reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter I - Definitions; Federally Regulated and Supervised Entities and Fannie Mae and Freddie Mac › § 26–1151.02. Federally regulated, supervised, and insured entities and the Federal National Mortgage Association and Federal Home Loan Corporation

§ 26–1151.02. Federally regulated, supervised, and insured entities and the Federal National Mortgage Association and Federal Home Loan Corporation.
(a) Nothing in subchapter II of this chapter shall be construed to apply to loans made or purchased by the Federal National Mortgage Association, Federal Home Loan Corporation, or a bank, trust company, savings and loan association, or savings bank, that is regulated and supervised by a supervising federal agency, including the finance and operating subsidiaries of such entities that are so regulated and supervised.
(b) This section shall not apply to any lender that is not federally regulated and supervised, except the Federal National Mortgage Association, or the Federal Home Loan Corporation.
(c) Except as provided in subsection (d) of this section, the Home Ownership and Equity Protection Act of 1994, approved September 23, 1994 (108 Stat. 2190; codified in various sections of Chapter 16 of the U.S. Code), and the implementing regulations issued by the Federal Reserve Board, as each may be amended from time to time, are hereby adopted by reference thereto and shall apply to loans made or purchased by the Federal National Mortgage Association, Federal Home Loan Corporation, or a bank, trust company, savings and loan association, or savings bank that is regulated and supervised by a supervising federal agency, including the finance and operating subsidiaries of such entities that are so regulated and supervised, that engage in lending activities in the District.
(d) The violations, remedies, penalties, and enforcement provisions set forth in subchapter III of this chapter shall apply to loans made or purchased by the Federal National Mortgage Association, Federal Home Loan Corporation, or a bank, trust company, savings and loan association, or savings bank that is regulated and supervised by a supervising federal agency, including the finance and operating subsidiaries of such entities that are so regulated and supervised, that engage in lending activities in the District with regard to violations of this chapter.
(May 7, 2002, D.C. Law 14-132, § 102, 49 DCR 2551.)
Section References
This section is referenced in § 26-1153.01 and § 26-1153.05.
Emergency Legislation
For temporary (90 day) addition of section, see § 102 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
References in Text
The “Home Ownership and Equity Protection Act of 1994”, referred to in subsec. (c), is Pub. L. 103-325, Title I, Subtitle B, Sept. 23, 1994, 108 Stat. 2190, which is codified to various sections in Chapter 16 of Title 15 of U.S.C.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.01. Applicability

§ 26–1152.01. Applicability.
This subchapter shall only apply to a covered loan as defined in § 26-1151.01(7)(A).
(May 7, 2002, D.C. Law 14-132, § 201, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 201 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.03. Restrictions on the financing of single-premium credit insurance

§ 26–1152.03. Restrictions on the financing of single-premium credit insurance.
A lender shall not sell any individual or group credit life, accident, health, or unemployment insurance product on a prepaid single premium basis in conjunction with a covered loan. Credit insurance sold by a lender on a basis other than a prepaid single premium shall be accompanied by a clear and conspicuous disclosure, provided at least 3 days before closing, stating that the credit insurance shall not be a condition to the extension of mortgage credit and that the borrower may elect not to purchase the insurance. Insurance premiums or debt cancellation or suspension fees calculated and paid on a monthly or bi-weekly basis shall not be considered financed by the lender; provided, that the disclosure required by this section shall be provided to the borrower for any insurance, debt cancellation, or suspension services purchased by the borrower.
(May 7, 2002, D.C. Law 14-132, § 203, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 203 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.04. Restriction on financing origination/discount points and fees

§ 26–1152.04. Restriction on financing origination/discount points and fees.
If a lender refinances a loan secured by the same residential real property to the same borrower which was made 18 months or less before the covered loan is made, the same lender shall not finance, directly or indirectly, any portion of the covered loan’s origination/discount points and fees or other fees payable to the lender or any third party in excess of the greatest of 3% of the new covered loan principal amount actually funded, $400, or such amount as the Mayor may establish by regulation, excluding:
(1) Reasonable charges described in 12 C.F.R. § 226.4(c)(7)(i), (iii), (iv), and (v); and
(2) Bona fide loan discount points.
(May 7, 2002, D.C. Law 14-132, § 204, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 204 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.05. No encouragement of default

