(1) Except as otherwise provided in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5111, the requirements under any federal law or law of this state regarding 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 the information or material, shall apply to the information or material after it has been disclosed to the nationwide mortgage licensing system and registry. The information or material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or confidentiality protections provided by federal or state law.
The board may enter into agreements with other government agencies, the Conference of State Bank Supervisors or its successor organization, the American Association of Residential Mortgage Regulators or its successor organization, or other associations representing government agencies as established by rule.
Information or material that is subject to privilege or confidentiality pursuant to subsection (1) of this section shall not be subject to the following:
Disclosure under a federal or state law governing the disclosure to the public ofinformation held by an officer or agency of the federal government or the respective state; or
Subpoena, discovery, or admission into evidence in any private civil action or administrative process, unless with respect to a privilege held by the nationwide mortgage licensing system and registry regarding the information or material, the person to whom the information or material pertains waives the privilege, in whole or in part.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 712, § 1, effective October 1.
Editor's note: This section is similar to former § 12-61-916 as it existed prior to 2019. 12-10-728. Mortgage call reports - reports of violations. (1) The board may require each licensee or registrant to submit to the nationwide mortgage licensing system and registry mortgage call reports, which shall be in the form and contain the information required by the nationwide mortgage licensing system and registry.
(2) The board may report violations of this part 7, enforcement actions, and other relevant information to the nationwide mortgage licensing system and registry.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 713, § 1, effective October 1.
Editor's note: This section is similar to former § 12-61-917 as it existed prior to 2019.