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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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December 02, 2019

Wisconsin Enacts Provisions Regarding MLO Licensing

Wisconsin Senate Bill 457 includes temporary authority to act as a mortgage loan originator while a license application is pending, among other things.

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December 02, 2019

New York HPD Tracks Over 3K ‘Zombie Homes’

DSNews--Seth Welborn

The New York City Department of Housing Preservation and Development's task force has identified more than 3,000 "zombie homes" lingering from the Great Recession. 

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November 13, 2019

Montana Adopts Provisions Regarding Renewal Fees

The Montana Department of Administration amended its provisions relating to licensing renewal fees. 

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November 11, 2019

Nevada regulator and AG seek dismissal of lawsuit filed by trade groups challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s credit report

Ballard Spahr LLP--Anthony C. Kaye & Abran Vigil 

A motion has been filed by the Commissioner of the Financial Institutions Division of the Nevada Department of Business and Industry and the Nevada Attorney General to dismiss a lawsuit filed in Nevada federal court by three trade groups to challenge a Nevada amendment that allows an applicant that does not have a credit history to use the credit history of the their spouse during the marriage.

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November 08, 2019

Tax Foreclosures Under Scrutiny

DS News--Seth Welborn

Pacific Legal Foundation is urging the Michigan Supreme Court to stop a state law that allows counties to make a profit from foreclosure sales.

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November 07, 2019

Washington Adopts Provisions Regarding Consumer Loan and Mortgage Broker Practices Acts

Washington Department of Financial Institutions has adopted rules to implement amendments (Sec. 106 of S. 2155, Public Law No. 115-174) to the federal SAFE Act, enact changes to the rules for student education loan servicing, and technical changes for clarity and consistency, effective November 24, 2019.

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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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November 04, 2019

Alert: Texas Loan Status Rules and Forms Amended Effective May 1, 2020

Black, Mann & Graham LLP

The Finance Commission of Texas adopted amendments to the conditional pre-qualification and conditional loan approval forms attached to §§80.201 and 81.201 as Forms A and B effective May 1, 2020.

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November 04, 2019

Pennsylvania Updates "Base Figure" Definition for 2020

The Department of Banking and Securities published a new base figure under the Loan Interest and Protection Law of $260,404 effective January 1, 2020, for the calendar year 2020.

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October 31, 2019

Vermont Issues Declared Rate for 2020

Effective January 1, 2020, the declared rate is 5.5% for determining whether a loan is a high-rate/high-point loan under Vermont law.

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October 29, 2019

Final regulations implementing New York student loan servicing law effective Oct. 16

Ballard Spahr LLP--John L. Culhane, Jr.

New York Department of Financial Services' new student loan servicing law, Article 14-A, is effective and being implemented.

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Learn Why Clients Love ACES

Learn Why Clients Love ACES

"ACES has shined a light on our productivity and empowered us to hold our teams accountable."

- Emilee Rada, Director of Lending Operations at Georgia's Own Credit Union

Hear Why

October 28, 2019

California Proposed Regulations: PACE and Regulations and Transitioning California Financing Law Licensees onto NMLS

The Commissioner of Business Oversight is seeking comments on proposed regulations under the California Financing Law to implement the regulatory requirements of licensure, including provisions related to the enrollment and oversight of PACE solicitors and PACE solicitor agents, and transitioning all applicants and licensees onto NMLS for obtaining and maintaining a license under the California Financing Law.

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October 22, 2019

Analysis: Verifying Consumer Requests Under the CCPA

Ballard Sparh, LLP--Philip N. Yannella; Gregory P. Szewczyk 

This article examines the very broad definition of data breach under California's CCPA and risks associated with providing personal information of a consumer to the wrong party in response to a customer request. 

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October 18, 2019

Navigating Florida Foreclosure Code Issues

DSNews--Seth Welborn

In a recent Legal League 100 webinar, discussed what servicers need to know when handling Florida foreclosures and REO, and the impacts of code enforcement issues and liens. 

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October 11, 2019

California AG Releases Proposed CCPA Regulations

Ballard Sparh, LLP--Philip N. Yannella; Kim Phan; Gregory P. Szewczyk; Katie Morehead 

The California Attorney General’s Office released its proposed CCPA Regulations that addresses a number of important technical compliance issues.

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