§ 26–1152.05. No encouragement of default.
A lender shall not recommend or encourage the borrower to default on an existing loan or other debt prior to and in connection with the closing or planned closing of a covered loan that refinances all or any portion of the existing loan or other debt.
(May 7, 2002, D.C. Law 14-132, § 205, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 205 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.06. Unfair steering or improper use of credit scores

§ 26–1152.06. Unfair steering or improper use of credit scores.
(a) A lender shall not steer, counsel, or direct any prospective borrower to accept a loan product with a risk grade less favorable than the risk grade that the borrower would qualify for based on that lender’s then current underwriting guidelines, prudently applied, considering the information available to that lender, including the information provided by the borrower. A lender shall not violate this section if the risk grade determination applied to a borrower is reasonably based on the lender’s underwriting guidelines and if it is an appropriate risk grade category for which the borrower qualifies with the lender.
(b) The lender shall not make, or cause to be made, any false, deceptive, or misleading statement, representation, or determination regarding the borrower’s ability to qualify for any mortgage product or the borrower’s credit score.
(May 7, 2002, D.C. Law 14-132, § 206, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 206 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.07. Failing to report favorable payment record

§ 26–1152.07. Failing to report favorable payment record.
A lender or its servicer shall report a borrower’s favorable payment history and information to a nationally recognized credit-reporting agency at least once every 12 months. This section shall not prevent a lender or its servicer from agreeing with the borrower not to report payment history information and shall not apply to covered loans held or serviced by a lender for less than 90 days. Nothing in this section shall prevent a lender from reporting a borrower’s unfavorable payment history.
(May 7, 2002, D.C. Law 14-132, § 207, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 207 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.08. Home improvement contracts

§ 26–1152.08. Home improvement contracts.
(a) A lender shall not pay a contractor under a home improvement contract from the proceeds of a covered loan other than by an instrument payable to the borrower or jointly payable to the borrower and the contractor or, at the election of the borrower, through a third-party escrow agent that is independent from the contractor in accordance with the terms established in a written agreement signed by the borrower, the mortgage lender, and the contractor prior to the disbursement of funds to the contractor. The borrower shall be responsible for any reasonable fees or costs associated with the election. A lender may conclusively rely on a certified written statement from either the contractor or the third-party escrow agent that states that the escrow agent and contractor are independent from each other.
(b) A lender shall not purchase a home improvement contract in connection with, or make an instrument payable to, a home improvement contractor that is not bonded with the District pursuant to subchapter IV of Chapter 28 of Title 47. The Mayor shall maintain a list of home improvement contractors that are bonded and in good standing. Unless the lender has notice that the contractor is not licensed or authorized to do business in the District, a lender who relies on the list within 60 days of the closing shall be considered in compliance with this section; provided, that the lender has provided the Mayor with a name, telephone number, mailing address, and electronic mail address of a contact person to whom the Mayor can provide updates or amendments to the list required by this subsection.
(May 7, 2002, D.C. Law 14-132, § 208, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 208 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.09. No increase in interest rate upon default

§ 26–1152.09. No increase in interest rate upon default.
A lender shall not make a covered loan that includes a provision that increases the covered loan’s interest rate upon a default. This section shall not apply to an interest rate increase in adjustable rate covered loans based on a recognized adjustable rate mortgage index and constant margin amount if an event of default or the acceleration of the maturity date of the covered loan does not cause or permit the increase in the interest rate.
(May 7, 2002, D.C. Law 14-132, § 209, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 209 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.10. Charges in bad faith

