For the purposes of this chapter, the term: (1) “Banking Board” means the Banking Board of the United States Virgin Islands as established by title 3 Virgin Islands Code, section 42. (2) “Borrower” means a person who submits an application for a loan secured by a first or subordinate mortgage or deed of trust on […]
The provisions of this chapter do not apply to: (1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of the United States, any state or territory of the United States, or the Virgin Islands, and any other financial institution incorporated or chartered under the […]
(a) No person may engage in business as a mortgage lender or mortgage broker, or both, or hold himself out to the public to be a mortgage lender or mortgage broker unless such person has first obtained a license under this chapter. (b) To qualify for a license, an applicant must satisfy the Banking Board […]
(a) When an applicant for a license files the application and bond and pays the fees required by this chapter, the Banking Board shall investigate to determine if the applicant meets the requirements of this chapter. The Banking Board shall make such investigations as necessary to determine if the applicant has complied with all applicable […]
(a) Except as provided in this section, no person may acquire directly or indirectly 25% or more of the voting shares of a corporation or 25% of the ownership of any other entity licensed to conduct business under this chapter unless such person first: (1) files an application with the Banking Board in such form […]
(a) (1) If an applicant does not meet the requirements of section 363 of this chapter, the Banking Board shall: (A) immediately notify the applicant in writing of this fact; (B) return the bond filed; and (C) refund the license fee. (2) The Banking Board shall keep the investigation fee and application fee. (b) Within […]
(a) A license expires an December 31 after its effective date, unless the license is renewed for a one year term as provided in this section. (b) Before a license expires, the licensee periodically may renew the license for additional one year terms, if the licensee; (1) otherwise is entitled to be licensed; (2) submits […]
(a) A licensee may not change the place of business for which a license is issued, unless the licensee: (1) notifies the Banking Board in writing of the proposed change; and (2) receives the written consent of the Banking Board. (b) The application for a change of place of business shall be approved, unless the […]
(a) Each licensee shall keep and make available to the Banking Board at the licensee’s place of business any books and records that the Banking Board, by regulation requires to enable the Banking Board to enforce this chapter and any regulation adopted under this chapter. (b) Each mortgage lender required to be licensed under this […]
(a) Each mortgage lender or mortgage broker required to be licensed under this chapter shall annually, on or before March 31, file a written report with the Banking Board containing such information as the Banking Board may require concerning the licensee’s operations during the preceding calendar year as to each licensed place of business. Reports […]
(a) A licensee may surrender a license by sending to the Banking Board the license and a written statement that the license is surrendered. (b) The surrender of a license does not affect any civil or criminal liability of a licensee for acts committed before the license was surrendered.
(a) The Banking Board or its designated agent shall examine the affairs, business, premises, and records of each licensee at least once in every three year period and at any other time the Banking Board reasonably considers necessary. (b) (1) Any person aggrieved by the conduct of a licensee under this chapter in connection with […]
(a) (1) A licensee who offers to make or procure a loan secured by a first or subordinate mortgage on a single to four-family home to be occupied by the borrower shall provide the borrower with a financing agreement executed by the lender. (2) The financing agreement shall provide: (A) The term and principal amount […]
(a) No mortgage lender or mortgage broker required to be licensed under this chapter may: (1) obtain any agreement or instrument in which blanks are left to be filled in after execution; (2) take an interest in collateral other than the real estate or residential property, including fixtures and appliances thereon, securing a mortgage loan; […]
(a) All moneys required by a mortgage lender to be paid by borrowers in escrow to defray future taxes or insurance premiums, or for other lawful purposes, must be kept in accounts segregated from accounts of the mortgage lender, and shall not be commingled with other funds of the mortgage lender. (b) No licensed mortgage […]
No mortgage lender or mortgage broker required to be licensed under this chapter may use, or cause to be published, any advertisement which: (1) contains any false, misleading, or deceptive statement or representation; or (2) identifies the lender or broker by any name other than the name set forth on the license issued by the […]
(a) If the Banking Board finds that the conduct of any other business conceals a violation or evasion of this chapter, any rule or regulation adopted under this chapter, or any law regulating mortgage loan lending in the Virgin Islands, the Banking Board may issue a written order to a licensee to: (1) stop doing […]
(a) The Banking Board may suspend or revoke the license of any licensee, if the licensee or any owner, director, officer, member, partner, stockholder, employee, or agent of the licensee, while acting on behalf of the licensee: (1) makes any material misstatement in an application for a license; (2) has been convicted of any crime […]
(a) Before the Banking Board takes any action under section 377 or section 378 of this chapter, the Banking Board shall give the licensee an opportunity for a hearing. (b) The hearing notice to the licensee must be sent by certified mail, return receipt requested, to the principal place of business of the licensee at […]
A mortgage lender or mortgage broker may not do business under any trade name that misrepresents or tends to misrepresent that the mortgage lender is: (1) a bank, trust company, or savings bank; (2) a savings and loan association; (3) a credit union; or (4) an insurance company.
