reglab/housing_qa huggingface dataset:
UT Code § 70C-8-203 (2021)
2021 Utah Code|Title 70C - Utah Consumer Credit Code|Chapter 8 - Administration|Part 2 - Notification and Fees|Section 203 - Fees -- Examinations.

 Effective 5/13/2014  70C-8-203. Fees -- Examinations.    (1) A party required to file notification under Section 70C-8-202 shall, on or before January 31 of each year, pay to the department an annual fee of $100.     (2) In addition to filing notification, a party subject to this part, and a depository institution subject to this title:   (a) may be required to make a book or record relating to a consumer credit transaction available to the department or its authorized representative for examination; and     (b) shall pay to the department a fee to be set by the department based on an hourly rate per each examiner.       (3) No portion of a fee paid or owed to the department under this part is refundable because a party voluntarily or involuntarily ceases to extend credit to consumers:   (a) during the period covered by the fee; or     (b) before the time of an examination by the department of a book or record pertaining to a preceding consumer credit transaction.      Amended by Chapter 97, 2014 General Session
UT Code § 70D-2-101 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 1 - General Provisions|Section 101 - Short title.

70D-2-101. Short title.  This chapter is known as the "Mortgage Lending and Servicing Act."  Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-103 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 1 - General Provisions|Section 103 - Exemptions.

70D-2-103. Exemptions.  This chapter does not apply to:  (1) a bona fide nonprofit corporation that grants a first mortgage loan to promote home ownership for low and moderate income borrowers;     (2) an agency of the following that grants a first mortgage loan under a specific federal or state law:   (a) the federal government;     (b) a state, county, or municipal government; or     (c) a quasi-governmental agency;       (3) a casual lender that makes less than five mortgage loans a year; or     (4) a mortgage loan of two years or less.    Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-104 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 1 - General Provisions|Section 104 - Ordinance or law by political subdivision prohibited.

70D-2-104. Ordinance or law by political subdivision prohibited.    (1) A county subject to Title 17, Counties, and a municipality subject to Title 10, Utah Municipal Code, may not enact an ordinance or law that:   (a) regulates a term of a mortgage loan on a dwelling; or     (b) makes the eligibility of a person to do business with the county or municipality dependent upon a term of a mortgage loan on a dwelling originated or serviced by the person.       (2) Subsection (1) does not apply to a term or loan funded in whole or in part with money provided or administered by the county or municipality.    Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-201 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 2 - Notification to Commissioner|Section 201 - Registration -- Exemptions.

 Effective 5/10/2016  70D-2-201. Registration -- Exemptions.    (1)   (a) Except as provided in Subsection (2), a person may not engage in business as a lender, broker, or servicer in this state before the day on which the person:   (i) provides evidence satisfactory to the commissioner that the person is registered with the nationwide database; and     (ii) pays a fee required by Section 70D-2-203.       (b) The commissioner may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for the transition of persons registering with the nationwide database.       (2) The following persons are exempt from this part, except for a reimbursement or fee described in Subsection 70D-2-203(2):   (a) a federally insured depository institution;     (b) a wholly owned subsidiary of a depository institution described in Subsection (2)(a); and     (c) a person who:   (i) is required to be licensed with the Division of Real Estate pursuant to Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; and     (ii) is not a:   (A) servicer; or     (B) mortgage lender.           (3) A mortgage lender who is required to be registered under this chapter is not exempt from Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act.    Amended by Chapter 106, 2016 General Session
UT Code § 70D-2-203 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 2 - Notification to Commissioner|Section 203 - Fees -- Examination.