§ 26–1152.10. Charges in bad faith.
A lender shall not charge and retain fees paid by the borrower in making a covered loan which are:
(1) For services that are not actually performed;
(2) For loan discount points which are not bona fide discount points; or
(3) In violation of the Real Estate Procedures Settlement Act of 1974, approved December 22, 1974 (88 Stat. 1724; 12 U.S.C. § 2601 et seq.).
(May 7, 2002, D.C. Law 14-132, § 210, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 210 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.11. Failure to timely send disclosure notice

§ 26–1152.11. Failure to timely send disclosure notice.
(a) In making a covered loan, a lender shall send to the borrower a Red Flag Warning Disclosure Notice.
(b) This notice shall be received by the borrower at least 3 business days prior to closing of the loan.
(c) If the loan is originated with the assistance of a mortgage broker, the mortgage broker shall provide the Red Flag Warning Disclosure Notice.
(d) Only one Red Flag Warning Disclosure Notice must be provided to each borrower.
(e) The Mayor shall promulgate, by regulation, the Red Flag Warning Disclosure Notice and instructions for completing, executing, and sending the disclosure notice. The Mayor may revise the disclosure notice or instructions at any time not less than 90 days in advance of the publication in the District of Columbia Register. After the publication of a revised disclosure notice or revised instructions, either the existing or revised instructions may be followed and either the existing or revised disclosure notice shall be accepted until the advance publication period expires.
(May 7, 2002, D.C. Law 14-132, § 211, 49 DCR 2551.)
Section References
This section is referenced in § 26-1151.01 and § 26-1153.01.
Emergency Legislation
For temporary (90 day) addition of section, see § 211 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.12. Prepayment premium, fee or charge

§ 26–1152.12. Prepayment premium, fee or charge.
A lender shall not include in a covered loan or collect or attempt to collect any prepayment premium, fee, or charge in violation of Chapter 33 of Title 28.
(May 7, 2002, D.C. Law 14-132, § 212, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 212 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.13. Limitations on balloon payments

§ 26–1152.13. Limitations on balloon payments.
A lender shall not make a covered loan that provides for a scheduled payment that is more than twice as large as the average of earlier scheduled monthly payments unless the balloon payment becomes due and payable not less than 7 years after the date of the loan closing. This section shall not apply if the payment schedule is adjusted to account for the seasonal or irregular income of the borrower or if the loan is a bridge loan connected with or related to the acquisition or construction of a dwelling intended to become the borrower’s principal dwelling.
(May 7, 2002, D.C. Law 14-132, § 213, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 213 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.14. No call provision

§ 26–1152.14. No call provision.
A lender shall not make a covered loan that includes a call provision that permits the lender, in its sole discretion, to accelerate the indebtedness; provided, that this prohibition shall not apply when repayment of the covered loan has been accelerated by a bona fide default or pursuant to some other provision of the loan agreement unrelated to the payment schedule.
(May 7, 2002, D.C. Law 14-132, § 214, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 214 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.15. No negative amortization

§ 26–1152.15. No negative amortization.
A lender shall not make a covered loan with a payment schedule with regular periodic payments that causes the principal balance to increase.
(May 7, 2002, D.C. Law 14-132, § 215, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 215 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.16. No advance payments

§ 26–1152.16. No advance payments.
A lender shall not make a covered loan that includes terms under which any periodic payments required under the loan are paid in advance from loan proceeds.
(May 7, 2002, D.C. Law 14-132, § 216, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 216 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.17. No advance waivers

§ 26–1152.17. No advance waivers.
A provision in a covered loan whereby a borrower waives in advance a violation of this chapter shall be void.
(May 7, 2002, D.C. Law 14-132, § 217, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 217 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.18. No oppressive mandatory arbitration clause

§ 26–1152.18. No oppressive mandatory arbitration clause.
(a) A mandatory arbitration clause in a note, lien, instrument, or ancillary lien instrument or obligation that evidences or secures a covered loan that is oppressive, unfair, unconscionable, or in substantially in derogation of the rights of borrowers shall be void.
(b) Arbitration clauses that comply with the standards adopted by the Mayor pursuant to regulation shall be presumed not to violate this section; provided, the Mayor’s standards be in accordance with the procedures of a nationally recognized arbitration forum such as the American Arbitration Association.
(May 7, 2002, D.C. Law 14-132, § 218, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 218 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.19. Homeownership counseling

