| (D) all written complaints or inquiries (or summaries
of any verbal complaints or inquiries) along with any correspondence,
notes, responses, and documentation relating thereto and the disposition
thereof;
(E) all contractual agreements or understandings with
third parties in any way relating to a residential mortgage loan transaction
including, but not limited to, any delegations of underwriting authority,
any agreements for pricing of goods or services, investor contracts,
or employment agreements;
(F) all reports of audits, examinations, inspections,
reviews, investigations, or similar, performed by any third party,
including any regulatory or supervisory authorities;
(G) all advertisements in the medium (e.g., recorded
audio, video, Internet or social media site posting, or print) in
which they were published or distributed; and
(H) policies and procedures related to the origination
of residential mortgage loans by the mortgage company and its sponsored
originators, including, but not limited to:
(i) identity theft prevention program (red flags rule;
16 C.F.R. §681.1(d));
(ii) anti-money laundering program (31 C.F.R. §1029.210);
(iii) information security program (16 C.F.R. §314.3(a));
(iv) ability-to-repay underwriting policies, if any
(Regulation Z, 12 C.F.R. §1026.43(c));
(v) quality control policy, if any;
(vi) compliance manual, if any; and
(vii) personnel administration/employee policies, if
any;
(4) Other Records Required by Federal Law. A mortgage
company must maintain such other books and records as may be required
to evidence compliance with applicable federal laws and regulations,
including, but not limited to:
(A) the Fair Credit Reporting Act (15 U.S.C. §1681
et seq.) and Regulation V (12 C.F.R. §1022.1 et seq.);
(B) the Gramm-Leach-Bliley Act (15 U.S.C. §6801
et seq.) and Regulation P (12 C.F.R. §1016.1 et seq.), and the
regulations of the Federal Trade Commission (16 C.F.R. §313.1
et seq.);
(C) the Secure and Fair Enforcement for Mortgage Licensing
Act (12 U.S.C. §5101 et seq.) and Regulation H (12 C.F.R. §1008.1
et seq.); and
(D) Regulation N (Mortgage Acts and Practices-Advertising
(MAP Rule); 12 C.F.R. §1014.1 et seq.);
(5) Other Records Designated by the Commissioner. A
mortgage company must maintain such other books and records as the
Commissioner or the Commissioner's designee may, from time to time,
specify in writing;
(6) Records Concerning Administrative Offices. A mortgage
company must maintain a list reflecting any office constituting an "administrative
office" of the mortgage company for purposes of §80.206
of this title (relating to Office Locations; Remote Work); and
(7) Records Concerning Remote Work. A mortgage company
must maintain records reflecting its compliance with the requirements
for remote work, as provided by §80.206 of this title (relating
to Office Locations; Remote Work).
(c) Records Retention After Terminating Operations.
Within 10 days of termination operations, a mortgage company must
provide the Department with written notice of where the records required
by this section will be maintained for the prescribed period. If such
records are transferred to another mortgage company licensed by the
Department, the transferee must provide the Department with written
notice within 10 days after receiving such records.
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