Sec. 05.13.04.12. Enrollment Requirements

A. To enroll a loan under the Program, the lender shall file a completed loan enrollment form with the Department. The lender shall also certify the following to the Department as part of the filing:

(1) The lender has no substantial reason to believe that the loan is being made to a borrower who does not meet the requirements of Regulation .09 of this chapter;

(2) The lender has received from the borrower a written representation, warranty, pledge, and waiver stating that the borrower has no legal, beneficial, or equitable interest in the nonrefundable premium charges or any other funds credited to the reserve account established to cover losses sustained by the lender on enrolled loans;

(3) The loan being filed for enrollment is an eligible loan under Regulations .10 and .11 of this chapter; and

(4) Premium charges required of the borrower and the lender under Regulation .16 of this chapter have been deposited in the reserve account.

B. The lender shall file the enrollment form not later than 45 business days after the lender makes the loan.

C. The date on which the lender makes a loan is the earlier of:

(1) The date on which the lender first disburses proceeds of the loan to the borrower; or

(2) The date on which the loan documents have been executed and the lender has obligated itself to disburse proceeds of the loan.

D. The filing date of a loan enrollment form is the date on which the lender does any of the following:

(1) Delivers the required documentation to the Department;

(2) Delivers the required documentation to a professional courier service for delivery to the Department; or

(3) Mails the required documentation to the Department by certified mail.