§ 26–1152.19. Homeownership counseling.
A lender shall inform a borrower of his or her right to obtain counseling in connection with a covered loan. A Red Flag Warning Disclosure Notice shall satisfy this requirement.
(May 7, 2002, D.C. Law 14-132, § 219, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 219 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.20. Broker licensor

§ 26–1152.20. Broker licensor.
Upon initiation of a business relationship with a mortgage broker, a lender shall verify that each mortgage broker with whom it does business in connection with making a covered loan is licensed or otherwise authorized to do business in the District. After verifying that the broker is licensed or authorized to do business in the District, the lender shall be entitled thereafter to rely upon a signed written statement by the mortgage broker that the mortgage broker is duly authorized to conduct business in the District unless the lender has notice that the mortgage broker is not licensed or authorized to do business in the District; provided, that the lender has provided the Mayor with a name, telephone number, mailing address, and electronic mail address of a contact to whom the Mayor can provide updates or amendments to the list of licensed brokers.
(May 7, 2002, D.C. Law 14-132, § 220, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 220 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.21. Filing requirements

§ 26–1152.21. Filing requirements.
(a) Within 14 days following the funding of a covered loan, a lender otherwise subject to the jurisdiction of the Mayor shall submit to the Mayor a loan package including copies of the following documents:
(1) The settlement statement;
(2) The FP-7 Form filed with the Recorder of Deeds;
(3) The final Truth in Lending Act disclosure; and
(4) The note.
(b) In its transmittal of the loan package required by subsection (a) of this section, the lender shall certify that each of the documents provided are true copies of the original documents.
(c) The loan package submitted pursuant to subsection (a) of this section shall remain confidential and exempt from disclosure under any law except to the borrower, a lender involved in the covered loan transaction, or current noteholder.
(May 7, 2002, D.C. Law 14-132, § 221, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 221 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.22. Suspect settlement service providers

§ 26–1152.22. Suspect settlement service providers.
The Mayor may create and maintain a public list of lenders and other settlement service providers, including real estate agents and appraisers, who have been found by a court to have engaged in a systematic pattern or practice of fraud or in operations in violation of the requirements of District law.
(May 7, 2002, D.C. Law 14-132, § 222, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 222 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter II - Prohibited Practices › § 26–1152.23. Median family income

§ 26–1152.23. Median family income.
The Mayor shall periodically publish or make available to lenders median family income for Washington, D.C. that may be relied upon by lenders for purposes of this chapter.
(May 7, 2002, D.C. Law 14-132, § 223, 49 DCR 2551; Oct. 19, 2002, D.C. Law 14-213, § 42(a), 49 DCR 8140.)
Effect of Amendments
D.C. Law 14-213 deleted “the” before “Washington D.C.”.
Emergency Legislation
For temporary (90 day) addition of section, see § 223 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter III - Violations and Remedies; Enforcement and Civil Liability › § 26–1153.02. Enforcement

§ 26–1153.02. Enforcement.
The Mayor may conduct examinations and investigations, and issue orders to enforce the provisions of this chapter, with respect to lenders over which it otherwise has jurisdiction. The Mayor may examine any relevant instrument, document, account, book, record, or file of a lender over which the Mayor has jurisdiction. The Mayor may recover the reasonable cost of the examinations and investigations from the lender. A lender shall maintain records which allow the Mayor to determine compliance with this chapter and any regulations promulgated hereunder.
(May 7, 2002, D.C. Law 14-132, § 302, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 302 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter III - Violations and Remedies; Enforcement and Civil Liability › § 26–1153.03. Administrative penalties

