6-811. Exemptions


A. The provisions of this chapter do not apply to and the term "escrow agent" does
not include:


1. Any person who is licensed to practice law in this state and who is not actively
engaged in conducting an escrow business.


2. Any person doing any of the acts specified in section 6-801, paragraph 4
pursuant to the order of a court.


3. Trustees of deeds of trust to the extent the activities are performed as a
trustee under a deed of trust.


4. Any person doing any of the acts specified in section 6-801, paragraph 4 in a
fiduciary capacity for any person, trust or estate pursuant to the order of a court.


5. Licensed real estate brokers who render certain services by collecting rents for
others, as to such rents, and who within a reasonable time account for such rents to the
person or persons properly entitled to such accounting.


6. Licensed real estate brokers who in the regular course of their business accept
earnest money for the purpose of effecting the sale or transfer of property, as to such
earnest money, and who within a reasonable time account for such earnest money to the
prospective buyer or seller or to a licensed escrow agent.


7. Persons licensed pursuant to title 32, chapter 9, but only to the extent that
these activities are regulated by title 32, chapter 9.


8. Any person who is licensed pursuant to chapter 9, article 2 of this title and
who is approved to service loans for either:


(a) The federal national mortgage association.


(b) The federal home loan mortgage corporation.


(c) The government national mortgage association.


9. Any person licensed pursuant to chapter 14, article 1 of this title.


10. Any person who is licensed pursuant to chapter 9, article 3 of this title.


B. The provisions of this article do not apply to:


1. A person doing business under the laws of this state or the United States
relating to banks, credit unions, savings banks, trust companies and savings and loan
associations, except that this subsection does not exempt such banks, credit unions,
trust companies, savings banks and savings and loan associations from regulation of such
escrow activities under other statutes or laws of this state or of the United States nor
does this subsection allow an affiliate of the bank, credit union, savings bank, trust
company or savings and loan association to engage in the escrow business unless it is
licensed pursuant to this article and engages in such a business in accordance with this
chapter.


2. A person who is licensed pursuant to chapter 9, article 2 of this title and who
is not approved to service loans for either:


(a) The federal national mortgage association.


(b) The federal home loan mortgage corporation.


(c) The government national mortgage association.