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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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August 19, 2019

Illinois Amends Provisions Regarding Notice of Foreclosure

Effective immediately, amendment provides that failure to send a copy of the notice of foreclosure or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located.

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August 19, 2019

CA regulator proposes regulations to implement new law requiring consumer-like disclosures for commercial financing

Ballard Sparh, LLP--Michael R. Guerrero

The California Department of Business Oversight (DBO) has issued proposed regulations to require consumer-like disclosures on certain commercial financing products, including small business loans, merchant cash advances, and factoring.

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August 13, 2019

Illinois Amends Provisions Regarding Personal Information Protection Act

Illinois Senate Bill 1624 amends the Personal Information Protection Act to require the reporting of certain breaches. These provisions are effective on January 1, 2020.

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August 13, 2019

Oregon’s New Reverse Mortgage Tax Deferral Law May Slow Originations

Reverse Mortgage Daily--Chris Clow

Oregon has a new law, H.B. 2587, passed in July that could possibly lead to greater scrutiny from HUD.

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August 07, 2019

New Jersey enacts licensing and other requirements for student loan servicers

Ballard Sparh, LLP--Consumer Finance Monitor

New Jersey Senate Bill 1149 was signed into law on July 30, imposing licencing requirements on student loan servicers, creating a new oversight office within the NJ Department of Banking and Insurance, and enacting various other servicing requirements and prohibited actions. 

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August 07, 2019

Oregon Governor Signs Reverse Mortgage Property Tax Deferral Law

Reverse Mortgage Daily--Chris Clow

Effective this September, reverse mortgages with at least 40% equity interest can file for the state’s tax deferral program.

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August 06, 2019

Rhode Island Enacts Provisions Regarding Revised Uniform Fiduciary Access to Digital Assets Act

CLA Residential Mortgage Compliance Monitor--Zachary Pearlstein

Rhode Island has revised the Uniform Fiduciary Access to Digital Assets Act to allow a custodian to manage digital assets while also adding privacy protections for account owners and and companies that hold the digital assets.

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August 02, 2019

North Carolina enacts state SCRA, expands protections

North Carolina Senate Bill 420 enacts the North Carolina Servicemembers Civil Relief Act, that among other things extends federal SCRA provisions to members of the North Carolina National Guard serving on state active duty and to members of the National Guard of other states serving on state active duty who reside in North Carolina.  The majority of provisions are effective immediately.

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August 02, 2019

Texas Legislative Update IV – Bills Effective September 1, 2019 and Later​

Black, Mann & Graham, L.L.P. has published a memorandum that summarizes bills from the 2019 Legislative Session that are effective on or after September 1, 2019 that have impact to our industry.

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July 26, 2019

NYDFS Creates Research and Innovation Division and Prioritizes Fintech and Consumer Protection

Ballard Spahr LLP--Olivia L. Kratzke & James Kim 

NYDFS has announced the creation of a new Research and Innovation Division which will stay abreast of the changes in financial technology and will also be charged with licensing and the supervision of digital currency companies and protect consumers’ data rights.

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July 25, 2019

Vacancy Taxes: Pros and Cons

DSNews--Seth Welborn

California is proposing a vacancy tax be levied on homes that are vacant or occupied for a minimal amount of time year, the results of which would be used to fund homeless services. 

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July 24, 2019

Georgia Adopts Provisions Relating to Mortgage Lenders and Brokers

The Georgia Department of Banking and Finance has adopted several final rules. These provisions are effective on July 29, 2019.

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July 22, 2019

NY legislature passes bills to extend coverage of plain language law and prohibit use of social network information for evaluating creditworthiness

Ballard Sparh LLP--Alan S. Kaplinsky

New York has passed Senate Bill 3704 amending plain language requirements to include consumer contracts of up to $250,000, and Senate Bill 2302 prohibiting credit reporting agencies from using or reporting information about consumers from social networks.

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July 22, 2019

Texas Legislative Update III – Bills Effective Immediately

Black, Mann & Graham, L.L.P. has issued a memorandum summarizing bills from the 2019 Texas Legislative Session that are effective immediately and of interest to our industry.

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