLSR for deposit in the mortgage recovery fund as follows: (a) Two hundred fifty dollars ($250) for home office locations of mortgage brokers and mortgage lenders licensed under part 2 of this chapter;  (b) One hundred fifty dollars ($150) for each branch office location of a mortgage broker or mortgage lender licensed under part 2 of this chapter; and (c) One hundred dollars ($100) for each mortgage loan originator licensed under part 3 of this chapter. (2) With respect to mortgage recovery fund fees payable at the time of annual license renewal for licensees under this chapter, the director may adjust the fees within the limits of subsection (1) of this section on a pro rata basis as necessary to maintain a balance of one million five hundred thousand dollars ($1,500,000) in the mortgage recovery fund, plus an additional amount of fifty thousand dollars ($50,000) as set forth in subsection (4) of this section. (3) All interest that accrues in the mortgage recovery fund shall be added to the balance of the mortgage recovery fund. (4) On an annual basis, the department may apply up to fifty thousand dollars ($50,000) of moneys accumulated in the mortgage recovery fund in excess of one million five hundred thousand dollars ($1,500,000) to: (a) Fund the department’s expenses in administering the mortgage recovery fund; (b) Develop and implement consumer education concerning the residential mortgage industry; (c) Contract for research projects for the state concerning the residential mortgage industry; (d) Fund the training expenses of department staff members and its attorneys concerning the residential mortgage industry; and (e) Publish and distribute educational materials to licensees and applicants for licensure under this chapter.  History: [26-31-110, added 2009, ch. 97, sec. 2, p. 286.]
ID Code § 26-31-111 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-111 - STATUTE OF LIMITATIONS.

26-31-111. STATUTE OF LIMITATIONS. The filing of a verified claim with the court pursuant to section 26-31-112, Idaho Code, that is the basis of a claim against the mortgage recovery fund may not be instituted more than one (1) year after termination of all court proceedings concerning such judgment, including appeals.  History: [26-31-111, added 2009, ch. 97, sec. 2, p. 286.]
ID Code § 26-31-113 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-113 - RECOVERY LIMITS.

26-31-113. RECOVERY LIMITS. (1) A person entitled to receive payment from the mortgage recovery fund may receive reimbursement of actual damages, which shall not include post judgment interest, reasonable attorney’s fees and court costs as determined by the court, subject to the limitations in subsection (2) of this section and subject to the availability of sufficient funds in the mortgage recovery fund at the time payment is ordered. (2) A payment from the mortgage recovery fund may be made by the director only pursuant to a court order as provided by section 26-31-112, Idaho Code, in an amount equal to the unsatisfied portion of the creditor’s judgment or judgments or fifty thousand dollars ($50,000), whichever is less. (3) Payments from the mortgage recovery fund shall be limited in the aggregate to two hundred fifty thousand dollars ($250,000) against any one (1) licensee. If the total claims against such licensee exceed the aggregate limit of two hundred fifty thousand dollars ($250,000), the court shall prorate payment based on the ratio that a person’s claim bears to the other claims filed against such licensee.  History: [26-31-113, added 2009, ch. 97, sec. 2, p. 287.]
ID Code § 26-31-114 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 31 - IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT|Part 1 - GENERAL PROVISIONS|Section 26-31-114 - REVOCATION OF LICENSE FOR PAYMENT FROM MORTGAGE RECOVERY FUND.

26-31-114. REVOCATION OF LICENSE FOR PAYMENT FROM MORTGAGE RECOVERY FUND. (1) The director may summarily revoke a license issued under this chapter if the director is required by court order under section 26-31-112, Idaho Code, to make a payment from the mortgage recovery fund based on a money judgment that includes findings of violations of this chapter by such licensee. (2) A person whose license has been revoked under subsection (1) of this section is not eligible to be considered for the issuance of a new license under this chapter until the person has repaid in full, plus interest at the current legal rate, the amount paid from the mortgage recovery fund resulting from that person’s violation of this chapter. (3) This section does not limit the authority of the director to take disciplinary action against a licensee under this chapter for a violation of this chapter or of rules promulgated or orders issued pursuant to this chapter. The repayment in full to the mortgage recovery fund of all obligations of a licensee under this chapter does not nullify or modify the effect of any other disciplinary proceeding brought under this chapter.  History: [26-31-114, added 2009, ch. 97, sec. 2, p. 288.]
ID Code § 26-31-201 (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 26-31-201 - DEFINITIONS.

