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State News

This topic consolidates legislative summaries of new and revised state laws pertaining to licensing, originating, and servicing mortgage loans. 

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September 28, 2021

California Amends Provisions Regarding Power of Sale

California Assembly Bill 175 extends the date the trustee’s deed is recorded from within 18 calendar days after the sale to 21 calendar days, and provide that certain information to be submitted to a trustee be provided as an affidavit or declaration given under penalty of perjury (until January 1, 2026); effective January 1, 2022.

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September 23, 2021

New York Extends Foreclosure and Eviction Moratoria

New York Senate Bill 50001 extends the state’s moratorium on COVID-related residential and commercial evictions and foreclosures until January 15, 2022, effective September 2, 2021.

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September 22, 2021

Delaware Modifies Sheriffs Sale Locations

Delaware House Bill 159 modifies the locations where sheriff's sales may be conducted to provide the sheriffs with needed flexibility and modernize the sheriffs' sale process effective September 15, 2021.

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September 20, 2021

Connecticut Modifies Provisions Regarding Foreclosure

As announced on 06/16/2021, the state of Connecticut modified its provisions relating to its foreclosure mediation program as well as other alternatives to foreclosure effective on October 1, 2021.

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September 07, 2021

D.C. Emergency and Temporary Legislation Limiting Collection Activities to take Effect September 23, 2021

Ballard Spahr, LLP--Stefanie Jackman

During D.C.’s declared State of Public Health Emergency, bills B24-0347 and B24-0348 impacting collection activities that relate to both third-party debt collectors and creditors collecting their own debts, the bills only temporarily amend various provisions of D.C. 28-3814 while awaiting the permanent bill, B24-0357.

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September 07, 2021

New York Enacts Provisions Regarding Foreclosure Protections

New York enacted provisions for residential foreclosure protections specific to Part C, Subpart B of Senate Bill 50001.

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August 19, 2021

California DFPI Final Rules: California Financing Law (PRO 02/17)

Effective October 1, 2021, new regulations under the California Financing Law become operative: all new license applications under the California Financing Law must be submitted through NMLS on and after October 1, 2021; all licensees not yet on NMLS must transition onto NMLS by December 31, 2021; and PACE program administrators must comply with new regulatory provisions.

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August 18, 2021

New Hampshire Enacts Provisions Regarding Notarial and Real Property Electronic Recording Acts

New Hampshire Senate Bill 134 adopts, among other things, the revised uniform law on notarial acts and the uniform real property electronic recording act effective 180 days after passage (February 12, 2022).

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August 11, 2021

California enforcement updates and privacy tools highlight regulatory scrutiny of right to opt out

Ballard Spahr, LLP--Philip N. Yannella

After a little over a year of enforcing the California Consumer Privacy Act, the Office of the California Attorney General has announced updates on its CCPA enforcement efforts and new tools relating to California consumers’ right to opt out of the sale of their personal information.

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August 10, 2021

Rocket Mortgage wants to boost homeownership in Detroit

Mortgage Professional America – Candyd Mendoza

Rocket Mortgage introduced a new program designed to increase homeownership in the city of Detroit.

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August 05, 2021

New York Modifies Foreclosure Provisions

New York Senate Bill 5785 amends the real property actions and proceedings law, in relation to foreclosure of mortgages, to remove references to make the affirmative allegation provisions for high-cost loans and subprime home loans applicable to foreclosures of residential mortgages covering one to four-family dwellings effective January 1, 2022.

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July 28, 2021

New Jersey Enacts Provisions Regarding Notaries

New Jersey Assembly Bill 4250 Revises law concerning notaries and notarial acts and authorizes electronic signatures effective October 20, 2021.

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July 28, 2021

Illinois Amends Provisions Regarding Notaries

Illinois has amended its provisions relating to its Notary Public Act that include remote notarial acts, and electronic notarial acts and forms and amendments to its Uniform Real Property Electronic Recording Act, effective on January 1, 2022 ; or (2) the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary for implementation; except that, the changes made to specified provisions of the Illinois Notary Public Act take effect July 1, 2022.

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July 27, 2021

Extraordinary Situation Proclaimed in Four California Counties

On July 23, 2021, Governor Gavin Newsom proclaimed a state of emergency in Plumas County due to the Dixie Fire and Fly Fire, in Butte and Lassen counties due to the Dixie Fire, and in Alpine County due to the Tamarack Fire; consequently, Acting Commissioner of Financial Protection and Innovation Christopher S. Shultz has determined that an extraordinary situation exists and has issued a proclamation authorizing state-chartered banks to close any or all of their offices in affected areas until the Commissioner determines the extraordinary condition has ended.

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