Ariz. Admin. Code § R20-4-1801 - Exemption for an Entity Regulated by an Agency of This State, Other States, or by the United States
A. The
exemption under A.R.S. §
6-942(A)(1) only applies to a person whose offers to
make or negotiate a "mortgage banking loan" or a "mortgage loan," as those
terms are defined in A.R.S. §
6-941, and all
mortgage banking loans and mortgage loans made or negotiated by the person are
regulated directly by an agency of this state, any other state, or the United
States.
B. The required regulation
of the transactions listed in subsection (A) includes:
1. Rules governing a claimant's accounting
and recordkeeping practices;
2. The
authority to examine a claimant's books and records relating to its mortgage
banking activities or mortgage lending activities, or both; and
3. The ability to place a claimant in a
receivership or conservatorship with regard to the claimant's mortgage banking
activities, mortgage lending activities, or both.
Notes
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