13-10-15. Confidentiality.
378 words·~2 min read·
/nd/title-13/chapter-13-10-mortgage-loan-originators/13-10-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To promote more effective regulation and reduce regulatory burden through supervisory information sharing:
1. Except as otherwise provided in Public Law 110-289, section 1512, the requirements
under any federal law or chapter 44-04 regarding the privacy or confidentiality of any
information or material provided to the nationwide mortgage licensing system and
registry, and any privilege arising under federal or state law, including the rules of any
federal or state court, with respect to such information or material, continue to apply to
such information or material after the information or material has been disclosed to the
nationwide mortgage licensing system and registry. Such information and material may
be shared with all state and federal regulatory officials with mortgage industry
oversight authority without the loss of privilege or the loss of confidentiality protections
provided by federal law or chapter 44-04.
2. For these purposes, the commissioner may enter agreements or sharing
arrangements with other governmental agencies, the conference of state bank
supervisors, the American association of residential mortgage regulators, or other
associations representing governmental agencies as established by rule, regulation, or
order of the commissioner.
3. Information or material that is subject to a privilege or confidentiality under
subsection 1 is not subject to:
a. Disclosure under any federal or state law governing the disclosure to the public of
information held by an officer or an agency of the federal government or the
respective state; or
b. Subpoena or discovery, or admission into evidence, in any private civil action or
administrative process, unless with respect to any privilege held by the
nationwide mortgage licensing system and registry with respect to such
information or material, the person to whom such information or material pertains
waives, in whole or in part, in the discretion of such person, that privilege.
4. Application of chapter 44-04 relating to the disclosure of confidential supervisory
information or any information or material described in subsection 1 which is
inconsistent with subsection 1 shall be superseded by the requirements of this section.
5. This section does not apply with respect to the information or material relating to the
employment history of, and publicly adjudicated disciplinary and enforcement actions
against, mortgage loan originators that is included in the nationwide mortgage
licensing system and registry for access by the public.