§ 26–1153.03. Administrative penalties.
(a) If the Mayor determines that a person has violated this chapter, the Mayor may impose one or more of the following penalties:
(1) A civil penalty imposed as follows:
(A) $1,000 for the first violation;
(B) For the second and each subsequent violation occurring within a 24-month period of a prior violation, twice the immediately preceding civil penalty imposed (or which could have been imposed).
(2) Order a person to cease and desist from engaging in any violation of this chapter and to make restitution for actual damages to the borrower.
(b) If the Mayor determines that any person has a systematic pattern of violations of this chapter, the Mayor may impose one or more of the following penalties in addition to the penalties set forth in subsection (a) of this section:
(1) Suspend, revoke, or refuse to renew any license issued by the Mayor;
(2) Prohibit or suspend an individual responsible for a violation of this chapter from working in his or her present capacity or in any other capacity related to the activities regulated by the Mayor; or
(3) Obtain an injunction or other process against any person to restrain and prevent the person from engaging in any activity violating this chapter.
(May 7, 2002, D.C. Law 14-132, § 303, 49 DCR 2551.)
Section References
This section is referenced in § 26-1153.04.
Emergency Legislation
For temporary (90 day) addition of section, see § 303 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter III - Violations and Remedies; Enforcement and Civil Liability › § 26–1153.04. Final decision

§ 26–1153.04. Final decision.
A decision of the Mayor under § 26-1153.03 shall be a final order for the purposes of subchapter I of Chapter 5 of Title 2, and shall be enforceable in a court of competent jurisdiction. The Mayor shall publish the final decisions, subject to redaction or modification to preserve confidentiality. Any person aggrieved by a final decision of the Mayor pursuant to this subchapter may appeal the decision to Superior Court of the District of Columbia.
(May 7, 2002, D.C. Law 14-132, § 304, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 304 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter III - Violations and Remedies; Enforcement and Civil Liability › § 26–1153.05. Assignee liability

§ 26–1153.05. Assignee liability.
(a) Any person who purchases or is otherwise assigned a covered loan shall be subject to all claims and defenses with respect to the covered loan that the borrower could assert against the originator of the covered loan, unless the purchaser or assignee demonstrates, by a preponderance of the evidence, that a reasonable person exercising ordinary due diligence could not determine that the loan was a covered loan for the purposes of this chapter, based on:
(1) The documentation required by § 26-1151.02 or subchapter II of this chapter;
(2) The itemization of the amount financed; and
(3) Other disclosure of disbursements.
(b) Nothing in subsection (a) of this section shall affect the rights of a borrower under any other provision of this chapter.
(c) Notwithstanding any other provision of law, the relief provided under this section shall not exceed:
(1) With respect to actions based upon a violation of this chapter, the amount of actual damages; and
(2) With respect to all other causes of action, the sum of:
(A) The amount of all remaining indebtedness; and
(B) The total amount paid by the consumer in connection with the transaction, reduced by the amount of any damages awarded under paragraph (1) of this subsection.
(d) Any person who sells or otherwise assigns a covered loan shall include a prominent notice, in the form as provided by the Mayor pursuant to rules of the potential liability under this section.
(May 7, 2002, D.C. Law 14-132, § 305, 49 DCR 2551; Apr. 13, 2005, D.C. Law 15-354, § 38, 52 DCR 2638.)
Effect of Amendments
D.C. Law 15-354, in subsec. (c)(2), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) addition of section, see § 305 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter IV - Rulemaking › § 26–1154.01. Rulemaking authority

§ 26–1154.01. Rulemaking authority.
The Mayor shall promulgate rules in accordance with Chapter 5 of Title 2, to carry out the purposes of this chapter. The rules shall be promulgated within 90 days of May 7, 2002.
(May 7, 2002, D.C. Law 14-132, § 401, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 401 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11A - Home Loan Protection › Subchapter V - Applicability › § 26–1155.01. Applicability

