Avalanche of State-Level Lending Law Changes; NMLS CE Changes with TRID

I
am driving to the San Diego conference and bunked down in Santa Barbara
for the night. It is a friendly place, but news reached me reminding me
that anyone can sue anyone else – and when the suit hits the press and
moves the stock price, especially ahead of a national mortgage
conference, well… let’s just say that Bank of Internet has had better weeks.

As if federal laws and federal regulations weren’t enough to keep track of, don’t forget the states!

Rhode Island has amended Regulation 6
as it applies to lenders, loan brokers and small lenders. Updates
include a licensee who lends, brokers or services any mortgage loan must
appoint a person who holds a valid Rhoda Island Mortgage Loan
Originator License as the qualified individual or branch manager. The
qualified individual or branch manager must also be physically present
during the majority of business hours to oversee operations. Criminal
background checks are required for officers, directors and owners of 10
percent or more and qualified individuals or branch managers who do not
hold a valid Mortgage Loan Originator License. The Division will also
determine whether the person meets the financial responsibility
requirement and notify the application of a decision and an explanation
of the denial reason. If there is a change in ownership, it must be made
through NMLS, which includes any change in ownership of 25 percent or
more of the voting stock or equity interests of a licensee. Notification
should be made within 15 days of the change.

In Ohio
the Department of Commerce, Division of Financial Institutions has
announced that the “Notice of Escrow of Taxes and Regular Monthly
Payment” form is no longer required. To view the announcement, please
click here.

Ohio
is offering to pay for employee training. The third round of the Ohio
Incumbent Workforce Training Voucher Program will reimburse Ohio
companies 50 percent of eligible costs, up to $4,000 per employee and
$100,000 per employer. Businesses can apply on October 14th at 10am and the program is a cash grant and not a tax credit. To learn more about the grant, click here.

State-Specific Education Notices have been updated for Idaho and Massachusetts.
The NMLS posts Education Notices in order to inform and advise
state-specific course content requirements and provide an
agency-approved reference list. The Notices should be published within
the next couple of weeks and the NMLS aims to have an education notice
for all 29 agencies that have a state-specific requirement by the end of
the year. Click here to read the announcement.

Developments in the Uniform State Test (UST) for state-licensed mortgage loan originators (MLOs)? The California Department of Business Oversight and the California Bureau of Real Estate jointly announced
that their UST implementation date will be January 1, 2016. This news
is the direct result of the sustained advocacy and engagement of the California MBA
and MBA, which together sought the passage of legislation in 2014 that
provided these regulators the authority to move forward with UST
adoption.

The share of foreign homebuyers is at an 8 year low in California.

And legislators in Missouri overrode the Governor’s veto of Senate Bill 345,
which included a provision requiring UST adoption by the Missouri
Division of Finance (earlier this summer, Governor Jay Nixon had vetoed
the bill because of an unrelated, non-UST provision). Now, upon final
enactment of SB 345 the Division will adopt the test, and MBA will
provide an update once an announcement is made for its implementation
date.

Once
the Division officially joins the California regulators as UST
adopters, 50 regulators from 43 states, Puerto Rico, Guam, the Virgin
Islands, and the District of Columbia will have adopted this important
testing structure – providing greater licensing uniformity and cost
savings for state-licensed MLOs and their companies. To view a map of
all currently adopting state regulators, please click here.
Importantly, the list of all states/regulators that have yet to adopt
includes: Arkansas, Colorado, Florida, Illinois, Minnesota, Missouri
(now pending), South Carolina (BFI and DCA), Utah DRE and West Virginia.

Colorado
has amended laws regarding internet or electronic foreclosure sales. A
trustee may charge no more than sixty dollars for the cost of conducting
a public foreclosure sale via the internet or other electronic medium.
The revisions also includes a new definition of “electronic transfer” to
encompass “a transfer of funds initiated by using an electronic
terminal, telephonic instrument, or  computer or magnetic tape to order
or authorize a financial institution to credit or debit an account.” If a
foreclosure is conducted electronically, the notice must contain the
electronic address, the location of computer workstations available to
the public and information about how to obtain instructions on accessing
the sale and submitting bids and that the bidding rules must be posted
on the web. If a foreclosure sale is conducted electronically, the
holder of the evidence of debt may include a maximum bid and if there
are competing bids for a property, the bid shall be increased
incrementally up to the maximum.

Maine
has passed provisions to prevent abusive debt collection practices to
mandate written payment schedules and settlement agreements. Debt
collectors may not enter into a payment schedule or settlement agreement
unless the payment schedule or settlement agreement is documented in
open court, or approved by the court and in a court order or reduced to
writing. Debt collectors are prohibited from initiating a lawsuit or
arbitration to collect the debt from the consumer more than 6 years
after a consumer has stopped all activity on a debt. When the 6 year
limitation period ends, no activity on the debt will revive or extend
the limitations period. These revisions are effective October 13, 2015.

Already in effect is a Montana
rule that temporarily reduces licensing renewal fees for 2016. The
reduced fees, which are at a 50 percent discounted rate, are effective
until March 17th,
2016. The type of licenses subject to the change includes mortgage
brokers, lenders, servicers and originators. The fee schedule for
January 1st to December 31st
includes Mortgage Loan Originator fee of $400, Mortgage Lender Branch
fee of $250, Mortgage Servicer fee of $750 and Mortgage Lender Entity
fee of $750. The discounted fees are due to an increase in mortgage loan
originators that are applying for a Montana license allowing for a drop
in fees due to the increase in applicants.

