Nationwide Mortgage Licensing System And Registry - - CA Financial

Section § 50150

This law allows the commissioner to collaborate with the Nationwide Mortgage Licensing System and Registry for handling records and fees related to mortgage licensing. The commissioner can waive or modify rules to align with this system and can use it to request and share information with government agencies or other sources.

Moreover, a process must be in place for applicants and licensees to contest the information recorded by the commissioner in the system.

(a) The commissioner is authorized to establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry or other entities designated by the Nationwide Mortgage Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this division.

(b) For the purpose of participating in the Nationwide Mortgage Licensing System and Registry, the commissioner is authorized to waive or modify, in whole or in part, by rule, regulation, or order, any or all of the requirements of this division and to establish new requirements as reasonably necessary to participate in the Nationwide Mortgage Licensing System and Registry.

(c) The commissioner may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting information from, and distributing information to, the Department of Justice or any governmental agency.

(d) The commissioner may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the commissioner.

(e) The commissioner shall establish a process where applicants and licensees may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the commissioner.

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(Added by Stats. 2009, Ch. 160, Sec. 61. (SB 36) Effective October 11, 2009.)

Section § 50151

This law ensures that any private information shared with the Nationwide Mortgage Licensing System and Registry (NMLS) remains confidential and protected, even after it has been disclosed. It keeps federal and state privacy protections intact, and this confidential information can't be publicly disclosed or used in court unless the person whose information it is decides to waive that protection.

However, information about a mortgage loan originator's employment history and any public disciplinary actions against them can still be accessed by the public through the NMLS.

(a) Except as otherwise provided in Section 1512 of the SAFE Act, the requirements under any federal law or the Information Practices Act (Chapter 1 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. The information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or the Information Practices Act.

(b) Information or material that is subject to a privilege or confidentiality under subdivision (a) shall not be subject to the following:

(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the state.

(2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of that person, that privilege.

(c) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.

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(Added by Stats. 2009, Ch. 160, Sec. 61. (SB 36) Effective October 11, 2009.)

Section § 50152

This law requires the commissioner to regularly share information about violations, enforcement actions, and other important details with the Nationwide Mortgage Licensing System and Registry, as long as this information is public record.

The commissioner shall report regularly violations of this division, as well as enforcement actions and other relevant information, to the Nationwide Mortgage Licensing System and Registry, to the extent that information is public record.

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(Added by Stats. 2009, Ch. 160, Sec. 61. (SB 36) Effective October 11, 2009.)