---
kind: "section"
citation: "24 C.F.R. § 1005.219"
title: "24"
number: "1005.219"
heading: "Other requirements."
url: "https://uscodex.org/cfr/24/1005.219"
---

# §1005.219. Other requirements.

- (a) **Tribal, Federal, and State law.** All Holders, Direct Guarantee Lenders, Non-Direct Guarantee Lenders and Servicers must comply with all applicable Tribal, Federal, and State laws which impact mortgage-related activities.
- (b) **Dual employment.** All Non-Direct Guarantee Lenders and Direct Guarantee Lenders must require its employees to be exclusive employees, unless the Non-Direct Guarantee and Direct Guarantee Lender has determined that the employee's other employment, including any self-employment, does not create a Conflict of Interest.
- (c) **Reporting requirements.** All Direct Guarantee Lenders must submit reports in accordance with [§ 1005.903](/cfr/24/1005.903.md). Non-Direct Guarantee Lenders must submit required reports to their Sponsor, under this part or any requirements as prescribed by [Section 184](/cfr/24/184.md) Program Guidance.
- (d) **Records retention.** Records retention requirements are as follows:
  - (1) Direct Guarantee Lenders must maintain an endorsement case binder for a period of three years beyond the date of satisfaction or maturity date of the Loan, whichever is sooner. However, where there is a payment of Claim, the endorsement case binder must be retained for a period of at least five years after the final Claim has been paid. [Section 184](/cfr/24/184.md) Program Guidance shall prescribe additional records retention time depending on the circumstances of the Claim.
  - (2) All Direct Guarantee Lenders and Non-Direct Guarantee Lenders must retain personnel files of employees for one year beyond the employee's separation.
  - (3) All Direct Guarantee Lenders and Non-Direct Guarantee Lenders must follow the applicable records retention requirements imposed by applicable Tribal, Federal, and State laws.
  - (4) Direct Guarantee Lenders and Non-Direct Guarantee Lenders must maintain the quality control plan records for a period prescribed in [§ 1005.217(b)(4)](/cfr/24/1005.217.md?p=b-4).
- (e) **Minimum level of lending on Trust Land.**
  - (1) Direct Guarantee Lenders must actively market, Originate, underwrite, and close Loans on Trust Land. A Sponsor must ensure its Sponsored Entities actively market and Originate Loans on Trust Land. HUD may impose a minimum level of lending on Trust Land, which may be adjusted periodically, through publication in the Federal Register.
  - (2) Failure to meet the minimum level of lending on Trust Land may result in sanctions in accordance with §§ [1005.905](/cfr/24/1005.905.md) and [1005.907](/cfr/24/1005.907.md).
  - (3) HUD may grant exceptions for Direct Guarantee Lenders and Non-Direct Guarantee Lenders licensed and doing business in a State or States with limited Trust Lands. The process to request the exception will be prescribed by [Section 184](/cfr/24/184.md) Program Guidance.

## Notes

### Authority

Authority: 12 U.S.C. 1715z-13a; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).

### Source

Source: 89 FR 20056, Mar. 20, 2024; 89 FR 22084, Mar. 29, 2024, unless otherwise noted.