18 AAC 78.529. Confidentiality of loan information

(a) The following information is not confidential and is available for public inspection upon request:

(1) a document that is readily available for public inspection as described in 2 AAC 96.100(b) , including a deed of trust, a financing statement, a warranty deed, a bill of sale, a mortgage, a judgment or lien, or a vehicle title;

(2) general information regarding loans; that information includes the original loan amount, loan terms, personal guarantees, or disbursement and repayment schedules;

(3) insurance matters, including title insurance policies and correspondence with insurance companies or borrowers regarding losses, accident reports, and nonpayment of premiums;

(4) foreclosure and default proceedings.

(b) The following information is considered confidential and is not subject to public disclosure unless ordered by a court:

(1) financial information, including income tax returns, financial statements, business income statements, pro forma profit and loss statements, credit information obtained directly from banks and other creditors, and reports from consumer credit reporting agencies; and

(2) memoranda and minutes of a loan committee appointed under 18 AAC 78.524, containing information relating to the creditworthiness of an applicant.

(c) Information not described in (a) or (b) of this section may be subject to public disclosure. A request for disclosure must be made, and will be determined, in accordance with 2 AAC 96. Upon receipt of a request for disclosure of information not listed in (a) or (b) of this section, the department will make reasonable efforts to notify the loan applicant and other persons with a privacy interest in the request to permit them to present reasons why the requested information should not be disclosed.

History: Eff. 4/16/2000, Register 154

Authority: AS 40.25.110

AS 40.25.120

AS 46.03.020

AS 46.03.440

Editor's note: As of Register 176 (January 2006), and acting under AS 44.62.125 (b)(6), the regulations attorney made technical changes to 18 AAC 78.529(a) (1) and (c), to reflect Executive Order 113 (2005). Executive Order 113 eliminated the Telecommunications Information Council and transferred its functions related to public information and records to the governor and to the Department of Administration.

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