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Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5115
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

While Section 5115 itself only requires the director to report to Congress, the regulation falls under the broader authorization of 12 U.S.C. 5101-5116 (cited in the regulation), and especially 5104 and 5107, which clearly instruct the agency on specific regulatory tasks and objectives related to mortgage originator licensing.

Relationship: authorized but not mandated
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The statute authorizes the Director to make legislative recommendations to Congress, but it doesn’t mandate any specific regulations. The regulation implements the S.A.F.E. Mortgage Licensing Act, and while section 5115 relates to the effectiveness of the provisions of the chapter, the regulation is more broadly authorized by the overall Act (12 U.S.C. 5101-5116), not specifically mandated by 5115.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5111
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute provides a clear instruction on a specific regulatory task – maintaining the confidentiality of information within the Nationwide Mortgage Licensing System and Registry. Even though terms are not highly defined, the statute is very precise in the regulatory gap it is instructing the agency to fill.

Relationship: directly mandated
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12 U.S. Code § 5111 directly discusses the confidentiality of information related to the Nationwide Mortgage Licensing System and Registry, explicitly referencing systems established under section 5108. The regulation, 12 CFR Part 1008, directly relates to the S.A.F.E. Mortgage Licensing Act and the Bureau Registration System, and includes a section (§ 1008.3) specifically on the confidentiality of information, thus it directly implements the statute.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5112
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: General Authority sword icon

While the statute addresses a specific area (liability related to the NMLS), it doesn’t instruct the agency to create particular regulations. It’s a broader mandate under the S.A.F.E. Act, giving the agency discretion in implementing policies and procedures. The statute delegates authority related to the overall system and its operation, not specific regulatory tasks.

Relationship: authorized but not mandated
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12 U.S.C. § 5112 pertains to the Nationwide Mortgage Licensing System and Registry, and the regulation, 12 CFR Part 1007, directly implements the S.A.F.E. Mortgage Licensing Act, which includes provisions related to the registry. While § 5112 doesn’t mandate specific regulations, it falls within the broader statutory framework that authorizes the agency to promulgate rules about the licensing system, including provisions related to liability and operation of the system.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5112
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: General Authority sword icon

While the statute deals with the Nationwide Mortgage Licensing System and Registry, which is a component of the SAFE Act and implemented by the CFPB, it doesn’t explicitly instruct the agency to create specific rules or regulations concerning the liability provisions themselves. Instead, it grants liability protection, which indirectly affects how the agency may choose to administer its broader responsibilities under the SAFE Act. This falls into General Authority because it relates to existing rulemaking authority, but does not itself include any mandate for regulatory action.

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 5112, provides liability protections for certain entities involved with the Nationwide Mortgage Licensing System and Registry. While it operates within the broader framework established by the S.A.F.E. Mortgage Licensing Act, which 12 CFR Part 1008 implements, it doesn’t directly mandate the regulation. Rather, it authorizes a specific regulatory action, which is related to the overall statutory scheme but does not explicitly authorize the promulgation of regulations.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5113
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute specifically outlines the agency’s authority regarding loan originator licensing and enforcement in states where the director establishes a licensing system. It details the specific powers the Director has, such as issuing summons, conducting examinations, issuing cease and desist orders, and assessing penalties, contingent on that licensing system being established. The powers are directly tied to the agency’s regulatory role within the scope of that licensing framework.

Relationship: authorized but not mandated
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The statute authorizes the Director to take enforcement actions (summons, examinations, cease and desist, penalties) if they establish a licensing system under section 5107. The Director is not required to establish such a licensing system, but may do so. Thus, regulations concerning these enforcement actions are authorized but not mandated.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5113
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute provides clear instructions on the specific regulatory tasks for the Director, including examination, summons, and enforcement actions related to loan originators. It dictates what the agency must do (examine, summon, cease and desist, assess penalties), how it must be done (notice and hearing), and even sets parameters for penalties ($25,000). It identifies a specific regulatory task.

