S.D. Codified Laws § 54-14-15

Current through the 2024 Legislative Session

Section 54-14-15 - Information to be furnished to nationwide mortgage licensing system and registry-Distribution of information-Criminal background check

In connection with an application for licensing as a mortgage lender, mortgage broker, or mortgage loan originator, the applicant shall furnish to the nationwide mortgage licensing system and registry information concerning the applicant's identity, including:

(1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information, for a state, national, and international criminal history background check; and

(2) Personal history and experience in a form prescribed by the nationwide mortgage licensing system and registry, including the submission of authorization for the nationwide mortgage licensing system and registry and the director to obtain:

(a) An independent credit report from a consumer reporting agency described in 15 U.S.C. § 1681(a) as of January 1, 2009; and

(b) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.

The Division of Banking may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the division. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

The director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice or any governmental agency. The director 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 director.

SDCL 54-14-15

SL 2007, ch 279, §4; SL 2009, ch 251, §8.