Kan. Admin. Regs. § 75-6-38 - Record retention
(a) In any
loan, lease, or credit sale not secured by an interest in real estate, the
licensee or any person required to file notification with the administrator
pursuant to K.S.A. 16a-6-202, and amendments thereto, shall retain the
following:
(1) The following documents, as
applicable, in any transaction closed in the name of the licensee or person
filing notification, for at least 36 months following the closing date or, if
the transaction is not closed, the application date:
(A) The application;
(B) the contract and any addendum or
rider;
(C) the final
truth-in-lending disclosure statement, including an itemization of the amount
financed and an itemization of any prepaid finance charges, or consumer lease
disclosures;
(D) any written
agreements with the borrower that describe rates or fees;
(E) any documentation that aided the licensee
or person in making a credit decision, including a credit report, verification
of employment, verification of income, bank statements, payroll records, and
tax returns;
(F) all paid invoices
for credit report, filing, and any other closing costs;
(G) any credit insurance requests and
insurance certificates;
(H) the
assignment of the contract;
(I)
phone log or any correspondence with associated notes detailing each contact
with the consumer;
(J) all other
agreements for products or services charged in connection with each transaction
by the licensee, person filing notification, or third party, including
guaranteed asset protection (GAP) and warranties; and
(K) any other disclosures or statements
required by law; and
(2)
the following documents, as applicable, in any transaction in which the
licensee or person filing notification owns the account and directly or
indirectly undertakes collection of payments or enforcement of rights against
debtors, for at least 36 months after the final entry to each account:
(A) A complete payment history, including the
following:
(i) An explanation of transaction
codes, if used;
(ii) the principal
balance;
(iii) the payment
amount;
(iv) the payment
date;
(v) the distribution of the
payment amount to interest, principal, and late fees or other fees;
and
(vi) any other amounts that
have been added to, or deducted from, a consumer's account;
(B) any other statements,
disclosures, invoices, or information for each account, including the
following:
(i) Documentation supporting any
amounts added to a consumer's account or evidence that a service was actually
performed in connection with these amounts, or both, including costs of
collection, attorney's fees, skip tracing, retaking, or repossession
fees;
(ii) loan modification
agreements;
(iii) forbearance or
any other repayment agreements;
(iv) subordination agreements;
(v) surplus or deficiency balance
statements;
(vi) default-related
correspondence or documents;
(vii)
evidence of sale of repossessed collateral;
(viii) the notice of the consumer's right to
cure;
(ix) property insurance
advance disclosure;
(x)
force-placed property insurance;
(xi) notice and evidence of credit insurance
premium refunds;
(xii) deferred
interest;
(xiii) suspense
accounts;
(xiv) phone log or any
correspondence with associated notes detailing each contact between the
servicer and the consumer; and
(xv)
any other product or service agreements; and
(C) documents related to the general
servicing activities of the licensee, including the following:
(i) Historical records for all adjustable
rate indices used;
(ii) a log of
all accounts sold, transferred, or assigned that details to whom the accounts
were sold, transferred, or assigned;
(iii) a log of all accounts in which
repossession activity has been initiated;
(iv) a log of all credit insurance claims and
accounts paid by credit insurance; and
(v) a schedule of servicing fees and charges
imposed by the licensee or a third party.
(b) In any loan secured by an
interest in real estate, the licensee shall retain the following:
(1) The following documents, as applicable,
in any mortgage loan in which the licensee does not close the transaction in
the licensee's name, for at least 36 months following the closing date or, if
the transaction is not closed, the application date:
(A) The application;
(B) the good faith estimate;
(C) the early truth-in-lending disclosure
statement;
(D) any written
agreements with the borrower that describe rates, fees, broker compensation,
and any other similar fees;
(E) an
appraisal performed by a Kansas-licensed or Kansas-certified appraiser
completed within 12 months before the loan closing date, the total appraised
value of the real estate as reflected in the most recent records of the tax
assessor of the county in which the real estate is located, or, for a
nonpurchase money real estate transaction, the estimated market value as
determined through an automated valuation model, pursuant to K.S.A.
