Sec. 316. Civil and criminal liability
351 words·~2 min read·
/bill/113/hr/2767/ih/section-316·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as expressly authorized by statute of the United States, no person or organization (except the Repository, Utility, and Platform) shall use the term National Mortgage Market Utility , Common Securitization Platform , or National Mortgage Data Repository , or such other name as the Director may establish in the charter of the Utility or any combination of words that appears to indicate that such use of the term conflicts with the operation of the Utility or any function created herein.
No individual or organization shall use or display— any sign, device, or insignia prescribed or approved by the Utility for use of display by the Utility; any copy, reproduction or colorable imitation of any such sign, device, or insignia; or any sign, device or insignia reasonably calculated to convey the impression that it is a sign, device or insignia used by the Utility or prescribed by the Utility contrary to policies or procedures of the Utility prohibiting, limiting or restricting such use by any individual or organization.
The Agency or Utility may seek to enjoin or recover damages for any breach of this section and refer to the Attorney General any matters that may constitute criminal activity for a breach of this section. Except as expressly authorized by statute of the United States, no person or organization (except the Utility) shall operate a national registry or repository of mortgage-related documents. Any State of the United States may operate a State registry or repository system, subject to the laws of that State, provided that any such State registry or repository system does not conflict with the Repository or the purposes of this subtitle.
In any action for breach of contract, including breach of representation or warranty, or breach of privacy related to data collected and maintained by the Repository, no prevailing party may recover more than an amount established by the Director, by regulation. When issuing any such regulation, the Director shall take into consideration intentional, willful, reckless, or negligent actions or omissions. Such regulations shall be reviewed not less frequently than annually, and may be revised in the Director’s discretion.