Title 9, Banking
20 chapters · 557 sections in this title.
9 V.I.C. § 361 Definitions
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(1) For the purposes of this chapter, the term:(1) “Banking Board” means the Banking Board of the United States Virgin Islands as established by title 3 Virgin Islands Code, section 42.(2) “Borrower” means a person who submits an application for a loan secured by a first or subor…
9 V.I.C. § 362 Exemptions
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(1) The provisions of this chapter do 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 Virgin Islands, and any o…
9 V.I.C. § 363 License requirements
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(a) No person may engage in business as a mortgage lender or mortgage broker, or both, or hold himself out to the public to be a mortgage lender or mortgage broker unless such person has first obtained a license under this chapter. (b) To qualify for a license, an applicant must …
9 V.I.C. § 364 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 Banking Board shall investigate to determine if the applicant meets the requirements of this chapter. The Banking Board shall make such investigations as necessary t…
9 V.I.C. § 365 Acquisition of control; application
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(a) Except as provided in this section, no person may 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 wit…
9 V.I.C. § 366 Rejection of license application
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(a) (1) If an applicant does not meet the requirements of section 363 of this chapter, the Banking Board shall:(A) immediately notify the applicant in writing of this fact;(B) return the bond filed; and(C) refund the license fee.(2) The Banking Board shall keep the investigation …
9 V.I.C. § 367 License expiration and renewal; annual fee
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(a) A license expires an December 31 after its effective date, unless the license is renewed for a one year term as provided in this section. (b) Before a license expires, the licensee periodically may renew the license for additional one year terms, if the licensee;(1) otherwise…
9 V.I.C. § 368 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 Banking Board in writing of the proposed change; and(2) receives the written consent of the Banking Board. (1) notifies the Banking Board in writing of the prop…
9 V.I.C. § 369 Recordkeeping requirements
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(a) Each licensee shall keep and make available to the Banking Board at the licensee's place of business any books and records that the Banking Board, by regulation requires to enable the Banking Board to enforce this chapter and any regulation adopted under this chapter. (b) Eac…
9 V.I.C. § 370 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 Banking Board containing such information as the Banking Board may require concerning the licensee's operations during the …
9 V.I.C. § 371 Surrender of license
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(a) A licensee may surrender a license by sending to the Banking Board 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 license was surre…
9 V.I.C. § 372 Examinations and investigations
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(a) The Banking Board or its designated agent shall examine the affairs, business, premises, and records of each licensee at least once in every three year period and at any other time the Banking Board reasonably considers necessary. (b) (1) Any person aggrieved by the conduct o…
9 V.I.C. § 373 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 on a single to four-family home to be occupied by the borrower shall provide the borrower with a financing agreement executed by the lender.(2) The financing agreement shall provide…
9 V.I.C. § 374 Prohibited practices
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(a) No mortgage lender or mortgage broker required to be licensed under this chapter may:(1) obtain any agreement or instrument in which blanks are left to be filled in after execution;(2) take an interest in collateral other than the real estate or residential property, includin…
9 V.I.C. § 375 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, must be kept in accounts segregated from accounts of the mortgage lender, and shall not be commingled with other funds of the…
9 V.I.C. § 376 Advertising
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(1) No mortgage lender or mortgage broker required to be licensed under this chapter may use, or cause to be published, any advertisement which:(1) contains any false, misleading, or deceptive statement or representation; or(2) identifies the lender or broker by any name other th…
9 V.I.C. § 377 Evasive business tactics
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(a) If the Banking Board 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 Virgin Islands, the Banking Board may issue a written order…
9 V.I.C. § 378 Suspension, revocation, and enforcement
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(a) The Banking Board 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 in an application…
9 V.I.C. § 379 Hearing procedures
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(a) Before the Banking Board takes any action under section 377 or section 378 of this chapter, the Banking Board shall give the licensee an opportunity for a hearing. (b) The hearing notice to the licensee must be sent by certified mail, return receipt requested, to the principa…
9 V.I.C. § 380 Limitation on name of mortgage business
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(1) A mortgage lender or mortgage broker 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 credit union; or(4) an insurance company. …
9 V.I.C. § 381 Authority of the Banking Board to issue rules and regulations
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The Banking Board is authorized to promulgate such regulations pursuant to title 3 Virgin Islands Code, chapter 35, as necessary and appropriate to implement the provisions of this chapter.
