Consumer Discount Companies
Final HUD Regulation Under SAFE Act
A letter from the Secretary of Banking regarding the final regulation issued by the U.S. Department of Housing and Urban Development entitled "SAFE Mortgage Licensing Standards and Oversight Responsibilities."
All Licensees Under the Mortgage Licensing Act and Consumer Discount Company Act
The Commonwealth of Pennsylvania Department of Banking (the recently issued two statements of policy that may affect certain aspects of your business. These statements of policy became effective on July 10, 2010, by virtue of their publication in the Pennsylvania Bulletin (40 Pa.B. 3868, 3869).
SAFE Act Legislation
The letter provides information regarding Act 31 of 2009, House Bill 1654 (P.N. 2448), which amends Pennsylvania’s existing mortgage industry licensing law, 7 Pa.C.S. Chapter 61, in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the “SAFE
Act”), 12 U.S.C. § 5101 et seq.
New Mortgage Regulation
This Secretary's Letter summarizes the requirements for mortgage and consumer discount licensees under the Department's new regulation for proper conduct of lending and brokering in the mortgage loan business.
• Mortgage Regulation
Mortgage Reform Laws
Provides detailed explanation of three bills signed into law by Governor Edward G. Rendell on July 8, 2008: Act 56 of 2008, House Bill 2179 (P.N. 4020), the new consolidated mortgage licensing bill (the “Mortgage Act”), Act 57 of 2008, Senate Bill 483 (P.N. 2163), which amends the Loan Interest and Protection Law (the “LIPL”), and Act 58 of 2008, Senate Bill 484 (P.N. 2251), which amends the Department of Banking Code (the “DOB Code”).
Nontraditional Mortgage Guidance
To help protect borrowers and promote sound business practices, the Department of Banking has issued guidance to Pennsylvania mortgage companies who offer so-called “nontraditional” loans such as interest-only and payment option adjustable-rate mortgages.
Improperly Influenced Appraisals
The Secretary's Letter informs all lenders and brokers under the jurisdiction of the Department of the Department's concerns related to the use of improperly influenced appraisals. Letter also addresses "builder exception" under the Mortgage Bankers and Brokers and Consumer Equity Protection Act.
Act 55 of 2001 Definition of Covered Loan Changes
The Secretary's Letter discusses that the Act 55 of 2001 definition of "Covered Loan" changes effective October 1, 2002; and that “Median Family Income” statistical estimates necessary for lenders to calculate (a) repayment ability of potential obligor under Section 512(b), and (b) whether negative amortization terms may be imposed on a potential obligor under Section 511(c), are now stated in the convenient chart attached to the letter.
Blocking Property & Prohibiting Transactions
Secretary's Letter regarding President Bush's Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism.
Year 2000 Problems
Secretary's Letter regarding the consideration and correction of potential Year 2000 problems.