22 chapters · 372 sections in this title.
D.C. Code § 26-1101 Definitions
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For the purposes of this chapter, the term: (1) “Borrower” means a person who submits an application for a loan secured by a first or subordinate mortgage or deed of trust on a single to 4-family home. (1A) “Clerical tasks” means the receipt, collection, and distribution of infor…
D.C. Code § 26-1102 Exemptions
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The provisions of this chapter shall not apply to: (1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of the United States, any state or territory of the United States, or the District, and any other f…
D.C. Code § 26-1103 License requirements
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(a)(1) No person shall engage in business as a mortgage loan originator, loan officer, mortgage lender, mortgage broker, or any permissible combination thereof, or hold himself out to the public to be a mortgage loan originator, loan officer, mortgage lender, mortgage broker, or …
D.C. Code § 26-1104 Issuance of license
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(a) When an applicant for a license files the application and bond and pays the fees required by this chapter, the Superintendent [Commissioner] shall investigate to determine if the applicant meets the requirements of this chapter. The Superintendent [Commissioner] shall make su…
D.C. Code § 26-1105 Acquisition of control; application
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(a) Except as provided in this section, no person shall acquire directly or indirectly 25% or more of the voting shares of a corporation or 25% of the ownership of any other entity licensed to conduct business under this chapter unless such person first: (1) Files an application …
D.C. Code § 26-1106 Rejection of license application
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(a)(1) If an applicant does not meet the requirements of § 26-1103, the Superintendent [Commissioner] shall: (A) Immediately notify the applicant in writing of this fact; (B) Return the bond filed under § 26-1103; and (C) Refund the license fee. (2) The Superintendent [Commission…
D.C. Code § 26-1107 License expiration and renewal; annual fee
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(a)(1) A license issued under this chapter shall expire on a date to be determined by the Superintendent [Commissioner]; provided, that the initial term of the license shall be not less than 180 days, or greater than 18 months, after the effective date of the license. A license m…
D.C. Code § 26-1108 Change of place of business
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(a) A licensee may not change the place of business for which a license is issued unless the licensee: (1) Notifies the Superintendent [Commissioner] in writing of the proposed change; and (2) Receives the written consent of the Superintendent [Commissioner]. (b) The application …
D.C. Code § 26-1109 Record keeping requirements
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(a) Each licensee shall keep and make available to the Superintendent [Commissioner] at the licensee’s place of business any books and records that the Superintendent [Commissioner], by rule or regulation, requires to enable the Superintendent [Commissioner] to enforce this chapt…
D.C. Code § 26-1110 Annual report
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(a) Each mortgage lender or mortgage broker required to be licensed under this chapter shall annually, on or before March 31, file a written report with the Superintendent [Commissioner] containing such information as the Superintendent [Commissioner] may require concerning the l…
D.C. Code § 26-1111 Surrender of license
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(a) A licensee may surrender a license by sending to the Superintendent [Commissioner] the license and a written statement that the license is surrendered. (b) The surrender of a license does not affect any civil or criminal liability of a licensee for acts committed before the l…
D.C. Code § 26-1112 Examinations and investigations
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(a) The Superintendent [Commissioner], or his or her designated agent, shall examine the affairs, business, premises, and records of each licensee at least once in every 3 year period and at any other time the Superintendent [Commissioner] reasonably considers necessary. (b)(1) A…
D.C. Code § 26-1113 Required loan disclosures
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(a)(1) A licensee who offers to make or procure a loan secured by a first or subordinate mortgage or deed of trust on a single to 4-family home shall provide the borrower with a financing agreement executed by the lender. (2) The financing agreement shall provide: (A) The term an…
D.C. Code § 26-1114 Prohibited practices
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(a) No mortgage broker, mortgage lender, mortgage loan originator, or loan officer required to be licensed under this chapter, or person required to be licensed under this chapter, shall: (1) Obtain any agreement or instrument in which blanks are left to be filled in after execut…
D.C. Code § 26-1115 Escrow accounts
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(a) All moneys required by a mortgage lender to be paid by borrowers in escrow to defray future taxes or insurance premiums, or for other lawful purposes, shall be kept in accounts segregated from accounts of the mortgage lender, and shall not be commingled with other funds of th…
D.C. Code § 26-1116 Advertising
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No mortgage lender, mortgage broker, mortgage loan originator, or loan officer required to be licensed under this chapter shall use, or cause to be published, any advertisement which: (1) Contains any false, misleading, or deceptive statement or representation; or (2) Identifies …
D.C. Code § 26-1117 Evasive business tactics
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(a) If the Commissioner finds that the conduct of any other business conceals a violation or evasion of this chapter, any rule or regulation adopted under this chapter, or any law regulating mortgage loan lending in the District, the Commissioner may issue a written order to a li…
D.C. Code § 26-1118 Suspension, revocation, and enforcement
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(a) The Superintendent [Commissioner] may suspend or revoke the license of any licensee if the licensee or any owner, director, officer, member, partner, stockholder, employee, or agent of the licensee, while acting on behalf of the licensee: (1) Makes any material misstatement i…
D.C. Code § 26-1119 Hearing procedures
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(a) A person to whom an order is issued pursuant to § 26-1117 or § 26-1118 shall be given reasonable notice and the opportunity for a hearing as provided in this section. Upon the issuance of any order, the Commissioner shall notify the respondent, applicant, licensee, or person …
D.C. Code § 26-1120 Limitation on name of mortgage business
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A mortgage lender, mortgage broker, mortgage loan originator, or loan officer may not do business under any trade name that misrepresents or tends to misrepresent that the mortgage lender is: (1) A bank, trust company, or savings bank; (2) A savings and loan association; (3) A cr…
D.C. Code § 26-1120.01 Confidential information
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(a) 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 other local, stat…
D.C. Code § 26-1120.02 Nationwide Mortgage Licensing System and Registry reporting requirements
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(a) The Commissioner shall regularly report violations of this chapter, as well as enforcement actions and other relevant information, to the NMLSR. The reports shall be subject to the provisions of § 26-1120.01. (b) Each licensee shall submit to the NMLSR reports of condition, w…
D.C. Code § 26-1120.03 Nationwide Mortgage Licensing System and Registry information challenge process
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The Commissioner shall establish a process whereby licensees may challenge information entered into the NMLSR by the Commissioner.
D.C. Code § 26-1121 Authority of Commissioner to issue rules and regulations
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The Superintendent [Commissioner of the Department of Insurance, Securities, and Banking] is hereby authorized to promulgate such rules and regulations as deemed necessary and appropriate to implement the provisions of this chapter in accordance with subchapter I of Chapter 5 of …