 Effective 5/12/2015  70D-2-203. Fees -- Examination.    (1)   (a) A person required to register under this part shall pay to the commissioner:   (i) a fee of $200 with the person's initial registration; and     (ii) an annual fee, on or before December 31 of each year, in an amount to be set by rule of the commissioner subject to Subsection (1)(b).       (b) The commissioner:   (i) subject to Subsection (1)(b)(ii), shall set the annual renewal fee at an amount that generates sufficient revenue to cover the department's costs of administering this chapter; and     (ii) may not set an annual renewal fee that exceeds $100 per renewal.         (2)   (a) The commissioner may require a lender, broker, or servicer to make a record of the lender, broker, or servicer relating to its activities as a lender, broker, or servicer available to the commissioner or the commissioner's authorized representative for examination.     (b) A lender, broker, or servicer described in Subsection (2)(a) shall:   (i) reimburse the department for travel and other reasonable and necessary costs incurred in the examination described in Subsection (2)(a); and     (ii) pay to the commissioner a fee set by the commissioner based on an hourly rate per each examiner, not to exceed $55 per hour for each examiner.         (3) No portion of a fee paid or owed to the commissioner under this section is refundable because a person voluntarily or involuntarily ceases to do business as a lender, broker, or servicer:   (a) during the period covered by the fee; or     (b) before the time of an examination by the commissioner of a record pertaining to a transaction preceding the day on which the person ceases to do business as a lender, broker, or servicer.      Amended by Chapter 284, 2015 General Session
UT Code § 70D-2-301 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 3 - Operational Requirements|Section 301 - Record retention.

70D-2-301. Record retention.  A lender, broker, or servicer shall keep and maintain at all times in its principal place of business the records of a mortgage loan transaction of the lender, broker, or servicer as required by the rules of the commissioner.  Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-302 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 3 - Operational Requirements|Section 302 - Notice required with loan application.

70D-2-302. Notice required with loan application.    (1) If the following is the case, a lender and broker shall notify in writing a person from whom the lender or broker receives or for whom the lender or broker prepares a written application for a mortgage loan that:   (a) the mortgage loan applied for may be sold or assigned;     (b) the servicing of the loan may be sold or assigned; and     (c) the mortgage loan will not necessarily be held or serviced by the lender that originates the mortgage loan.       (2) A lender and broker shall provide a written notice required by this section at the time of receipt or preparation of the written application for a mortgage loan.    Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-303 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 3 - Operational Requirements|Section 303 - Notice upon closing -- Ongoing duty to notify -- Statements required.

70D-2-303. Notice upon closing -- Ongoing duty to notify -- Statements required.    (1) At the time of closing of a mortgage loan, a lender shall notify the mortgagor in writing of:   (a) the name of the initial servicer that will service the loan; and     (b) the address at which a loan payment should be made.       (2)   (a)   (i) If the servicing of a mortgage loan is assigned, the servicer that assigns the servicing and the successor servicer shall each mail, at least 10 days before the due date of the first mortgage payment due after the assignment, a written notice to the mortgagor notifying the mortgagor of:   (A) the assignment of servicing; and     (B) the address at which future loan payments should be made.       (ii) A notice required by this Subsection (2)(a) shall be mailed to the mortgagor's last known address contained in the assigning servicer's records.       (b) Unless an assigning servicer regularly provides the information in a monthly statement to a mortgagor, the notice from the assigning servicer shall include the following information in addition to the information required by Subsection (2)(a):   (i) the date and amount of the payments credited to the account within the previous 12-month period;     (ii) the balance in any escrow account held by the servicer; and     (iii) the total unpaid balance of the mortgage loan.       (c) The servicer that assigns the servicing and the successor servicer may, at their option, comply with the requirements of this Subsection (2) by both signing one notice and mailing the notice to the mortgagor.     (d) A signature on a notice required by this section may be printed, stamped, or in another facsimile.     (e) A lender and a subsequent servicer of a mortgage loan shall comply with Section 7-17-6.       (3)   (a) An inadvertent error in a notice required in Subsection (2) may not be construed to waive a payment that would otherwise be due from a mortgagor.     (b) A late payment penalty may not be assessed against a mortgagor with respect to a payment that is misdirected because of:   (i) an error in a notice required in Subsection (2); or     (ii) a failure to timely mail a notice required in Subsection (2).         (4) A lender or servicer must credit to the mortgagor's account a payment received as of the day on which the payment is received or by the next banking day, unless:   (a) the payment is insufficient to pay the principal, interest, late charges, and reserves then due;     (b) the mortgage loan is referred to an attorney because of default; or     (c) the payment is received at an address other than the address for payment specified in writing to the mortgagor.      Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-304 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 3 - Operational Requirements|Section 304 - Statement to be provided.

