---
kind: "section"
citation: "12 U.S.C. § 5114"
title: "12"
title_heading: "Banks and Banking"
number: "5114"
heading: "State examination authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5114"
units:
  - "Chapter 51 — Secure and Fair Enforcement for Mortgage Licensing"
---

# §5114. State examination authority


In addition to any authority allowed under [State](/usc/12/5102.md?p=11) law a [State](/usc/12/5102.md?p=11) licensing agency shall have the authority to conduct investigations and examinations as follows:

- (1) For the purposes of investigating violations or complaints arising under this chapter, or for the purposes of examination, the [State](/usc/12/5102.md?p=11) licensing agency may review, investigate, or examine any [loan originator](/usc/12/5102.md?p=4-A) licensed or required to be licensed under this chapter, as often as necessary in order to carry out the purposes of this chapter.
- (2) Each such [loan originator](/usc/12/5102.md?p=4-A) shall make available upon request to the [State](/usc/12/5102.md?p=11) licensing agency the books and records relating to the operations of such originator. The [State](/usc/12/5102.md?p=11) licensing agency may have access to such books and records and interview the officers, principals, [loan originators](/usc/12/5102.md?p=4-A), employees, independent contractors, agents, and customers of the licensee concerning their business.
- (3) The authority of this section shall remain in effect, whether such a [loan originator](/usc/12/5102.md?p=4-A) acts or claims to act under any licensing or registration law of such [State](/usc/12/5102.md?p=11), or claims to act without such authority.
- (4) No [person](/usc/12/5481.md?p=19) subject to investigation or examination under this section may knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information.

## Source credit

(Pub. L. 110–289, div. A, title V, § 1515, July 30, 2008, 122 Stat. 2823.)