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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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November 18, 2021

New York Foreclosure Single Point of Contact

New York Assembly Bill 1935 amends New York banking law to require lenders to provide borrower's who are sixty days or more delinquent with a single point of contact within ten business days of receipt of a written request from the borrower; effective on the sixtieth day (January 2, 2022) after it became law (November 3, 2021) and shall apply to home loans entered into on or after such effective date.

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November 16, 2021

New York enacts significant changes impacting debt collection lawsuits

NY Governor Hochul signed The Consumer Credit Fairness Act on November 8, 2021, which will protect consumers from abusive debt collection, as many practices relate to old debts being sued on, debt from credit card issuers being resold to other creditors, and minimal information being provided to debt purchasers.

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November 16, 2021

NY Governor Hochul Signs Legislation Expanding New York Community Reinvestment Act to Non-Depository Mortgage Lenders

Governor Hochul signed legislation expanding the New York Community Reinvestment Act (CRA) to cover non-depository lenders.

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November 11, 2021

California housing affordability improves

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According to information collected by the CALIFORNIA ASSOCIATION OF REALTORS (C.A.R.), a somewhat less competitive housing market combined with modest household income growth allowed more Californians to purchase a median-priced home in the third quarter of 2021.

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November 09, 2021

CA DFPI issues fourth modifications to the proposed regulation implementing 2018 law requiring consumer-like disclosures for commercial financing

After consideration of public comments to the proposed regulation published on October 12, 2021, the California DFPI has issued additional modifications; comments are due on November 22, 2021.

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November 03, 2021

Texas Adopts Provisions Regarding Mortgage Bankers and Residential Mortgage Loan Originators

The Finance Commission of Texas (commission), on behalf of the Department of Savings and Mortgage Lending (department), adopts amendments, new rules, and rule repeals in 7 TAC Chapter 80 and Texas Residential Mortgage Loan Companies, 7 TAC Chapter 81, Mortgage Bankers and Residential Mortgage Loan Originators, which includes amendments to advertising, books and records, examinations requirements, remote work requirements, and licensing requirements effective November 4, 2021.

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November 02, 2021

Texas Adopts Provisions Regarding Residential Mortgage Loan Companies

The Texas Finance Commission/Department of Savings and Mortgage Lending adopted provisions relating to licensees that include eliminating definitions for branch office and physical office; updating advertising, books and records, and examinations requirements; creating office locations for remote work requirements; as well as other licensing requirements effective November 4, 2021.

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November 02, 2021

New York poised to expand CRA rule to nonbank lenders

HousingWire- Flávia Furlan Nunes

A controversial bill that would expand the requirements of the state community reinvestment act (CRA) to non-depository lenders has been introduced by the New York Senate.

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October 15, 2021

California Court Revisits Homeowner’s Bill of Rights

DSNews -- Robert Finlay, right, Finlay & Zak; Joan C. Spaeder-Younkin, Wright, Finlay & Zak\

The Court of Appeal for the Second Appellate District in California recently confirmed that a loan servicer can remedy HOBR violations prior to the actual foreclosure sale, avoiding having to restart the entire foreclosure, by reviewing the borrower for a loan modification prior to the foreclosure sale.

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October 14, 2021

New York New Initial Communication Disclosure

New York Senate Bill 737 requires each and every principal creditor or debt collector, in each initial communication, to clearly and conspicuously disclose to the debtor that each communication can be provided in an alternative, reasonably accommodatable, format; effective November 7, 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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October 11, 2021

Montana Adopts Provisions Regarding Renewal Fees

The Montana Department of Administration passed final rules updated licensee renewal fees for the license period January 1 to December 31, 2022.

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October 06, 2021

California Enacts Provisions Regarding Debt Collection

California Senate Bill 531 amends the Rosenthal Fair Debt Collection Practices Act to require the original creditor or owner of debt to notify a consumer within five days of the sale or assignment of the debt to someone else, provide detailed information about the debt upon written request, notify consumers of their rights to request this information in their first written communication to a debtor, and provide certain disclosures when collecting on time-barred debts; effective July 1, 2022.

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September 28, 2021

Pennsylvania Adopts Provisions Regarding Mortgage Servicing

The Pennsylvania Department of Banking and Securities has adopted mortgage servicer regulations effective immediately that include definitions, early intervention requirements for certain borrowers, and loss mitigation procedures.

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September 28, 2021

Maryland Adopts Provisions Regarding Mortgage Lender Licensees

The Maryland Commissioner of Financial Regulation adopted amendments to Regulation .04 under COMAR 09.03.06 Mortgage Lenders, relating to requirements that mortgage lender licensees obtain and maintain physical, paper licenses, effective October 4, 2021.

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