§ 26–1155.01. Applicability.
(a) Subchapters I through III of this chapter shall apply 60 days after the effective date of the regulations promulgated by the Mayor pursuant to this chapter.
(b) The provisions of this chapter shall be interpreted and applied to the fullest extent practical in a manner consistent with applicable federal laws and regulations. Nothing in this chapter is intended to preempt federal laws and regulations.
(May 7, 2002, D.C. Law 14-132, § 501, 49 DCR 2551.)
Emergency Legislation
For temporary (90 day) addition of section, see § 501 of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
For temporary (90 days) addition of a subchapter concerning conformity with the Nationwide Mortgage Licensing System, see §§ 2-11 of the Nationwide Mortgage Licensing System Conformity Emergency Act of 2014 (D.C. Act 20-374, July 10, 2014, 61 DCR 7230).
Temporary Legislation
For temporary (225 days) addition of provisions to standardize licensing and registration application requirements using the Nationwide Mortgage Licensing System and Registry , see §§ 2-11 of the Nationwide Mortgage Licensing System Conformity Temporary Act of 2014 (D.C. Law 20-146, Dec. 17, 2014, 61 DCR 8063).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.01. Definitions

§ 26–1161.01. Definitions.
For the purposes of this chapter, the term:
(1) “Applicant” means a person filing an initial or renewal application for licensure or registration under the Banking Code.
(2) “Application” means an initial or renewal application for licensure or registration under the Banking Code processed through the Department or its designee, such as the NMLS or any other person or third party prescribed by the Commissioner.
(3) “Banking Code” means the statutory provisions concerning banking and financial institutions that are codified in Title 26, laws administered by the Commissioner, and rules and regulations promulgated pursuant to those statutory provisions.
(4) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(5) “Conference of State Bank Supervisors” or “CSBS” means the professional association of state officials responsible for chartering, regulating, and supervising state- chartered commercial and savings banks and state-licensed branches and agencies of foreign banks.
(6) “Department” means the Department of Insurance, Securities, and Banking.
(7) “Nationwide Mortgage Licensing System and Registry” or “NMLS” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or their successors, for the licensing and registration of persons engaged in state-regulated financial service industries.
(8) “State Regulatory Registry, LLC” or “SRR” means the entity that owns and operates the NMLS, or its successor.
(9) “Unique identifier” means a number or other identifier assigned through protocols established by the NMLS.
(Mar. 7, 2015, D.C. Law 20-172, § 2, 61 DCR 12577.)
Emergency Legislation
For temporary (90 days) addition of provisions to standardize licensing and registration application requirements using the Nationwide Mortgage Licensing System and Registry, see §§ 2-12 of the Nationwide Mortgage Licensing System Conformity Congressional Review Emergency Act of 2014 (D.C. Act 20-456, Oct. 23, 2014, 61 DCR 11095, 20 STAT 4358).
For temporary (90 days) addition of provisions to standardize licensing and registration application requirements using the Nationwide Mortgage Licensing System and Registry, see §§ 2-12 of the Nationwide Mortgage Licensing System Conformity Second Congressional Review Emergency Act of 2014 (D.C. Act 20-583, Jan. 13, 2015, 62 DCR 1280, 21 STAT 746).
Temporary Legislation
For temporary (225 days) addition of provisions to standardize licensing and registration application requirements using the Nationwide Mortgage Licensing System and Registry, see §§ 2-12 of the Nationwide Mortgage Licensing System Conformity Temporary Amendment Act of 2014 (D.C. Law 20-146, Dec. 17, 2014, 61 DCR 8063, 20 STAT 4137).
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.02. Unique identifier required

§ 26–1161.02. Unique identifier required.
Each licensee and registrant under the Banking Code shall register with and maintain a valid unique identifier issued by the NMLS.
(Mar. 7, 2015, D.C. Law 20-172, § 3, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.03. Form and contents of application

§ 26–1161.03. Form and contents of application.
(a) An application shall be filed on a form prescribed by the Commissioner. (b) Solely for purposes of and as needed for participating in the NMLS, the Commissioner is authorized to waive or modify by rule any requirements for applications, fees, or renewals in Chapter 1A, 3, 9, 10, or 11 of the Banking Code and to establish by rule new regulatory requirements as are reasonably necessary to participate in the NMLS.
(Mar. 7, 2015, D.C. Law 20-172, § 4, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.04. Background checks

