Mississippi Code 1972 (2023) › Title 81 - BANKS AND FINANCIAL INSTITUTIONS (§§ 81-1-1 — 81-29-3) › Chapter 18 - MISSISSIPPI S.A.F.E. MORTGAGE ACT (§§ 81-18-1 — 81-18-63) › IN GENERAL (§§ 81-18-1 — 81-18-55) › Section 81-18-23 - Annual written report by licensee

(1)
Each mortgage licensee shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Mortgage Licensing System and Registry may require. Failure to file accurate, timely and complete reports on the Nationwide Mortgage Licensing System and Registry may result in a violation of this chapter, resulting in a civil penalty.
(2)
The department, in its discretion, may relieve any company from the payment of any penalty, in whole or in part, for good cause.
(3)
If a company fails to pay a penalty from which it has not been relieved, the department may maintain an action at law to recover the penalty.
(4)
Within fifteen (15) days of the occurrence of any of the following events, a company shall file with the Nationwide Mortgage Licensing System and Registry the applicable change in the disclosure questions and shall submit the information through the Nationwide Mortgage Licensing System and Registry or file a written report with the commissioner describing the event and its expected impact on the activities of the company in this state:
(a)
The filing for bankruptcy or reorganization by the company;
(b)
The institution of revocation or suspension proceedings against the company by any state or governmental authority;
(c)
Any felony indictment of the company or any of its directors, executive officers, qualifying individual or loan originators;
(d)
Any felony conviction of the company or any of its directors, executive officers, qualifying individual or loan originators;
(e)
Expiration, termination or default, technical or otherwise, of any existing line of credit or warehouse credit agreement;
(f)
Suspension or termination of the licensee's status as an approved seller or seller/servicer by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation or Government National Mortgage Association;
(g)
Exercise of recourse rights by investors or subsequent assignees of mortgage loans if such loans, in the aggregate, exceed the licensee's net worth exclusive of real property and fixed assets; or
(h)
Existence of negative balances, exceeding One Hundred Dollars ($100.00) in any operation account at any time or the return of checks, exceeding One Hundred Dollars ($100.00) for insufficient funds.
(5)
Licensees who are involved in civil actions shall notify the Nationwide Mortgage Licensing System and Registry within sixty (60) days of the occurrence. An explanation and supporting documentation for each civil action concerning the company shall be submitted through the Nationwide Mortgage Licensing System and Registry. The department may require additional information as necessary.
Laws, 2000, ch. 579, § 12; reenacted without change, Laws, 2002, ch. 500, § 13; reenacted and amended, Laws, 2004, ch. 364, § 13; reenacted and amended, Laws, 2007, ch. 581, § 13; Laws, 2008, ch. 434, § 7; Laws, 2009, ch. 544, § 13; reenacted and amended, Laws, 2010, ch. 462, § 14; reenacted without change, Laws, 2012, ch. 571, § 13, eff. 7/1/2012.
Reenacted without change by Laws, 2020, ch. 310, SB 2427,§ 14, eff. 7/1/2020.
Reenacted and amended by Laws, 2016, ch. 360, SB 2504, 14, eff. 7/1/2016.
Amended by Laws, 2013, ch. 499, SB 2696, 7, eff. 7/1/2013.