---
kind: "section"
citation: "12 U.S.C. § 5108"
title: "12"
title_heading: "Banks and Banking"
number: "5108"
heading: "Backup authority to establish a nationwide mortgage licensing and registry system"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5108"
units:
  - "Chapter 51 — Secure and Fair Enforcement for Mortgage Licensing"
---

# §5108. Backup authority to establish a nationwide mortgage licensing and registry system


If at any time the [Director](/usc/12/5102.md?p=10) determines that the [Nationwide Mortgage Licensing System and Registry](/usc/12/5102.md?p=6) is failing to meet the requirements and purposes of this chapter for a comprehensive licensing, supervisory, and tracking system for [loan originators](/usc/12/5102.md?p=4-A), the [Director](/usc/12/5102.md?p=10) shall establish and maintain such a system to carry out the purposes of this chapter and the effective registration and regulation of [loan originators](/usc/12/5102.md?p=4-A).


## Source credit

(Pub. L. 110–289, div. A, title V, § 1509, July 30, 2008, 122 Stat. 2819; Pub. L. 111–203, title X, § 1100(3), July 21, 2010, 124 Stat. 2106.)

## Notes

### Editorial Notes

### Amendments

2010—Pub. L. 111–203 substituted “Director” for “Secretary” in two places.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

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