(a) Within 30 days after receiving a copy of a fund claim under AS 06.60.600, a mortgage loan originator licensee against whom a claim is made may elect to defend the fund claim as a small claims action in district court under District Court Rules of Civil Procedure if the claim does not exceed the small claims jurisdictional limit.
(b) A mortgage loan originator licensee who elects under (a) of this section to defend a fund claim in district court under the small claims rules may not revoke the election without the consent of the person who filed the fund claim.
(c) On receipt of a valid written election under (a) of this section, the department shall dismiss the fund claim filed with the department and notify the person who filed the fund claim that the person who filed the fund claim must bring a small claims action in the appropriate district court.
Structure Alaska Statutes
Title 6. Banks and Financial Institutions
Chapter 60. Mortgage Licensing
Article 7. Originator Surety Fund.
Sec. 06.60.500. Mortgage loan originator surety fund.
Sec. 06.60.510. Composition of fund.
Sec. 06.60.550. Required fund fees.
Sec. 06.60.560. Claim for reimbursement.
Sec. 06.60.570. Submission of fund claim.
Sec. 06.60.580. Form and contents of fund claim.
Sec. 06.60.590. Claim hearing.
Sec. 06.60.600. Filing and distribution of claim.
Sec. 06.60.610. Election to use small claims court.
Sec. 06.60.630. Department contracts.
Sec. 06.60.640. Defense of claim.
Sec. 06.60.650. Standard of proof.
Sec. 06.60.670. Nonapplication.
Sec. 06.60.680. Findings and payment.
Sec. 06.60.690. Fund operations.
Sec. 06.60.700. Payment of small claims judgment.
Sec. 06.60.710. Maximum liability.
Sec. 06.60.715. Other rights of claimant.
Sec. 06.60.720. Order of fund claim payment.
Sec. 06.60.730. False claims or documents.
Sec. 06.60.740. Right to subrogation.
Sec. 06.60.745. Reimbursement for expenses.
Sec. 06.60.750. Disciplinary action against a mortgage loan originator licensee.