9 V.I.C. § 382 Short title and purpose of this subchapter
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(a) This subchapter may be cited as “The Virgin Islands Secure and Fair Enforcement for Mortgage Licensing Act of 2009”. (b) The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable and immediat…
9 V.I.C. § 383 Definitions
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(a) As used in this subchapter—(a) The term “depository institution” has the same meaning as in section 3 of the Federal Deposit Insurance Act, and includes any credit union.(b) The term “federal banking agencies” means the Board of Governors of the Federal Reserve System, the Co…
9 V.I.C. § 383a Use of unique identifiers
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(a) To the greatest extent possible and to accomplish the purpose of this subchapter, the Virgin Islands shall use unique identifiers in lieu of social security numbers. (b) The unique identifier of any person originating a residential mortgage loan must be clearly shown on all r…
9 V.I.C. § 384 License and registration required; supervised loan processor and underwriters; independent contractor loan processors or underwriters
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(a) Subject to the existence of a licensing or registration regime, as the case may be, an individual, unless specifically exempted from this subchapter under subsection (c) may not engage in the business of a mortgage loan originator with respect to any dwelling located in the V…
9 V.I.C. § 385 State license and registration application and issuance
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(a) Application Form. Applicants for a license shall apply in a form as prescribed by the Banking Board or its designated agent. Each such form must contain content as set forth by rule, regulation, instruction or procedure of the Banking Board or its designated agent and may be …
9 V.I.C. § 386 Standards for license renewal
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(a) The minimum standards for license renewal for State-licensed mortgage loan originators must include the following:(1) The mortgage loan originator continues to meet the minimum standards for license issuance under section 385(c)(1)-(6).(2) The mortgage loan originator has sat…
9 V.I.C. § 387 Authority to require license and modification of act
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(a) In addition to any other duties imposed upon the Banking Board by law, the Banking Board shall require State-licensed mortgage loan originators to be licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement …
9 V.I.C. § 388 Enforcement authorities, violations and penalties
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(a) In order to ensure the effective supervision and enforcement of this subchapter, the Banking Board or its designated agent may:(1) Deny, suspend, revoke, condition or decline to renew a license for a violation of this subchapter, rules or regulations issued under this subchap…
9 V.I.C. § 389 Confidentiality
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(a) Protections. In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing—(a) Protections. Except as otherwise provided in Public Law 110-289, the requirements under any Federal law or Virgin Islands law regarding the priv…
9 V.I.C. § 390 Investigation and examination authority
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(a) Authority to Access Information. In addition to any authority allowed under this subchapter the Banking Board or its designated agent shall have the authority to conduct investigations and examinations as follows:(a) Authority to Access Information. For purposes of initial li…
9 V.I.C. § 391 Broad administrative authority
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That the Banking Board shall have the broad administrative authority to administer, interpret and enforce this subchapter, and promulgate rules or regulations implementing this subchapter, in order to carry out the intentions of the Legislature.
9 V.I.C. § 392 Prohibited acts and practices
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(a) In addition to those prohibited acts set forth in 9 V.I.C. section 374 governing mortgage lenders and brokers and their employees, it is a violation of this subchapter for a person or individual subject to this subchapter to:(a) Directly or indirectly employ any scheme, devic…
9 V.I.C. § 393 Reports
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(a) Mortgage Call Reports. 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. (b) R…
9 V.I.C. § 394 Nationwide mortgage licensing system and registry information challenge process
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The Banking Board or its designated agent shall establish a process whereby mortgage loan originators may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the Banking Board or its designated agent.
9 V.I.C. § 395 Privately insured credit unions
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Non-federally insured credit unions that employ loan originators, as defined in PL 110-289, Title V, the S.A.F.E. Act, shall register such employees with the Nationwide Mortgage Licensing System and Registry by furnishing the information concerning the employees' identity set for…
9 V.I.C. § 396 Severability
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If any provision of this subchapter or its application to any person or circumstance is held invalid, the remainder of the subchapter or the application of the provision to other persons or circumstances is not affected.
9 V.I.C. § 397 Effective date
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In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, the effective date for implementation of this subchapter shall be December 31, 2010, or such later date approved by the Secretary of the United States Department of Hous…