§ 26–1161.04. Background checks.
The Commissioner may use the NMLS as an agent for requesting information from and distributing information to:
(1) The Federal Bureau of Investigation;
(2) The Department of Justice; or
(3) Other law enforcement agency, regulatory agency, or credit reporting agency.
(Mar. 7, 2015, D.C. Law 20-172, § 5, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.05. Confidential information

§ 26–1161.05. Confidential information.
To assist in the performance of the Commissioner’s duties under this chapter, the Commissioner may:
(1) Share documents, materials, or other information, including confidential and privileged documents, materials, or information subject to this chapter, with state, federal, and international regulatory agencies and law enforcement authorities, and with the CSBS, SRR, and NMLS, or their affiliates or subsidiaries; provided, that the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information;
(2) Receive documents, materials, or information, including confidential and privileged documents, materials, or other information, from state, federal, and international regulatory agencies or law enforcement authorities or from the CSBS, SRR, and NMLS or their affiliates or subsidiaries, and shall maintain as confidential or privileged any documents, materials, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the documents, materials, or other information;
(3) Enter into agreements for sharing and using confidential information consistent with this chapter;
(4) Authorize a national criminal background check and submission of fingerprints and other identifying information submitted through the NMLS and receive criminal history record information from the NMLS, the Metropolitan Police Department, and the Federal Bureau of Investigation for the purposes of facilitating determinations regarding eligibility for licensure or registration under the Banking Code; and
(5) Contract with a third party, including the SRR, or the CSBS, or their affiliates or subsidiaries, to perform any functions, including the collection of licensing, registration, and processing fees, collection of contact information and other identifying information, fingerprints, written consent to a criminal background check, personal history and experience, and conduct of examinations-related activities covered under the Banking Code, that the Commissioner may consider appropriate.
(Mar. 7, 2015, D.C. Law 20-172, § 6, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.06. Renewal

§ 26–1161.06. Renewal.
(a) A license or registration issued under this chapter shall expire on a date to be determined by the Commissioner. A license or registration may thereafter be renewed for one-year term extensions as provided by this section.
(b) Before a license expires, the applicant may renew the license or registration for additional one-year terms, if the applicant:
(1) Demonstrates that the applicant continues to meet the standards for licensing or registration under this chapter and under all relevant provisions of the Banking Code;
(2) Pays all applicable fees as prescribed by the Commissioner and all third-party fees; and
(3) Submits to the Commissioner a renewal application on the form that the Commissioner requires.
(Mar. 7, 2015, D.C. Law 20-172, § 7, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.07. Application fees

§ 26–1161.07. Application fees.
(a) When filing an application, each applicant shall pay the applicable fees prescribed by the Commissioner and any third-party fees. Any fees paid in connection with the processing of an application shall be non-refundable.
(b) The Commissioner may increase or decrease the fees authorized by this section. The fees shall be fixed at such rates as may, in the judgment of the Commissioner, be necessary to defray the approximate costs of carrying out the regulatory functions set forth in this chapter and the Banking Code. These fees shall not be abated or refunded upon surrender, suspension, cancellation, or revocation of a registration.
(Mar. 7, 2015, D.C. Law 20-172, § 8, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.08. NMLS reporting requirements

§ 26–1161.08. NMLS reporting requirements.
The Commissioner shall regularly report violations of the Banking Code, as well as enforcement actions and other relevant information, to the NMLS. The reports shall be subject to the provisions of § 26-1161.05.
(Mar. 7, 2015, D.C. Law 20-172, § 9, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.09. NMLS information challenge process

§ 26–1161.09. NMLS information challenge process.
The Commissioner shall establish by rule a process whereby applicants, licensees, and registrants may challenge information entered into the NMLS by the Commissioner.
(Mar. 7, 2015, D.C. Law 20-172, § 10, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.10. Authority of Commissioner to issue regulations

