North Carolina § 53-244 - 120. Confidentiality of information.

§ 53-244. 120. Confidentiality of information.

Notwithstanding any State law to the contrary, the Commissioner shall report enforcement actions under this Article and may report other relevant information to the Nationwide Mortgage Licensing System and Registry. The Commissioner is authorized to 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 and may share otherwise confidential information pursuant to these written agreements. The requirements of G.S. 53C-2-7 regarding the privacy or confidentiality of any information or material provided under subsections (a) and (b) of this section, and any privilege arising under any other federal or State law with respect to such information or material, shall continue to apply to the information or material after it has been disclosed to an entity described in subsection (a) or (b) of this section. Information or material held by such an entity shall not be subject to disclosure under any State law governing the disclosure to the public of information held by an officer or agency of the State. The entities described in subsections (a) and (b) of this section may share information and material 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 State or federal law. Any provision of Chapter 132 of the General Statutes relating to the disclosure of confidential supervisory information or of any information or material described in subsection (a) of this section that is inconsistent with this section shall be superseded by the requirements of this section. The confidentiality provisions contained in subsection (c) of this section shall not apply with respect to the information or material relating to the employment history of and publicly adjudicated disciplinary and enforcement actions against mortgage lenders, mortgage brokers, mortgage servicers, mortgage loan originators, transitional mortgage loan originators, or registrants that are included in the Nationwide Mortgage Licensing System and Registry for access by the public. History (2009-374, s. 2; 2012-56, s. 24; 2013-327, s. 16; 2015-293, s. 1.) Editor's Note. - Session Laws 2013-327, s. 17, made the amendment to subsection (e) by Session Laws 2013-327, s. 16, applicable to applications for licensure as a transitional mortgage loan originator filed on or after September 1, 2013. Session Laws 2015-293, s. 4, made the amendment to this section by Session Laws 2015-293, s. 1, applicable to all applications for registration as a mortgage origination support registrant filed on or after November 1, 2015. Session Laws 2015-293, s. 2 is a severability clause. Session Laws 2015-293, s. 3, provides: "The Commissioner of Banks may adopt temporary rules to administer this act." Effect of Amendments. - Session Laws 2012-56, s. 24, effective October 1, 2012, substituted "G.S. 53C-2-7" for "G.S. 53-99(b)" in subsection (c). Session Laws 2013-327, s. 16, effective September 1, 2013, in subsection (e), added "or transitional mortgage loan originators" and made a minor stylistic change. For applicability, see editor's note. Session Laws 2015-293, s. 1, effective November 1, 2015, substituted "transitional mortgage loan originators, or registrants" for "or transitional mortgage loan originators" near the end of subsection (e). For applicability, see editor's note.