Relationship: directly mandated
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12 U.S. Code § 5113 directly mandates the Director to examine loan originator data, summon individuals for testimony, appoint examiners, conduct examinations, issue cease and desist orders, and assess money penalties, all contingent on the establishment of a licensing system under section 5107. The statute provides specific instructions for these actions, thus directly mandating the regulatory activity.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5109
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute explicitly addresses the regulatory task (charging fees to cover the costs of maintaining and providing access to information from the Nationwide Mortgage Licensing System and Registry). The “reasonable fees” standard, while open-ended, provides a specific, if flexible, limitation on the agency’s authority.

Relationship: authorized but not mandated
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The statute authorizes the Bureau, Farm Credit Administration, and the Nationwide Mortgage Licensing System and Registry to charge reasonable fees. It doesn’t mandate the charging of fees but permits it.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5109
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute specifically identifies the regulatory task: charging “reasonable fees to cover the costs of maintaining and providing access to information from the Nationwide Mortgage Licensing System and Registry.” While the term “reasonable” leaves room for agency discretion, it’s within a clearly defined task.

Relationship: authorized but not mandated
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The statute authorizes the Bureau, the Farm Credit Administration, and the Nationwide Mortgage Licensing System and Registry to charge fees, but it doesn’t mandate that they do so. The use of “may” indicates permissive authority rather than a requirement.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5110
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Attorney General on a regulatory task: to provide access to criminal history information for state licensing of loan originators. This is a clearly defined task, even if the triggering event (the State requiring background checks) is contingent.

Relationship: authorized but not mandated
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The statute authorizes the Attorney General to provide access to criminal history information to state officials for licensing purposes. While it mandates the Attorney General to provide access, the statute doesn’t explicitly mandate the regulation of mortgage loan originators, only supports it if the state requires background checks. The statute authorizes but doesn’t mandate the need for specific regulations.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5110
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: General Authority sword icon

The statute gives the Attorney General discretion regarding how to provide the access, even though the purpose of providing the access is quite specific. The statute doesn’t prescribe specific rules, procedures, or reporting requirements for the access. The grant of authority regarding how to facilitate this access, therefore falls under General Authority.

Relationship: authorized but not mandated
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The statute authorizes the Attorney General to provide access to criminal history information to state officials responsible for regulating loan originators. While it doesn’t explicitly mandate specific regulations, it authorizes action to support state licensing efforts, creating a relationship that is authorized but not mandated.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5111
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: General Authority sword icon

While 12 U.S.C. § 5111 specifically addresses confidentiality, it doesn’t provide explicit instructions or regulatory tasks related to the Federal Registration of Residential Mortgage Loan Originators as covered in 12 CFR Part 1007. The statute provides broad authority regarding the maintenance and confidentiality of the registry, but the regulation addresses the registration process itself, which is related to the broader goals of the SAFE Act but not a specific task delegated by this statute.

Relationship: authorized but not mandated
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12 U.S.C. § 5111 concerns the confidentiality of information within the Nationwide Mortgage Licensing System and Registry. While it doesn’t explicitly mandate specific regulations, it authorizes the Director (formerly Secretary) to establish and manage the system under section 5108, implying authority to create regulations that maintain confidentiality. The regulation, 12 CFR Part 1007, implements the SAFE Mortgage Licensing Act and, therefore, is authorized but not directly mandated by § 5111.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5106
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions on the regulatory task, namely developing and maintaining a registration system for loan originators. It further specifies what information the Bureau must furnish to the Nationwide Mortgage Licensing System and Registry, including fingerprints and personal history.

Relationship: directly mandated
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12 U.S.C. § 5106 directly mandates the Bureau to develop and maintain a system for registering employees of certain institutions as registered loan originators.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5107
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

Subsection (f)(1) specifically authorizes the Bureau to promulgate regulations related to “minimum net worth or surety bond requirements” and “minimum requirements for recovery funds.” While using terms like “minimum”, it clearly instructs on a specific regulatory task.

