Office of Information Practices

U Memo 12-2
August 16, 2011
Mortgage Loan Originator Licensure Records

Requester asked whether the Division of Financial Institutions, Department of Commerce and Consumer Affairs (DFI), properly denied Requester’s request under Part II of the UIPA for information about mortgage loan originator license applicants to whom DFI had denied licensure (denied applicants) during a specified time period, including the number of denied applicants, the number of them denied due to their high numbers of credit delinquencies, and a list of their names and identifying numbers.

OIP found that DFI has no obligation under the UIPA to disclose the requested information about denied applicants because DFI does not maintain any “government record” that is responsive to this records request, and is not required to create the requested records by paying for the preparation by the national records administrator of a report containing the requested information.