16a-1-301(6) and amendments thereto, acceptable to the administrator;
(F) the adjustable rate mortgage (ARM)
disclosure;
(G) the home equity
line of credit (HELOC) disclosure statement;
(H) the affiliated business arrangement
disclosure;
(I) evidence that the
special information booklet, consumer handbook on adjustable rate mortgages,
home equity brochure, reverse mortgage booklet, or any suitable substitute was
delivered in a timely manner;
(J)
the certificate of counseling for home equity conversion mortgages
(HECMs);
(K) the loan cost
disclosure statement for HECMs;
(L)
the notice to the borrower for HECMs;
(M) phone log or any correspondence with
associated notes detailing each contact with the consumer;
(N) any documentation that aided the licensee
in making a credit decision, including a credit report, title work,
verification of employment, verification of income, bank statements, payroll
records, and tax returns;
(O) the
settlement statement; and
(P) all
paid invoices for appraisal, title work, credit report, and any other closing
costs;
(2) the following
documents, as applicable, in any transaction in which the licensee provides any
money to fund the loan or closes the mortgage loan in the licensee's name, for
at least 36 months from the closing date of the transaction:
(A) The high loan-to-value notice required by
K.S.A. 16a-3-207 and amendments thereto;
(B) the final truth-in-lending disclosure
statement, including an itemization of the amount financed and an itemization
of any prepaid finance charges;
(C)
any credit insurance requests and insurance certificates;
(D) the note and any other applicable
contract addendum or rider;
(E) a
copy of the filed mortgage or deed;
(F) a copy of the title policy or
search;
(G) the assignment of the
mortgage and note;
(H) the initial
escrow account statement or escrow account waiver;
(I) the notice of the right to rescind or
waiver of the right to rescind;
(J)
the special home ownership and equity protection act disclosures required by
regulation Z in 12 CFR 226.32 (c) and 226.34(a)(2), if applicable;
(K) the mortgage servicing disclosure
statement and applicant acknowledgement;
(L) the notice of transfer of mortgage
servicing;
(M) any interest rate
lock-in agreement or float agreement; and
(N) any other disclosures or statements
required by law; and
(3)
the following documents, as applicable, in any mortgage transaction in which
the licensee owns the mortgage loan or the servicing rights of the mortgage
loan and directly or indirectly undertakes collection of payments or
enforcement of rights against debtors, for at least 36 months from the final
entry to each account:
(A) A complete payment
history, including the following:
(i) An
explanation of transaction codes, if used;
(ii) the principal balance;
(iii) the payment amount;
(iv) the payment date;
(v) the distribution of the payment amount to
interest, principal, late fees or other fees, and escrow; and
(vi) any other amounts that have been added
to, or deducted from, a consumer's account;
(B) any other statements, disclosures,
invoices, or information for each account, including the following:
(i) Documentation supporting any amounts
added to a consumer's account or evidence that a service was actually performed
in connection with these amounts, including costs of collection, attorney's
fees, property inspections, property preservations, and broker price
opinions;
(ii) annual escrow
account statements and related escrow account analyses;
(iii) notice of shortage or deficiency in
escrow account;
(iv) loan
modification agreements;
(v)
forbearance or any other repayment agreements;
(vi) subordination agreements;
(vii) foreclosure notices;
(viii) evidence of sale of foreclosed
homes;
(ix) surplus or deficiency
balance statements;
(x)
default-related correspondence or documents;
(xi) the notice of the consumer's right to
cure;
(xii) property insurance
advance disclosure;
(xiii)
force-placed property insurance;
(xiv) notice and evidence of credit insurance
premium refunds;
(xv) deferred
interest;
(xvi) suspense
accounts;
(xvii) phone log or any
correspondence with associated notes detailing each contact between the
servicer and the consumer; and
(xviii) any other product or service
agreements; and
(C)
documents related to the general servicing activities of the licensee,
including the following:
(i) Historical
records for all adjustable rate mortgage indices used;
(ii) a log of all accounts sold, transferred,
or assigned that details to whom the accounts were sold, transferred, or
assigned;
(iii) a log of all
accounts in which foreclosure activity has been initiated;
(iv) a log of all credit insurance claims and
accounts paid by credit insurance; and
(v) a schedule of servicing fees and charges
imposed by the licensee or a third party.
(c) In addition to
meeting the requirements specified in subsections (a) and (b), each licensee or
person filing notification shall retain for at least the previous 36 months the
documents related to the general business activities of the licensee or person
filing notification, which shall include the following:
(1) Advertising records, including copies of
printed advertisements or solicitations and those by internet or other
electronic means;
(2) the business
account check ledger or register;
(3) all financial statements, balance sheets,
or statements of condition;
(4) a
detailed list of all transactions originated, closed, purchased, or serviced;
and
(5) a schedule of the
licensee's fees and charges.
Notes
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