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RULE §81.300Examinations

(a) The Commissioner, or the Commissioner's designee(s), will conduct periodic examinations of an originator as the Commissioner deems necessary.

(b) Notice of Examination. Except when the Department determines that giving advance notice would impair the examination, the Department will give the primary contact person of the mortgage banker or mortgage company sponsoring the originator listed in NMLS or a person designated by the primary contact person advance notice of each examination. Such notice will be sent to the primary contact person's or designated person's mailing address or email address of record with NMLS and will specify the date on which the Department's examiners are scheduled to begin the examination. Failure to actually receive the notice will not be grounds for delay or postponement of the examination. The notice will include a list of the documents and records that must be produced or made available to facilitate the examination.

(c) Examinations will be conducted to determine compliance with Finance Code, Chapters 157 and 180, and this chapter, and will specifically address whether:

  (1) all persons conducting residential mortgage loan origination activities are properly licensed and sponsored;

  (2) all office locations are properly licensed or registered, as provided by §80.206 (relating to Physical Office) and §81.206 of this title (relating to Office Locations; Remote Work);

  (3) all required books and records are being maintained in accordance with §80.204 of this title;

  (4) legal and regulatory requirements applicable to the originator and the mortgage banker or mortgage company sponsoring the originator are being properly followed; and

  (5) other matters as the Commissioner may deem necessary or advisable to carry out the purposes of Finance Code, Chapters 157 and 180.

(d) The examiners will review a sample of residential mortgage loan files identified by the examiners and randomly selected from the originator's mortgage transaction log. The examiner may expand the number of files to be reviewed if, in his or her discretion, conditions warrant.

(e) The examiners may require an originator, at his or her own cost, to make copies of loan files or such other books and records as the examiners deem appropriate for the preparation of or inclusion in the examination report.

(f) Confidentiality. The work papers, compilations, findings, reports, summaries, and other materials, in whatever form, relating to an examination conducted under this section, will be maintained as confidential except as required or expressly permitted by law.

(g) Failure to Cooperate; Disciplinary Action. Failure by an originator to cooperate with the examination or failure to grant the examiners access to books, records, documents, operations, and facilities may result in disciplinary action including, but not limited to, imposition of an administrative penalty.

(h) Reimbursement for Costs. When the Department must travel outside of Texas to conduct an examination of an originator because the required records are maintained at a location outside of Texas, the Department will require reimbursement for the actual costs incurred by the Department in connection with such travel including, but not limited to, transportation, lodging, meals, communications, courier service and any other reasonably related costs.

Source Note: The provisions of this §81.300 adopted to be effective July 5, 2012, 37 TexReg 4873; amended to be effective January 3, 2021, 46 TexReg 157; amended to be effective November 4, 2021, 46 TexReg 7389

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