Ohio Revised Code Search
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Section 1322.28 | Continuing education for mortgage loan originator.
...(A) Each licensee shall complete at least eight hours of continuing education every calendar year. To fulfill this requirement, the eight hours of continuing education must be offered in a course or program of study reviewed and approved by the superintendent of financial institutions. The course or program of study shall include all of the following: (1) Three hours of applicable federal law and regulations; (2) T... |
Section 1322.29 | Supervision of mortgage loan originator; transfer of license.
...of the Revised Code shall supervise all business of a mortgage loan originator conducted at the principal office, any branch office, or other location used by the individual mortgage loan originator. (B) If a mortgage loan originator's employment or association is terminated for any reason, the licensee may request the transfer of the license to another registrant by submitting a transfer application, along with a ... |
Section 1322.30 | Interest.
...A registrant or entity holding a letter of exemption under this chapter may contract for and receive interest at any rate or rates agreed upon or consented to by the parties to the residential mortgage loan, but not exceeding an annual percentage rate of twenty-five per cent. |
Section 1322.32 | Corporate surety bond; notice of action or judgment.
...tgage lender, mortgage broker, mortgage servicer, or mortgage loan originator activity in this state until the registrant or licensee complies with this section. |
Section 1322.34 | Examination and maintenance of records; reports to NMLS.
...business as a mortgage lender, mortgage servicer, mortgage broker, or mortgage loan originator. No registrant or licensee shall fail to comply with this division. (C) Each registrant, licensee, and entity holding a valid letter of exemption issued under this chapter shall submit to the nationwide mortgage licensing system and registry call reports or other reports of condition, which reports shall be in such form... |
Section 1322.35 | Obstructing examination or investigation by superintendent of financial institutions.
...No person, in connection with any examination or investigation conducted by the superintendent of financial institutions under this chapter, shall knowingly do any of the following: (A) Circumvent, interfere with, obstruct, or fail to cooperate, including making a false or misleading statement, failing to produce records, or intimidating or suborning any witness; (B) Tamper with, alter, or manufacture any evidence... |
Section 1322.36 | Public records and privileged and confidential information; reports by superintendent to NMLS.
...ry authority" includes a regulator of a business activity in which a registrant or licensee is engaged, or has applied to engage in, to the extent that the regulator has jurisdiction over a registrant or licensee engaged in that business activity. A registrant or licensee is engaged in a business activity, and a regulator of that business activity has jurisdiction over the registrant or licensee, whether the registra... |
Section 1322.40 | Prohibited acts.
... (3) Having a mortgage lender, mortgage servicer, or mortgage broker certificate of registration or mortgage loan originator license, or any comparable authority, revoked in any governmental jurisdiction. (E) Knowingly make, propose, or solicit fraudulent, false, or misleading statements on any mortgage loan document or on any document related to a mortgage loan, including a mortgage application, real estate apprai... |
Section 1322.41 | Prohibited interest in appraisal company.
...(A) Except as otherwise provided in division (B) of this section, no registrant, or any member of the immediate family of an owner of a registrant, shall own or control a majority interest in an appraisal company. (B) Division (A) of this section shall not apply to any registrant, or any member of the immediate family of an owner of a registrant, who, on January 1, 2010, directly or indirectly owns or controls a maj... |
Section 1322.42 | Restrictions regarding referrals.
...surance company, that has an affiliated business arrangement with the registrant, licensee, or person without providing the buyer with written notice as required by rule adopted by the superintendent. (2) As used in division (A)(1) of this section, "affiliated business arrangement" has the same meaning as in 12 U.S.C. 2602. (B) No registrant or licensee shall refer a buyer to an appraisal company, if the registrant... |
Section 1322.43 | Supervision of mortgage loan originator and associated persons; procedures to avoid violations; remote work.
...te broker or agent, for the referral of business. (C)(1) Notwithstanding any provision of this chapter to the contrary, a registrant or entity holding a letter of exemption under this chapter may allow a mortgage loan originator or any other person associated with the registrant or entity to transact business on behalf of the registrant or entity from a location other than the registrant's or entity's principal off... |
Section 1322.45 | Additional duties of registrants and licensees; recovery of damages by buyer.
...any transaction, practice, or course of business in connection with the brokering or originating of any residential mortgage loan; (5) Make reasonable efforts to secure a residential mortgage loan, from lenders with whom the registrant, licensee, or person regularly does business, with rates, charges, and repayment terms that are advantageous to the buyer. (B) Division (A) of this section shall not apply to wholesa... |
Section 1322.46 | Disclosures in advertising.
