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Title 12 — Banks and Banking

Chapter 51 — Secure and Fair Enforcement for Mortgage Licensing

§ 5112. Liability provisions

Statutory text

The Bureau, any State official or agency, or any organization serving as the administrator of the Nationwide Mortgage Licensing System and Registry or a system established by the Director under section 5108 of this title, or any officer or employee of any such entity, shall not be subject to any civil action or proceeding for monetary damages by reason of the good faith action or omission of any officer or employee of any such entity, while acting within the scope of office or employment, relating to the collection, furnishing, or dissemination of information concerning persons who—

(1)

have applied, are applying, or are licensed or registered through the Nationwide Mortgage Licensing System and Registry; and

(2)

work in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Secure and Fair Enforcement for Mortgage Licensing Act of 2008

    Pub. L. 110–289 div. A title V § 1513 · 122 Stat. 2654

    Enacted · 12 U.S.C. § 5112

    Pub. L. 110–289, div. A, title V, § 1513, as added Pub. L. 111–203, title X, § 1100(8), July 21, 2010, 124 Stat. 2107

    Source evidence

    Code source credit
    Pub. L. 110–289, div. A, title V, § 1513, as added Pub. L. 111–203, title X, § 1100(8), July 21, 2010, 124 Stat. 2107

    Enacted provision · exact public law section
    SEC. 1513. LIABILITY PROVISIONS.   The Secretary, any State official or agency, any Federal banking agency, or any organization serving as the administrator of the Nationwide Mortgage Licensing System and Registry or a system established by the Secretary under section 1509, or any officer or employee of any such entity, shall not be subject to any civil action or proceeding for monetary damages by reason of the good faith action or omission of any officer or employee of any such entity, while acting within the scope of office or employment, relating to the collection, furnishing, or dissemination of information concerning persons who are loan originators or are applying for licensing or registration as loan originators.

  2. Economic Growth, Regulatory Relief, and Consumer Protection Act

    Pub. L. 115–174 title I § 106(c) · 132 Stat. 1296

    1. Substituted · 12 U.S.C. § 5112

      Pub. L. 115–174 substituted “persons who—” for “persons who are loan originators or are applying for licensing or registration as loan originators.”

    2. Added · 12 U.S.C. § 5112

      Pub. L. 115–174 added pars. (1) and (2)

    Source evidence

    Code amendment note
    Pub. L. 115–174 substituted “persons who—” for “persons who are loan originators or are applying for licensing or registration as loan originators.” and added pars. (1) and (2).

    Enacted provision · exact public law section
    (c) Civil Liability.— Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5112) is amended by striking “persons who are loan originators or are applying for licensing or registration as loan originators.” and inserting “persons who— “(1) have applied, are applying, or are licensed or registered through the Nationwide Mortgage Licensing System and Registry; and “(2) work in an industry with respect to which persons were licensed or registered through the Nationwide Mortgage Licensing System and Registry on the date of enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act.” .

    Effective date note
    Pub. L. 115–174, title I, § 106(d), May 24, 2018, 132 Stat. 1304, provided that: “This section [enacting section 5117 of this title and amending this section] and the amendments made by this section shall take effect on the date that is 18 months after the date of enactment of this Act [May 24, 2018].”

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 5112, Pub. L. 110–289, div. A, title V, § 1513, , 122 Stat. 2820, which barred liability for good faith actions or omissions by certain entities’ officers or employees, was repealed by Pub. L. 111–203, title X, § 1100(8), , 124 Stat. 2107.

Amendments

2018—Pub. L. 115–174 substituted “persons who—” for “persons who are loan originators or are applying for licensing or registration as loan originators.” and added pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–174, title I, § 106(d), , 132 Stat. 1304, provided that: “This section [enacting section 5117 of this title and amending this section] and the amendments made by this section shall take effect on the date that is 18 months after the date of enactment of this Act [].”

Effective Date

Section effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as an Effective Date of 2010 Amendment note under section 552a of Title 5, Government Organization and Employees.

Credits

2010–2018 · 2 acts
  1. 2010Pub. L. 110–289, div. A, title V, § 1513, as added Pub. L. 111–203, title X, § 1100(8), , 124 Stat. 2107
  2. 2018amended Pub. L. 115–174, title I, § 106(c), , 132 Stat. 1304.
Show as published

(Pub. L. 110–289, div. A, title V, § 1513, as added Pub. L. 111–203, title X, § 1100(8), , 124 Stat. 2107; amended Pub. L. 115–174, title I, § 106(c), , 132 Stat. 1304.)

Parsed from the official OLRC USLM XML in data/usc_all/usc12.xml · release point 119-108 · OLRC build 2026-07-23

USLM identifier /us/usc/t12/s5112