Relationship: authorized but not mandated
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Subsection (f) explicitly “authorizes” the Bureau to promulgate regulations, but it doesn’t mandate them. The backup licensing system in (a) (b) (c) (d) and (e) does mandate action, but that is against the states and does not concern federal regulation directly.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5107
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 5107 generally establishes a backup licensing system, subsection (f) provides a more specific directive for the Bureau to create regulations around net worth, surety bonds, and recovery funds. This focuses the rulemaking authority on clearly defined aspects of loan originator financial responsibility, thus qualifying as specific authority.

Relationship: authorized but not mandated
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Subsection (f) of the statute explicitly authorizes the Bureau to promulgate regulations regarding minimum net worth, surety bond requirements, and recovery funds for loan originators. While the statute outlines a backup system to be implemented if states don’t comply, the specific regulation authority in (f) is authorized, but not strictly mandated; the bureau “is authorized to promulgate regulations,” indicating discretion.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5108
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute provides the Director with authority to act if the existing system fails to meet the purpose of the chapter, the effective registration and regulation of loan originators. It clearly instructs the director on specific regulatory action, establishment and maintenance of a system, and gives direction for what purposes the authority is to be used for.

Relationship: authorized but not mandated
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The statute authorizes the Director to establish and maintain a mortgage licensing system if the existing Nationwide Mortgage Licensing System and Registry fails to meet the chapter’s requirements. The statute doesn’t mandate the Director to create the system unless a specific condition (failure of the existing system) is met. The regulation implements this authorized authority by establishing rules for federal registration of mortgage loan originators.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5108
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Director on a regulatory task: to establish and maintain a nationwide mortgage licensing and registry system if the current one fails. Although the trigger for this authority is the Director’s determination of failure, the task itself is explicitly defined.

Relationship: authorized but not mandated
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The statute authorizes the Director to establish and maintain a nationwide mortgage licensing and registry system, but only if the existing system is failing to meet the requirements and purposes of the chapter. This is an authorization, but not a mandate unless a specific condition (failure of the existing system) is met.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5104
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

12 U.S.C. § 5104 gives the Nationwide Mortgage Licensing System and Registry specific tasks, such as reviewing and approving pre-licensing education courses (subsection (c)(2)) and developing qualified written tests (subsection (d)(1)). The statute also outlines standards that the agency must apply when undertaking these tasks, further highlighting the specific nature of the delegation.

Relationship: directly mandated
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The regulation, 12 CFR Part 1007, explicitly cites 12 U.S.C. 5101-5116 as its authority. 12 U.S.C. § 5104 falls within this range. The statute mandates certain actions related to the licensing and registration of loan originators, and the regulation implements and expands upon those requirements.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5104
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute gives the Nationwide Mortgage Licensing System and Registry very specific tasks, such as the approval of pre-licensing education courses and the development and administration of the qualified written test for loan originators. Though broad terms are used, the specific regulatory tasks are enumerated.

Relationship: directly mandated
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The statute at 12 U.S.C. § 5104 directly mandates certain actions and standards related to state licensing and registration of loan originators, specifically tasks carried out by the Nationwide Mortgage Licensing System and Registry (NMLSR). The regulation, 12 CFR Part 1008, implements and expands on these mandates.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5105
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute provides specific direction regarding continuing education standards for state-licensed loan originators, and directs the Nationwide Mortgage Licensing System and Registry to set reasonable standards to approve courses. This is a clear instruction on a specific regulatory task.

Relationship: authorized but not mandated
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12 U.S.C. 5101-5116, cited as authority for 12 CFR Part 1007, includes 12 U.S.C. § 5105. This means the regulation is authorized by the statute. The statute outlines minimum standards, but doesn’t mandate specific regulations from a particular agency (other than specifying that the Nationwide Mortgage Licensing System and Registry approves courses) to enforce it, meaning the regulation is authorized but not mandated.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5105
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

While the statute does not use the exact language “appropriate,” “reasonable,” or “necessary,” it tasks the Nationwide Mortgage Licensing System and Registry to apply “reasonable standards” in the review and approval of courses and sets limits. The law specifies the minimum continuing education requirements, including the hours dedicated to federal law, ethics, and non-traditional mortgage products.

