Summer 2016 States In Brief

Delaware

The Governor of Delaware signed into law House Bill 353, which relates to foreclosure proceedings. The bill was effective June 28, 2016.

Georgia

The Georgia Department of Banking and Finance adopted final revisions to its rules making various changes to a number of provisions. The revised rules were effective July 10, 2016.

Hawaii

The Governor of Hawaii signed into law Senate Bill 2850, related to mortgage loan originator and mortgage servicing laws. A number of the amendments were added to clarify the scope of activities relevant to the mortgage servicer laws and mortgage loan originator laws. The bill was effective on July 1, 2016.

Idaho

The Idaho Department of Finance adopted a rule related to disclosure requirements for mortgage brokers and lenders. Specifically, the regulation eliminates certain disclosure requirements that are already provided under TILA and Regulation Z, and RESPA and Regulation X. The regulation was effective March 25, 2016.

Illinois

The Illinois Department of Financial and Professional Regulation adopted the SAFE Uniform State Test for state-licensed mortgage loan originators as of June 1, 2016.

Kentucky

The Governor of Kentucky signed into law Senate Bill 97, implementing changes to a number of sections related to mortgage loans, including repealing the requirement for W-2 processors to be individually registered. The bill was effective July 15, 2016.

The Governor of Kentucky also signed into law Senate Bill 122, making multiple amendments related to recording statutes. The bill was effective July 15, 2016.

Maryland

The Governor of Maryland signed into law Senate Bill 87, which relates to the licensing of mortgage loan originators. Specifically, this bill repeals the requirement for applicants for a mortgage loan originator license to have a Maryland criminal background check. The bill was effective July 1, 2016.

The Governor of Maryland also signed into law House Bill 970, clarifying the notification required by plaintiffs in a right of redemption foreclosure action to homeowner or condominium associations. The bill was effective July 1, 2016.

The Maryland Commissioner of Financial Regulation approved amendments related to mortgage lender and mortgage loan originator license application fees. Specifically, the amended regulations reduce the nonrefundable application investigation fee for mortgage lenders and mortgage loan originators from $100.00 to $1.00. These amendments were effective July 1, 2016.

Mississippi

The Governor of Mississippi signed into law Senate Bill 2504, making multiple changes to the Secure and Fair Enforcement (SAFE) Mortgage Licensing Act. The bill was effective July 1, 2016.

Montana

The Montana Department of Administration reduced the surety bond requirement for new mortgage brokers and mortgage lenders. Currently, the new entities applying for a license as a mortgage broker or mortgage lender for the first time in Montana are required to purchase a surety bond in the amount of $50,000. As of June 16, 2016, new mortgage brokers or lenders are only required to purchase a $25,000 surety bond.

Tennessee

The Governor of Tennessee signed into law House Bill 2401, relating to the Tennessee Condominium Act of 2008. The bill was effective June 1, 2016.

Texas

The Finance Commission of Texas revised several of its regulations related to residential mortgage loan companies and mortgage bankers and residential mortgage loan originators. The revisions were effective as of June 30, 2016.

The Finance Commission of Texas also revised several of its regulations related to the Residential Mortgage Loan Servicer Registration Act. The revisions were effective June 30, 2016.

Virginia

The Governor of Virginia signed into law Senate Bill 204 relating to real estate settlement agents. The bill was effective July 1, 2016.

Washington

The Governor of Washington has signed into law House Bill 2876, addressing the foreclosure of deeds of trust and reporting requirements. This legislation was effective July 1, 2016.

Wisconsin

The Governor of Wisconsin signed into law Assembly Bill 720, which relates to the redemption period and the notice of sale applicable to foreclosures of one to four family residences. The bill was effective April 27, 2016.

Posted in Newsletters, States In Brief

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