70D-2-304. Statement to be provided.    (1) Unless a servicer regularly provides the information described in this Subsection (1) in a monthly statement to a mortgagor, the servicer shall deliver to a mortgagor, within 15 days after receipt of a written request, a statement of the mortgagor's account including the following information:   (a) the date and amount of the payments credited to the account within the previous 12-month period;     (b) the balance in any escrow account held by the servicer; and     (c) the total unpaid balance of the mortgage loan.       (2) A servicer shall provide the first two statements requested for an account in a 12-month period without charge. If more than two statements are requested for the same account in a 12-month period, the servicer may charge a reasonable fee for an additional statement.    Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-305 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 3 - Operational Requirements|Section 305 - Fee restrictions.

 Effective 5/13/2014  70D-2-305. Fee restrictions.    (1) A lender or broker may not accept a fee or deposit from an applicant for a mortgage loan unless at the time the lender or broker accepts the fee or deposit there is a written statement:   (a) signed by the applicant;     (b) stating whether or not the fee or deposit is refundable; and     (c) describing the conditions, if any, under which all or a portion of the fee or deposit will be refunded to the applicant.       (2) Notwithstanding Subsection (1), a lender or broker may accept a fee or deposit from an applicant for a mortgage loan if the lender or broker receives an email from the applicant acknowledging that the applicant was provided the information required by Subsections (1)(b) and (c).    Amended by Chapter 97, 2014 General Session
UT Code § 70D-2-401.5 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 4 - Manufactured and Mobile Homes|Section 401.5 - Qualification of modular home as improvement to real property -- Requirements.

70D-2-401.5. Qualification of modular home as improvement to real property -- Requirements.    (1) Except as provided in this section, for purposes of this chapter, a modular home is considered to be personal property.     (2) Once a modular home is constructed on real property and the modular home is taxed as real property, it is presumed that the owner of the real property also owns the modular home.     (3) For purposes of this chapter, if the requirements of this section are met, a modular home is:   (a) considered to be an improvement to real property; and     (b) considered to be real property.       (4) A modular home is considered to be an improvement to real property if:   (a) the modular home is permanently affixed to real property;     (b) the person seeking to have the modular home considered to be an improvement to real property:   (i) owns the real property to which the modular home is or will be permanently affixed; and     (ii) controls the use and possession of the modular home;       (c) the person described in Subsection (4)(b) records the document required to be recorded under Subsection (6); and     (d) the modular home is assessed as real property for purposes of property taxes.       (5)   (a) The person seeking to have a modular home considered to be an improvement to real property and considered to be real property shall complete an affidavit of real property.     (b) An affidavit of real property described in Subsection (5)(a) shall contain:   (i) the legal description of the real property to which the modular home is or will be permanently affixed;     (ii) a statement certified by the assessor of the county in which the modular home is located that the modular home is taxed as real property for purposes of property taxes; and     (iii) a statement that all liens or security interests in the modular home under Title 70A, Uniform Commercial Code, as personal property have been released.         (6)   (a) The person seeking treatment of a modular home as real property shall present to the county recorder the affidavit of real property described in Subsection (5).     (b) A county recorder who receives an affidavit of real property described in Subsection (6)(a) shall record the affidavit of real property.     (c) A person described in Subsection (6)(a) shall provide a copy of the recorded affidavit of real property to the assessor of the county in which the modular home is located.       (7) A lien on a modular home that is considered to be an improvement to real property shall be perfected in the manner provided for the perfection of a lien on real property.    Enacted by Chapter 399, 2013 General Session
UT Code § 70D-2-501 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 5 - Remedies and Enforcement|Section 501 - Civil liability -- Misdemeanor.