...te accessible through the internet, the business name of the registrant or mortgage loan originator and the unique identifier of the registrant or mortgage loan originator. (B) In making any advertisement, a registrant shall comply with 12 C.F.R. 226.16, as amended. |
Section 1322.50 | Disciplinary actions.
...m acting as a mortgage lender, mortgage servicer, mortgage broker, registrant, mortgage loan originator, or licensee in violation of division (A) or (B) of section 1322.07 of the Revised Code, and may seek and obtain civil penalties for unregistered or unlicensed conduct of not more than five thousand dollars per violation. (C) In conducting any investigation pursuant to this section, the superintendent may compel,... |
Section 1322.51 | Effect of child support default on registration or license.
...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the division of financial institutions shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certificate or license issued pursuant to this chapter. |
Section 1322.52 | Buyer civil action; state civil action; criminal prosecution.
...ted the performance of the registrant's services for the buyer and owes no additional duties or obligations to the buyer with respect to the mortgage loan. However, nothing in this division shall be construed to limit or preclude the civil or criminal liability of a registrant for failing to comply with this chapter or any rule adopted under this chapter, for failing to comply with any provision of or duty arising un... |
Section 1322.55 | Adoption of rules to parallel federal SAFE Act.
...(A) Notwithstanding any provision of this chapter, or any rule adopted thereunder, if the "Secure and Fair Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as amended, is modified after October 16, 2009, or any regulation, statement, or position is adopted under that act, and the item modified or adopted affects any matter within the scope of this chapter, the superintendent of fina... |
Section 1322.56 | Adoption of rules to comply with NMLS requirements.
...The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, any rule necessary to comply with the requirements of the nationwide mortgage licensing system and registry, including requirements pertaining to all of the following: (A) Payment of nonrefundable fees to apply for, maintain, and renew licenses through the nationwide mortgage licensing system and registry; ... |
Section 1322.57 | Administrative rules.
...The superintendent of financial institutions, in accordance with Chapter 119. of the Revised Code, may adopt reasonable rules to administer and enforce this chapter and to carry out the purposes of this chapter. |
Section 1322.99 | Penalty.
...(A)(1) Whoever violates division (A) of section 1322.07 or division (E), (F), or (G) of section 1322.40 of the Revised Code is guilty of a felony of the fifth degree. (2) Whoever violates division (B) of section 1322.07 of the Revised Code is guilty of a misdemeanor of the first degree. (B) The offenses established under divisions (A) and (B) of section 1322.07 of the Revised Code are strict liability offenses, and... |
Section 1334.01 | Business opportunity plan definitions.
... also does not include any payment for sales demonstration equipment and materials, so long as all of the following apply: (1) The seller or an affiliated person furnishes the sales demonstration equipment and materials to the purchaser at cost, and does not realize any profit, commission, fee, rebate, or other benefit from furnishing the equipment and materials. (2) The total price of the sales demonstration ... |
Section 1334.02 | Written disclosure document.
...siness. (c) The trademark, trade name, service mark, advertising, or other commercial symbol, if any, under which the prospective purchaser will be operating, or which identifies the goods or services to be offered, sold, or distributed by the purchaser. (d) All initial payments or a promissory note which must be made by the purchaser to any person in order to begin operation of the business opportunity plan, inclu... |
Section 1334.03 | Prohibitions.
...y security is the value of the goods or services supplied to the purchaser by the seller or affiliated person; (H) Represent that a purchaser's initial payment or promissory note is secured in any manner or that the seller provides a buy-back arrangement unless the seller has, in the manner provided for by section 1334.04 of the Revised Code, obtained a surety bond or established a trust account. |
Section 1334.04 | Seller to establish surety bond or establish trust account.
...ed by a surety company authorized to do business in this state. A trust account shall be established and maintained in this state. (B) Any person claiming against the bond or trust account may maintain an action against the seller and the surety or trustee, except that the surety or trustee shall be liable only for actual damages. The aggregate liability of the surety or trustee to all purchasers shall not exceed th... |
Section 1334.05 | Right to cancel.
... selling or leasing to the purchaser a business opportunity plan, in accordance with the following conditions: (1) If the seller complies with divisions (A)(7), (B), and (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement at any time before midnight of the fifth business day after the day on which the purchaser signs the agreement. (2) If the seller has failed to comply with di... |