PRIA Logo™
Title 12, Banks and BankingRelease 119-102

§5112 Liability Provisions

Title 12 › CHAPTER 51 — SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING › § 5112

Last updated Aug 21, 2026|Official source

Summary

The Bureau, state officials or agencies, groups that run the Nationwide Mortgage Licensing System and Registry (and systems the Director creates), and their officers and employees cannot be sued for money damages for honest actions or mistakes made while doing their official jobs. That protection applies when they collect, share, or release information about people who have applied, are applying, or are licensed or registered through the NMLS and who work in an industry that used NMLS licensing or registration on May 24, 2018.

Full Legal Text

Title 12, §5112

Banks and Banking, Source: USLM XML via OLRC

The Bureau, any State official or agency, or any organization serving as the administrator of the Nationwide Mortgage Licensing System and Registry or a system established by the Director under section 5108 of this title, or any officer or employee of any such entity, shall not be subject to any civil action or proceeding for monetary damages by reason of the good faith action or omission of any officer or employee of any such entity, while acting within the scope of office or employment, relating to the collection, furnishing, or dissemination of information concerning persons who—
(1)have applied, are applying, or are licensed or registered through the Nationwide Mortgage Licensing System and Registry; and
(2)work in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on May 24, 2018.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5112, Pub. L. 110–289, div. A, title V, § 1513,
July 30, 2008, 122 Stat. 2820, which barred liability for good faith actions or omissions by certain entities’ officers or employees, was repealed by Pub. L. 111–203, title X, § 1100(8),
July 21, 2010, 124 Stat. 2107.

Amendments

2018—Pub. L. 115–174 substituted “persons who—” for “persons who are loan originators or are applying for licensing or registration as loan originators.” and added pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–174, title I, § 106(d), May 24, 2018, 132 Stat. 1304, provided that: “This section [enacting section 5117 of this title and amending this section] and the

Amendments

made by this section shall take effect on the date that is 18 months after the date of enactment of this Act [May 24, 2018].”

Effective Date

Section effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as an

Effective Date

of 2010 Amendment note under section 552a of Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5112

Title 12, Banks and Banking

Last Updated

Aug 21, 2026

Release point: 119-102