Utah
has adopted provisions which include changing existing sections
regarding entity registration, instruction registration and licensee
conduct. Registering entities must list all business and trade names
used. To obtain a Utah license to operate as a mortgage entity, the
entity must be registered in a nationwide database by submitting an MUI1
form and a license request for any assumed business name listed in the
“Other Trade Name” section of the MU1 form may also be submitted. For
branch offices looking to obtain a Utah license, any licensed trade
names of the entity that are used from the branch office are listed in
the “Other Name” section of the entity MU1 form. Other updates include,
an individual seeking to act as an instructor of Division-approved
continuing education courses must complete the Division Certification
process at least 30 days prior to instructing. To qualify as an
instructor, the applicant must have a minimum of two years of full-time
experience as a mortgage licensee, college-level education related to
the course subject or demonstrated expertise in the subject proposed to
teach.

New Hampshire has amended rules for discharge of mortgage by affidavit, effective January 1st,
2016. RSA 479:8 (Penalty for Failure to Timely Discharge a Mortgage)
now includes a penalty provision where a mortgagor can collect damages
from a mortgagee who has not caused to be recorded a discharge. If the
mortgagee fails to timely record the discharge, they may be liable for
“damages to the mortgagor at the rate of $200 for each week after the
expiration of the 60 days up to a maximum of $2,500 or in an amount
equal to the loss sustained as a result of the failure of the mortgagee
to execute and deliver a release, whichever is greater, plus costs and
reasonable attorney’s fees.”

Massachusetts has updated its flood insurance requirements.
The flood insurance coverage may not exceed the outstanding principal
mortgage balance at the beginning of the year that the flood insurance
policy takes effect. Required flood insurance may not include a
requirement of coverage for contents or a requirement that the insurance
includes a deductible of less than $5,000. An owner of a residential
property may request a reduction in the amount of coverage, which will
be based upon the outstanding mortgage balance at the beginning of the
year that the policy is in effect. Lenders then must accept the request
from the property owner to reduce their coverage amount.

The NMLS has updated course content for Montana. Education notices can be found on the policy page of the course provider section of the NMLS Resource Center.

The NMLS is reminder all approved course providers that the Late CE Application window is from October 1st to November 30th this year. The requirements and how to submit sources for the Late CE catalog can be found in the Notice on Submitting Late CE Course Applications.
With the recent TRID changes, the SAFE MLO National Test with Uniform
State Consent will reflect the changes to the content outline. Going
forward, anyone taking the test on or after October 3rd will see the new
changes, regardless of when they scheduled the exam. The new changes
not only include the TRID rule, but they also represent the results of
the job analysis study the NMLS recently completed.

Turning
briefly to rates we sold off yesterday following a
stronger-than-expected September CPI report. We also received jobless
claims and the Philly Fed numbers – a mixed bag. Was that brief enough?

Today
we’ll have the September Industrial Production and Capacity Utilization
duo, August JOLTS (Job Openings), and October Michigan Sentiment. We closed the 10-year at 2.02% and in the early going it is at 2.00% with agency MBS prices a shade better.

Jobs and Announcements

Academy Mortgage is under new leadership in Colorado: Scott Edgin
has joined Academy as its Colorado Regional Manager. In this role,
Edgin will be responsible for directing the growth and development of
Academy’s 14 Branch Offices located across the state. “Scott brings a
unique perspective to Academy having spent the bulk of his career in
mortgage insurance as opposed to mortgage origination,” says Academy’s
Central Divisional Manager Terry Mott. “His dedication, work ethic, and
reputation made him the right person for this job.” Edgin spent nearly
14 years with GE Capital Mortgage Insurance and Genworth Financial,
quickly promoting up the ranks and leading teams to exponential market
share and sales volume growth. Loan officers, branch managers, branches, and firms interested in joining Academy should contact Divisional Recruiting Manager Ben Green.

Award-winning national appraisal management company, Pendo Management Group, is looking for strong sales people with success in selling valuation, title or correspondent lending. Both
regional and national opportunities available with limitless income
potential are available. In the last three months, Pendo has been named
the #2 Fastest Growing Company in Kansas City by Ingrams Magazine, #35
on HousingWire’s HW Fast 50 and #591 on Inc. Magazine’s list of the top
5000 Fastest Growing Private Companies in the country.
Co-Founder Jeff Sandman attributes the success to the tireless pursuit
of providing the highest level of customer service possible. If you are a
producer that has the drive and commitment to provide your clients with
concierge level service contact Jeff Sandman to learn more.

SunTrust
named Dorinda Smith mortgage segment executive and president and CEO of
SunTrust Mortgage. Smith has been with SunTrust for 19-years. Most
recently, she was national production manager for SunTrust’s
correspondent channel, serving community banks. Smith succeeds Jerome
Lienhard who was appointed chief risk officer.

And First Guaranty Mortgage Corporation, a Virginia Corporation, has named Jane Gershman as its National Servicing Director.

Article source: http://www.mortgagenewsdaily.com/channels/pipelinepress/10162015-state-mortgage-laws.aspx

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