26-31-201. DEFINITIONS. As used in this part and in rules promulgated pursuant to this chapter and pertinent to this part: (1) "Agent" means a person who acts with the consent and on behalf of a licensee and is subject to the licensee’s direct or indirect control and may include an independent contractor. (2) "Loan modification" means an adjustment or compromise of an existing residential mortgage loan. The term "loan modification" does not include a refinancing transaction. (3) "Loan modification activities" means, for compensation or gain or in the expectation of compensation or gain, engaging in or offering to engage in effecting loan modifications in this state. The definition of "debt counselor" or "credit counselor" in section 26-2222(9), Idaho Code, shall not apply to loan modification activities. (4) "Mortgage broker" means any nonexempt organization that performs the activities described in subsection (5) of this section, with respect to a residential mortgage loan. (5) "Mortgage brokering activities" means, for compensation or gain or in the expectation of compensation or gain, either directly or indirectly, accepting or offering to accept an application for a residential mortgage loan, assisting or offering to assist in the preparation of an application for a residential mortgage loan on behalf of a borrower, negotiating or offering to negotiate the terms or conditions of a residential mortgage loan with any person making residential mortgage loans, or engaging in loan modification activities on behalf of a borrower. (6) "Mortgage lender" means any nonexempt organization that makes residential mortgage loans to borrowers and performs the activities described in subsection (7) of this section. (7) "Mortgage lending activities" means, for compensation or gain or in the expectation of compensation or gain, either directly or indirectly, accepting or offering to accept applications for residential mortgage loans, or assisting or offering to assist in the preparation of an application for a residential mortgage loan, or servicing a residential mortgage loan on behalf of any person. (8) "Servicing" means collecting payments of principal, interest, or any other payment obligations required pursuant to the terms of a residential mortgage loan.  History: [26-31-201, added 2009, ch. 97, sec. 2, p. 288; am. 2013, ch. 64, sec. 3, p. 144; am. 2020, ch. 100, sec. 4, p. 262.]
ID Code § 26-31-202 (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 26-31-202 - EXEMPTIONS.

26-31-202. EXEMPTIONS. The provisions of this part do not apply to: (1) Agencies of the United States and agencies of this state and its political subdivisions; (2) An owner of real property who offers credit secured by a contract of sale, mortgage, or deed of trust on the property sold; (3) A loan that is made by a person to an employee of that person if the proceeds of the loan are used to assist the employee in meeting his housing needs; (4) Regulated lenders licensed under the Idaho credit code and regularly engaged in making regulated consumer loans other than those secured by a security interest in real property; (5) Trust companies as defined in section 26-3203, Idaho Code; (6) Any person licensed or chartered under the laws of any state or of the United States as a bank, savings and loan association, credit union, or industrial loan company. The terms "bank," "savings and loan association," "credit union," and "industrial loan company" shall include employees and agents of such organizations as well as wholly owned subsidiaries of such organizations, provided that the subsidiary is regularly examined by the chartering state or federal agency for consumer compliance purposes; (7) Attorneys duly authorized to practice in this state, to the extent that they are retained by their clients to engage in activities authorized by this part and such activities are ancillary to the attorney’s representation of the client; (8) Accountants with an active license under chapter 2, title 54, Idaho Code, provided that they are retained by their clients to engage in activities authorized by this part and such activities are ancillary to the representation of the client; (9) Persons employed by, or who contract with, a licensee under this part to perform only clerical or administrative functions on behalf of such licensee and who do not solicit borrowers or negotiate the terms of loans on behalf of the licensee; (10) Any person not making more than five (5) residential mortgage loans with his own funds for his own investment, in any period of twelve (12) consecutive months; or (11) Any person who funds a residential mortgage loan that has been originated and processed by a licensee under this part or by an exempt person under this part, who does not directly or indirectly solicit borrowers in this state for the purpose of making residential mortgage loans, and who does not participate in the negotiation of residential mortgage loans with the borrower. For the purpose of this subsection, "negotiation of residential mortgage loans" does not include setting the terms under which a person may buy or fund a residential mortgage loan originated by a licensee under this part or an exempt person under this part.  History: [26-31-202, added 2009, ch. 97, sec. 2, p. 289; am. 2013, ch. 64, sec. 4, p. 144; am. 2020, ch. 100, sec. 5, p. 263.]
ID Code § 26-31-203 (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 26-31-203 - UNLAWFUL ACTS.

