Hawaii Revised Statutes 454f. Secure and Fair Enforcement for Mortgage Licensing Act

PART I. GENERAL PROVISIONS

• 454f-1 Definitions.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-1 Definitions. In this chapter, unless the context or subject matter otherwise requires:...
• 454f-1.5 Registration With Nmls Required.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-1.5 Registration with NMLS required. (a) All mortgage loan originators, mortgage loan originator...
• 454f-1.6 Presumption of Control.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-1.6 Presumption of control. An individual is presumed to control a mortgage loan...
• 454f-1.7 Duties of a Mortgage Loan Originator Company's Qualified Individual and Branch Manager.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-1.7 Duties of a mortgage loan originator company's qualified individual and branch manager....
• 454f-1.8 Sponsorship by Mortgage Loan Originator Company, Exempt Sponsoring Mortgage Loan Originator Company, or Nonprofit Organization.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-1.8 Sponsorship by mortgage loan originator company, exempt sponsoring mortgage loan originator company,...
• 454f-2 Exemptions.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-2 Exemptions. This chapter shall not apply to the following: (1) An exempt...
• 454f-2.5 Exempt Sponsoring Mortgage Loan Originator Company; Registration.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-2.5 Exempt sponsoring mortgage loan originator company; registration. Any person exempt from the...
• 454f-3 Requirement of Licensure.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-3 Requirement of licensure. (a) Effective January 1, 2011, or such later date...
• 454f-4 License and Registration; Application; Issuance.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-4 License and registration; application; issuance. (a) Applicants for a license shall apply...
• 454f-4.5 Automatic Secondary Review of License Application.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-4.5 Automatic secondary review of license application. (a) For each application that was...
• 454f-4.8 Decision Denying Application Subject to Administrative Hearing. (A) Within Fifteen Days Following Receipt of a Decision Denying an Application, an Applicant May Petition the Commissioner for an Administrative Hearing that Shall Be Held in Accordance With Chapter 91 and the Rules of the Department of Commerce and Consumer Affairs. If a Petition for an Administrative Hearing is Not Filed Within the Time Specified, the Commissioner's Decision Denying the Application Shall Become a Final Decision and Order Denying the Application. (B) Upon the Receipt of a Petition for an Administrative Hearing, the Commissioner Shall Assign the Petition to a Hearings Officer for Further Proceedings Pursuant to the Rules of the Department of Commerce and Consumer Affairs. The Commissioner Shall Issue a Written Final Decision and Order, Following the Hearings Officer's Transmittal to the Commissioner of the Entire Record Together With the Recommended Decision, Any Timely Filed Exceptions, and Any Timely Filed Statements in Support of the Recommended Decision. [L 2011, C 194, Pt of §1]
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. [§454F-4.8] Decision denying application subject to administrative hearing. (a) Within fifteen days following...
• 454f-4.9 Abandoned Applications.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-4.9 Abandoned applications. (a) An application for licensure pursuant to this chapter shall...
• 454f-5 Issuance of License.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-5 Issuance of license. (a) The commissioner shall not issue a license pursuant...
• 454f-6 Pre-Licensing and Re-Licensing; Education of Mortgage Loan Originators.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-6 Pre-licensing and re-licensing; education of mortgage loan originators. (a) An applicant for...
• 454f-7 Testing of Mortgage Loan Originators.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-7 Testing of mortgage loan originators. (a) To meet the written test requirement...
• 454f-8 Standards for License Renewal.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-8 Standards for license renewal. (a) The minimum standards for license renewal for...
• 454f-8.5 Reinstatement of Expired Licenses.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. [§454F-8.5] Reinstatement of expired licenses. (a) A license issued pursuant to this chapter...
• 454f-9 Continuing Education; Mortgage Loan Originators.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-9 Continuing education; mortgage loan originators. (a) Each year, a licensed mortgage loan...
• 454f-10 Authority to Require License.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-10 Authority to require license. In addition to any other duties imposed upon...
