Utah Code 61-2c-302. Record requirements
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(1) For the time period specified in Subsection (2), a licensee shall make or possess any record required for that licensee by a rule made by the division.
Terms Used In Utah Code 61-2c-302
- Division: means the Division of Real Estate. See Utah Code 61-2c-102
- Entity: means :(1)(x)(i) a corporation;(1)(x)(ii) a limited liability company;(1)(x)(iii) a partnership;(1)(x)(iv) a company;(1)(x)(v) an association;(1)(x)(vi) a joint venture;(1)(x)(vii) a business trust;(1)(x)(viii) a trust; or(1)(x)(ix) another organization. See Utah Code 61-2c-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Licensee: means a person licensed with the division under this chapter. See Utah Code 61-2c-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgage loan originator: means an individual who, for compensation or in expectation of compensation:(1)(gg)(i)(A)(1)(gg)(i)(A)(I) takes a residential mortgage loan application;(1)(gg)(i)(A)(II) offers or negotiates terms of a residential mortgage loan for the purpose of:(1)(gg)(i)(A)(II)(Aa) a purchase;(1)(gg)(i)(A)(II)(Bb) a refinance;(1)(gg)(i)(A)(II)(Cc) a loan modification assistance; or(1)(gg)(i)(A)(II)(Dd) a foreclosure rescue; or(1)(gg)(i)(A)(III) directly or indirectly solicits a residential mortgage loan for another person; and(1)(gg)(i)(B) is licensed as a mortgage loan originator in accordance with this chapter. See Utah Code 61-2c-102
- Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements. See Utah Code 61-2c-102
- Person: means an individual or entity. See Utah Code 61-2c-102
- Record: means information that is:(1)(nn)(i) prepared, owned, received, or retained by a person; and(1)(nn)(ii)(1)(nn)(ii)(A) inscribed on a tangible medium; or(1)(nn)(ii)(B)(1)(nn)(ii)(B)(I) stored in an electronic or other medium; and(1)(nn)(ii)(B)(II) in a perceivable and reproducible form. See Utah Code 61-2c-102
- Residential mortgage loan: means an extension of credit, if:(1)(oo)(i) the loan or extension of credit is secured by a:(1)(oo)(i)(A) mortgage;(1)(oo)(i)(B) deed of trust; or(1)(oo)(i)(C) consensual security interest; and(1)(oo)(ii) the mortgage, deed of trust, or consensual security interest described in Subsection (1)(oo)(i):(1)(oo)(ii)(A) is on a dwelling located in the state; and(1)(oo)(ii)(B) is created with the consent of the owner of the residential real property. See Utah Code 61-2c-102
(2) A licensee, or a person required to be licensed under this chapter, shall maintain and safeguard in the licensee’s or the person’s possession a record described in Subsection (1) for four years from the last to occur of the following:
(2)(a) the final entry on a residential mortgage loan is made by that licensee;
(2)(b) if the residential mortgage loan is serviced by the licensee:
(2)(b)(i) the residential mortgage loan is paid in full; or
(2)(b)(ii) the licensee ceases to service the residential mortgage loan; or
(2)(c) if the residential mortgage loan is not serviced by the licensee, the residential mortgage loan is closed.
(3) A licensee shall, upon the division’s request:
(3)(a) make available to the division for inspection and copying during normal business hours all records required to be maintained under this chapter; and
(3)(b) produce all records described in Subsection (3)(a) that are related to an investigation being conducted by the division at the division office for inspection and copying by the division.
(4) A licensee who is an entity shall maintain and produce for inspection by the division a current list of all individuals whose licenses are sponsored by the entity.
(5)
(5)(a) A licensed entity shall:
(5)(a)(i) create, for each quarter of the fiscal year, a report of condition identifying all lending activities, including all loans closed by the entity’s sponsored mortgage loan originators during the quarter;
(5)(a)(ii) provide each quarterly report of condition to the nationwide database no later than 75 days after the last day of the reporting quarter; and
(5)(a)(iii) maintain each report of condition submitted to the nationwide database as required by 12 U.S.C. § 5104(e) for at least four years from the day on which the licensee submits the report of condition to the nationwide database.
(5)(b) Upon request by the division, a mortgage loan originator shall produce a report of condition for inspection by the division.