70D-2-501. Civil liability -- Misdemeanor.    (1)   (a) A lender, broker, or servicer who violates this chapter is liable to an injured party for actual damages.     (b) In an action filed to determine the liability of a lender, broker, or servicer for damages under this chapter, the prevailing party is entitled to court costs and attorney fees.       (2) A person who wilfully violates this chapter is guilty of a class A misdemeanor.    Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-502 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 5 - Remedies and Enforcement|Section 502 - Enforcement -- Rulemaking -- Federal law.

70D-2-502. Enforcement -- Rulemaking -- Federal law.    (1) The commissioner may:   (a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act:   (i) receive and act on a complaint;     (ii) take action designed to obtain voluntary compliance with this chapter; or     (iii) commence a proceeding on the commissioner's own initiative to enforce compliance with this chapter;       (b) counsel a person or group on the person's or group's rights and duties under this chapter;     (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:   (i) restrict or prohibit a lending or servicing practice that is misleading, unfair, or abusive;     (ii) promote or assure fair and full disclosure of the terms and conditions of an agreement or communication between:   (A) a lender or servicer; and     (B) a borrower; or       (iii) promote or assure uniform application of or to resolve ambiguities in applicable state or federal laws or federal regulations; and       (d) employ hearing examiners, clerks, and other employees and agents as necessary to perform the commissioner's duties under this chapter.       (2)   (a) A person subject to this chapter violates this chapter if the person violates a federal law:   (i) that is applicable to the person because of the activities that make the person subject to this chapter; and     (ii) pursuant to the terms of the federal law in effect on the day the person violates the federal law.       (b) The commissioner shall by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this chapter, designate which one or more federal laws are applicable to a person described in Subsection (2)(a).     (c)   (i) Notwithstanding the other provisions of this chapter, only the commissioner may enforce or bring an action under this chapter for a violation described in this Subsection (2).     (ii) The commissioner may bring an action under this Subsection (2) in state court.        Renumbered and Amended by Chapter 72, 2009 General Session
UT Code § 70D-2-503 (2021)
2021 Utah Code|Title 70D - Financial Institution Mortgage Financing Regulation Act|Chapter 2 - Mortgage Lending and Servicing Act|Part 5 - Remedies and Enforcement|Section 503 - Investigation.

70D-2-503. Investigation.    (1)   (a) If the commissioner has probable cause to believe that a lender, broker, or servicer has violated a law, rule, or federal regulation relating to its business or an obligation to a mortgagor, the commissioner may investigate to determine if a violation has been committed.     (b) To the extent necessary for an investigation under this section, the commissioner may:   (i) administer an oath or affirmation under penalty of perjury; and     (ii) upon the commissioner's own motion or upon request of any person:   (A) subpoena a witness;     (B) compel the attendance of a witness;     (C) adduce evidence under penalty of perjury; and     (D) require the production of a matter that is relevant to the investigation, including:   (I) the existence, description, nature, custody, condition, and location of a record or other tangible thing of any kind or nature; and     (II) the identity and location of a person having knowledge of a relevant fact, or any other matter reasonably calculated to lead to the discovery of admissible evidence.             (2)   (a) If the commissioner requires a person to produce a record that is located outside this state, the person shall:   (i) make the record available to the commissioner at a convenient location within this state; or     (ii) pay the reasonable and necessary expenses for the department to examine the record at the place where the record is maintained.       (b) The commissioner may designate one or more representatives, including an official of the state in which a record is located, to inspect the record on behalf of the commissioner.       (3) Upon failure without lawful excuse to obey a subpoena or give testimony, and upon reasonable notice to affected persons, the commissioner may apply to the Third District Court or to any other district court for an order compelling compliance.     (4) Unless otherwise required by law, the commissioner may not make public:   (a) the name or identity of a person whose acts or conduct the commissioner investigates pursuant to this section; or     (b) the facts disclosed in the investigation.       (5) Subsection (4) does not apply to a disclosure in an enforcement proceeding conducted pursuant to this chapter.    Renumbered and Amended by Chapter 72, 2009 General Session