• 454f-10.5 Authorized Places of Business; Designation of Qualified Individuals and Branch Managers; Branch Offices; Principal Office Relocation.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-10.5 Authorized places of business; designation of qualified individuals and branch managers; branch...
• 454f-10.6 Voluntary Cessation of Operation; Surrender of License.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. [§454F-10.6] Voluntary cessation of operation; surrender of license. (a) Subject to the approval...
• 454f-10.7 Change in Control of a Licensee; Fees.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-10.7 Change in control of a licensee; fees. (a) A licensee shall submit...
• 454f-11 Nmls Registry Information; Challenge Process.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-11 NMLS registry information; challenge process. The commissioner shall establish a process by...
• 454f-12 Enforcement Authorities; Violations; Penalties.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-12 Enforcement authorities; violations; penalties. (a) To ensure the effective supervision and enforcement...
• 454f-13 Repealed.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-13 REPEALED. L 2010, c 84, §27.
• 454f-14 Confidentiality.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-14 Confidentiality. (a) Except as otherwise provided in Public Law 110-289, section 1512,...
• 454f-15 Investigation and Examination Authority.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-15 Investigation and examination authority. (a) In addition to any other authority under...
• 454f-16 Mortgage Call Reports.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-16 Mortgage call reports. Each licensee and exempt sponsoring mortgage loan originator company,...
• 454f-17 Prohibited Practices.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-17 Prohibited practices. It shall be a violation of this chapter for a...
• 454f-18 Powers of Commissioner.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-18 Powers of commissioner. (a) The commissioner may adopt rules pursuant to chapter...
• 454f-19 Unique Identifier Shown.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-19 Unique identifier shown. The unique identifier of any person originating a residential...
• 454f-20 Report to Nmls.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-20 Report to NMLS. Notwithstanding any other law to the contrary, the commissioner...
• 454f-21 Repealed.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-21 REPEALED. L 2010, c 84, §28.
• 454f-22 Mortgage Loan Originator, Mortgage Loan Originator Company, Exempt Sponsoring Mortgage Loan Originator Company, Nonprofit Organizations, and Mortgage Servicer Company Fees.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-22 Mortgage loan originator, mortgage loan originator company, exempt sponsoring mortgage loan originator...
• 454f-23 Payment of Fees.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-23 Payment of fees. All fees collected pursuant to section 454F-22, administrative fines,...
• 454f-24 Mortgage Servicer Companies; Mortgage Loan Originators.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-24 Mortgage servicer companies; mortgage loan originators. An employee who performs mortgage loan...
• 454f-25 Nonprofit Organizations; Mortgage Loan Originators.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-25 Nonprofit organizations; mortgage loan originators. (a) An employee who performs mortgage loan...
• 454f-26 Repealed.
  Sections 454F-1 to 454F-26 designated as Part I pursuant to §23G-15. §454F-26 REPEALED. L 2014, c 198, §12

PART II. MORTGAGE LOAN RECOVERY FUND

• 454f-41 Mortgage Loan Recovery Fund; Use of Fund; Fees.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. §454F-41 Mortgage loan recovery fund; use of fund; fees. (a) The commissioner shall...
• 454f-42 Statute of Limitation; Recovery From Fund.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. §454F-42 Statute of limitation; recovery from fund. (a) No action for a judgment...
• 454f-43 Management of Fund.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. [§454F-43] Management of fund. (a) The sums received by the division pursuant to...
• 454f-44 Standing.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. [§454F-44] Standing. The commissioner shall have standing to intervene in and defend any...
• 454f-45 Subrogation of Rights.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. [§454F-45] Subrogation of rights. When, pursuant to court order, the commissioner has paid...
• 454f-46 Waiver of Rights.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. [§454F-46] Waiver of rights. The failure of an aggrieved person to comply with...
• 454f-47 Disciplinary Action Against Licensee.
  Sections 454F-41 to 454F-47 designated as Part II pursuant to §23G-15. [§454F-47] Disciplinary action against licensee. No provision of this chapter relating to the...

Last modified: October 27, 2016