535D.14 Surety bond required or recovery fund.
1. a. A mortgage loan originator shall be covered by a surety bond in accordance with this section unless the superintendent establishes a recovery fund pursuant to subsection 4 into which the mortgage loan originator makes payments. In the event that the mortgage loan originator is an employee or exclusive agent of a person subject to chapter 535B, 536, or 536A, the surety bond of such person can be used in lieu of the mortgage loan originator’s surety bond requirement.
b. The surety bond shall provide coverage for each mortgage loan originator in an amount as prescribed in subsection 2. The surety bond shall be in a form as prescribed by the superintendent. The superintendent may, pursuant to rule, determine requirements for such surety bonds as are necessary to accomplish the purposes of this chapter.
2. The bond shall be maintained in an amount that reflects the dollar value of loans originated as determined by the superintendent.
3. When an action is commenced on a licensee’s bond the superintendent may require the filing of a new bond. Immediately upon recovery upon any action on the bond the licensee shall file a new bond.
4. If the superintendent determines it is not feasible to establish surety bonding requirements that reflect the dollar amount of loans originated by a mortgage loan originator, as provided in subsection 1508(d)(6) of the federal Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289, the superintendent may establish by rule a recovery fund to be paid into by mortgage loan originators. The rules shall provide for the amounts to be paid into the fund by mortgage loan originators. In the event the superintendent establishes a recovery fund, the fund shall be established as a separate fund in the state treasury. Moneys deposited in the fund shall be administered by the superintendent and used for the purposes of compensating members of the public for losses caused by licensees. In addition, the superintendent may use moneys from the fund for the purpose of investigating and prosecuting violations of this chapter or any other state or federal law, rule, or regulation applicable to the conduct of a licensee’s business. Notwithstanding section 12C.7, interest earned on amounts deposited in the fund, if established, shall be credited to the fund. Any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.
2009 Acts, ch 61, §15, 25
Referred to in §535D.6
Structure Iowa Code
Chapter 535D - MORTGAGE LICENSING ACT
Section 535D.2 - Legislative findings and purpose.
Section 535D.4 - License and registration required.
Section 535D.5 - License and registration — application and issuance.
Section 535D.6 - Conditions of licensure.
Section 535D.7 - Prelicensing education of loan originators.
Section 535D.8 - Test requirements.
Section 535D.9 - Standards for license renewal and nonrenewal.
Section 535D.10 - Continuing education.
Section 535D.11 - Duties and powers of superintendent.
Section 535D.12 - Nationwide mortgage licensing system and registry information — challenge process.
Section 535D.13 - Disciplinary action and civil enforcement authority.
Section 535D.14 - Surety bond required or recovery fund.
Section 535D.15 - Confidentiality.
Section 535D.16 - Investigation and examination authority.
Section 535D.17 - Prohibited acts and practices.
Section 535D.18 - Report to nationwide mortgage licensing system and registry.
Section 535D.19 - Unique identifier shown.
Section 535D.20 - Operating without a license — penalty.
Section 535D.21 - Administrative authority.
Section 535D.22 - Compliance with federal law.
Section 535D.23 - Reports of condition required — exceptions.