§ 59-2095.16. Trust account.

A.  A mortgage broker or mortgage loan originator shall deposit, prior to the end of the next business day, all monies received from borrowers for third-party provider services in a trust account of a federally insured financial institution.  The trust account shall be designated and maintained for the benefit of borrowers.  Monies maintained in the trust account shall be exempt from execution, attachment, or garnishment.  A mortgage broker or mortgage loan originator shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds.

B.  Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third-party provider or for refunds to borrowers.  Any interest earned on the trust account shall be refunded or credited to the borrowers at closing.  Any monies remaining in the trust account after payment to third-party providers shall be refunded to the borrower.

C.  The mortgage broker or mortgage loan originator shall pay third-party providers no later than thirty (30) days after completion of the third-party service.

D.  A mortgage broker or mortgage loan originator shall maintain accurate, current, and readily available records of the trust account until at least three (3) years have elapsed following the effective period to which the records relate.  The records shall be subject to audit by the Administrator of Consumer Credit pursuant to an examination or investigation.

E.  The provisions of this section shall not apply to a depository institution as defined in Section 2095.2 of this title, its subsidiaries and affiliates or any employee or exclusive agent thereof.

Added by Laws 2009, c. 190, § 19, eff. July 1, 2009.  Amended by Laws 2010, c. 415, § 29, eff. July 1, 2010.