26-31-203. UNLAWFUL ACTS. (1) Any person, except a person exempt under section 26-31-202, Idaho Code, who engages in mortgage brokering activities or mortgage lending activities without first obtaining a license from the department in accordance with this part, shall upon conviction be guilty of a felony. (2) No person, except a person exempt under section 26-31-202, Idaho Code, shall engage in mortgage brokering activities or mortgage lending activities without first obtaining a license from the department in accordance with this part.   History: [26-31-203, added 2009, ch. 97, sec. 2, p. 289.]
ID Code § 26-31-204 (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 26-31-204 - POWERS AND DUTIES OF DIRECTOR.

26-31-204. POWERS AND DUTIES OF DIRECTOR. In addition to any other duties imposed upon the director by law, the director shall: (1) Administer and enforce the provisions and requirements of this part; (2) Conduct investigations and issue subpoenas as necessary to determine whether a person has violated any provision of this part or rules promulgated pursuant to this chapter and pertinent to this part; (3) Conduct examinations of the books and records of mortgage broker and mortgage lender licensees and conduct investigations as necessary and proper for the enforcement of the provisions of this part and the rules promulgated pursuant to this chapter and pertinent to this part; (4) Appoint a volunteer advisory board of up to five (5) individual mortgage industry participants who are licensed or registered through the NMLSR, no less than two (2) of whom represent licensed mortgage brokers and no less than two (2) of whom represent licensed mortgage lenders; (5) Pursuant to chapter 52, title 67, Idaho Code, issue orders and promulgate rules that, in the opinion of the director, are necessary to execute, enforce and effectuate the purposes of this part; (6) Be authorized to set, by annual written notification to mortgage broker and mortgage lender licensees, limits on the fees and charges which are set forth in subsections (1) and (2) of section 26-31-210, Idaho Code; and (7) Review and approve forms used by mortgage broker and mortgage lender licensees prior to their use as prescribed by the director.  History: [26-31-204, added 2009, ch. 97, sec. 2, p. 290; am. 2013, ch. 64, sec. 5, p. 145.]
ID Code § 26-31-205 (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 26-31-205 - REMEDIES AVAILABLE TO THE DEPARTMENT.

26-31-205. REMEDIES AVAILABLE TO THE DEPARTMENT. (1) Whenever it appears to the director that any person subject to this part has engaged in or is about to engage in any act or practice constituting a violation of any provision of the truth in lending act, the real estate settlement procedures act, regulation X, regulation Z or of this part or any rule promulgated or order issued under this act and pertinent to this part, he may in his discretion bring an action in any court of competent jurisdiction, and upon a showing of any violation, there shall be granted any or all of the following: (a) A writ or order restraining or enjoining, temporarily or permanently, any act or practice violating any provision of this part or any rule promulgated or order issued under this chapter and pertinent to this part, and to enforce compliance with this part or any rule promulgated or order issued under this chapter and pertinent to this part; (b) An order that the person violating any provision of this part, or a rule promulgated or order issued under this chapter and pertinent to this part pay a civil penalty to the department in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation; (c) An order allowing the director to recover costs which may include investigative expenses and attorney’s fees; (d) An order granting a declaratory judgment that a particular act, practice or method is a violation of the provisions of this part; (e) An order granting other appropriate remedies including restitution to borrowers for excess charges or actual damages. (2) If the director finds that a person subject to this part has violated, is violating, or that there is reasonable cause to believe that a person is about to violate the provisions of this part, or any rule promulgated or order issued under this chapter and pertinent to this part, the director may, in his discretion, order the person to cease and desist from the violations.  History: [26-31-205, added 2009, ch. 97, sec. 2, p. 290.]