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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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July 13, 2021

Illinois Modifies Provisions Regarding Foreclosure

Illinois Senate Bill 255 amends the Mortgage Foreclosure Article of the Code of Civil Procedure to provide that the order confirming the sale of property may approve the mortgagee's fees and costs (i) arising between the entry of the judgment of foreclosure and the confirmation hearing, and (ii) incurred on or after the date of execution of an affidavit stating the amount due and prior to the judgment but not included in the judgment, those costs and fees to be allowable to the same extent as provided in the note and mortgage; effective July 9, 2021.

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July 13, 2021

Illinois Amends Provisions Regarding Transfer on Death Instrument Act

Illinois Senate Bill 47 amends the title of the "Illinois Residential Real Property Transfer on Death Instrument Act" to the "Real Property Transfer on Death Instrument Act", revises definitions, permits the transfer of real property by a transfer on death instrument to a trustee of a trust under certain circumstances, changes the rules under which real property that is subject to a transfer on death instrument is transferred, provides that a transfer on death instrument may be renounced by the owner's surviving spouse, other changes to provisions regarding rights of creditors; limitations; and preparation of a transfer on death instrument or its revocation, and additional conforming changes; effective January 1, 2022.

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July 13, 2021

Colorado Enacts Provisions Regarding Privacy Act

Colorado Senate Bill 190 enacts the Colorado Privacy Act effective July 1, 2023.

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July 13, 2021

Connecticut Amends Provisions Regarding Licensing

Connecticut Senate Bill 848 implements the Department of Banking's recommended changes to the banking statutes concerning financial institutions and consumer credit licenses effective October 1, 2021.

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July 13, 2021

Colorado Enacts Provisions Regarding Mortgage Servicers

Colorado House Bill 1282 enacts the Colorado Nonbank Mortgage Servicers Act subjecting mortgage servicers to regulation by an assistant attorney general, including the requirements of notification, record keeping, reporting, examinations, inspections, and enforcement effective January 1, 2022.

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July 08, 2021

Indiana Publishes Consumer Credit Fees

The Indiana Department of Financial Institutions published a list of authorized Consumer Credit Fees for the period July 1, 2021, to June 30, 2022.

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"By partnering with ACES, we have witnessed an overall improvement in the quality of our reviews."

-Hilda Melendez, Quality Control Systems Director at Lennar Mortgage

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July 08, 2021

Ohio Amends Provisions Regarding Licensing Requirements

Ohio House Bill 110, among other things, amends provisions regarding licensing requirements including application and renewal fees effective September 30, 2021.

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July 08, 2021

Missouri Amends Provisions Regarding Fees

Missouri Senate Bill 106 modifies provisions regarding reasonable and bona fide third-party fees incurred for remote or electronic filings or fees sustained through interest and penalties following a judgment effective August 28, 2021.

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July 08, 2021

Florida Amends Provisions Regarding Electronic Documents

Florida House Bill 483 clarifies that supervising witnessing of an electronic record by an online notary public is a notarial act; specifies the applicability of online notarization procedures to the supervision of witnessing of electronic record; modifies witnessing procedures; revises statutory forms for an affidavit for acceptance of & reliance upon power of attorney, for notice of election relating to the descent of homestead property, for self-proof of will or codicil, for disposition of certain assets at death, & for petition of summary relief for sale or transfer of property owned by absentee, to reflect means of notarization effective July 6, 2022.

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June 30, 2021

Texas Updates Valuation Laws

Texas House Bill 2533 permits licensed appraisers to perform evaluations rather than full appraisals for financial institutions where full appraisals are not required by federal guidelines and permits lenders to use both employee-conducted evaluations and automated valuation systems; effective June 15, 2021.

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QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

QC Now: CFPB’s Proposed Mortgage Servicing Rule Amendments

Presented by ACES Quality Management's EVP of Compliance, Amanda Phillips, and Ballard Spahr's Reid Herlihy, Richard Andreano, Jr., and Matthew Morr.

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June 29, 2021

Maine Extends Provisions Regarding Temporary Remote and Online Notarization

Maine House Paper 1033a/L.D. 1399 continues temporary modification of certain in-person notarization and acknowledgment requirements and develops the permanent implementation of remote and online notarization effective June 23, 2021.

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June 29, 2021

Montana Updates Rules Implementing Montana Mortgage Act

Weiner Brodsky Kider PC

The Montana Division of Banking and Financial Institutions amended its rules that implement the Montana Mortgage Act (MMA) effective June 12, 2021.

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June 25, 2021

Maine Amends Provisions Regarding Consumer Protection

Maine Senate Paper 205 enacts an Act to protect consumers against predatory lending practices effective September 28, 2021.

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June 25, 2021

Mississippi Adopts Provisions Regarding Notary Fees

The Mississippi Secretary of State adopted provisions amending fees for notarial acts effective July 1, 2021.

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