§ 26–1161.10. Authority of Commissioner to issue regulations.
The Commissioner, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(Mar. 7, 2015, D.C. Law 20-172, § 11, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 11B - Nationwide Mortgage Licensing System Conformity › § 26–1161.11. Sunset

§ 26–1161.11. Sunset.
Section 26-1161.03(b) shall expire 2 years after March 7, 2015.
(Mar. 7, 2015, D.C. Law 20-172, § 12, 61 DCR 12577.)
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 12 - Savings and Loan Acquisition › § 26–1203. Authorization of regional branches

§ 26–1203. Authorization of regional branches.
(a) Ninety days after October 12, 1988, a regional association or a regional savings and loan holding company may obtain a certificate of authority to establish, maintain, and acquire branches in the District on approval of the Superintendent [Commissioner].
(b) Before granting approval, the Superintendent [Commissioner] shall determine that each of the following requirements is met:
(1) The laws of the state in which the branching regional association or regional savings and loan holding company has its principal place of business authorize District associations or District savings and loan holding companies to establish or maintain branches in that state on terms and conditions reasonably equivalent to those applicable to the establishment or maintenance of branches in the District by District associations and District savings and loan holding companies and on terms and conditions reasonably equivalent to those applicable to the establishment or maintenance of branches in that state by an association or savings and loan holding company located in that state;
(2) The establishment or maintenance of a branch complies with conditions, restrictions, requirements, or other limitations that would apply to the branching of a District association or District savings and loan holding company in the state in which the regional association or regional savings and loan holding company has its principal place of business, but that would not apply to the branching of an association or savings and loan holding company, all of whose branches or association subsidiaries are located in that state; and
(3) The establishment or maintenance of a branch will not be prejudicial to the interests of the general public; among the factors to be considered by the Superintendent [Commissioner] in making a determination under this paragraph are the character, experience, and financial responsibility of the association or savings and loan holding company seeking to establish a branch and its directors and officers.
(Oct. 12, 1988, D.C. Law 7-175, § 4, 35 DCR 6133.)
Prior Codifications
1981 Ed., § 26-903.
Section References
This section is referenced in § 26-1204, § 26-1206, and § 26-1216.
2023 District of Columbia Code › Title 26 - Banks and Other Financial Institutions › Chapter 12 - Savings and Loan Acquisition › § 26–1206. Review of applications

§ 26–1206. Review of applications.
(a) Prior to deciding whether to grant approval of the application under § 26-1202, § 26-1203, or § 26-1205, the Superintendent [Commissioner] shall accept public comment on the application and shall hold a public hearing on the application, according to procedures established by rules issued by the Superintendent [Commissioner].
(b) The Superintendent [Commissioner] shall make either a favorable or unfavorable recommendation on the application, explain the reasons for his or her recommendation, and submit to the Council his or her recommendation and explanation, a copy of the application, and any other relevant information or submissions within 90 days after receipt of the application. The Superintendent [Commissioner] may extend this 90-day period for up to an additional 60 days. No application required by § 26-1202, § 26-1203, or § 26-1205, shall be complete unless it is accompanied by an application fee in an amount to be established by the Superintendent [Commissioner] and made payable to the District of Columbia Treasurer. No entity required to obtain issuance shall commence operations until the applicant has submitted evidence that the insurance has been obtained.
(c) The Council may adopt a resolution disapproving the Superintendent’s [Commissioner’s] recommendation within 45 days, excluding Saturdays, Sundays, legal holidays, and days of Council recess, after receipt of the Superintendent’s [Commissioner’s] recommendation.
(d) If the Council fails to adopt a resolution disapproving the Superintendent’s [Commissioner’s] recommendation within the 45-day period, the Superintendent’s [Commissioner’s] recommendation shall be deemed approved.
(Oct. 12, 1988, D.C. Law 7-175, § 7, 35 DCR 6133.)
Prior Codifications
1981 Ed., § 26-906.