Relationship: authorized but not mandated
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12 U.S.C. 5101-5116 is listed as the authority for 12 CFR Part 1008. The statute authorizes the agency (in this case, the CFPB) to issue regulations related to mortgage licensing and registration, but it does not mandate every single aspect of the regulation. The agency has discretion in how it implements the broad goals of the SAFE Act.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5106
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute provides clear instructions regarding the registration of loan originators, including specific requirements like furnishing fingerprints and personal history. While some discretion exists, the agency is clearly instructed on a specific regulatory task.

Relationship: directly mandated
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The statute (12 U.S.C. § 5106) directly mandates the Bureau (formerly Federal Banking Agencies) to develop and maintain a system for registering loan originators. The regulation (12 CFR Part 1007) implements this mandate by establishing the procedures and requirements for this registration system.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5101
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

While the statute encourages states to establish the NMLS, the existence of 12 CFR Part 1008, along with the citation of 12 U.S.C. 5101-5116 as its authority, suggests that the statute (specifically sections beyond 5101) likely contains provisions that delegate specific regulatory tasks related to the NMLS to a federal agency, even if the primary encouragement is directed at the states. The regulation then implements and interprets those delegated powers.

Relationship: directly mandated
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12 U.S.C. 5101-5116 is listed under the “Authority” section for 12 CFR Part 1008. This indicates that the regulation is directly mandated by the statute.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5102
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

While the statute primarily defines terms, it also references Section 5107 and 5108 of Title 12 which grant authority to the Director to establish licensing requirements and registration systems. The regulation, 12 CFR Part 1007, details the specific requirements for registration of loan originators which falls under specific authority delegations.

Relationship: directly mandated
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12 U.S.C. 5102 defines terms used in the chapter, which provides the basis for the regulations in 12 CFR Part 1007. The regulation implements provisions of the SAFE Mortgage Licensing Act, directly stemming from the definitions in the statute. The “Authority” section of the regulation also explicitly cites 12 U.S.C. 5101-5116.

Regulation: 12 CFR Part 1008
Authorizing Statute: 12 U.S. Code § 5102
Agency: Consumer Financial Protection Bureau
Restrictions: 132
Delegation Category: Specific Authority checkmark icon

The statute specifically defines terms like “loan originator”, “residential mortgage loan”, and “unique identifier.” These definitions are then used to guide the implementation of the S.A.F.E. Act, as indicated in the regulation’s authority citation (12 U.S.C. 5101-5116), which provides explicit instructions on how to regulate mortgage loan origination.

Relationship: directly mandated
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12 U.S.C. 5102 defines terms used throughout the chapter, which provides the foundation for the S.A.F.E. Mortgage Licensing Act regulations. The definitions directly inform the application and enforcement of the regulations.

Regulation: 12 CFR Part 1007
Authorizing Statute: 12 U.S. Code § 5103
Agency: Consumer Financial Protection Bureau
Restrictions: 67
Delegation Category: Specific Authority checkmark icon

The statute specifically addresses the licensing and registration of loan originators, defining who needs to be registered or licensed (e.g., loan processors and underwriters in certain circumstances) and requiring a unique identifier. The regulation operationalizes these specific requirements, indicating a specific delegation of authority. The statute directs the regulation.

Relationship: directly mandated
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The statute, 12 U.S.C. § 5103, explicitly requires loan originators to register and obtain a unique identifier, contingent on the existence of a licensing or registration regime. The regulation, 12 CFR Part 1007, directly implements this mandate by establishing procedures for federal registration of residential mortgage loan originators. The regulation directly carries out the requirements of the statute.

Found 56,371 results