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| PRIOR PRINTER'S NOS. 1103, 1213 | PRINTER'S NO. 1241 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, D. WHITE, O'PAKE, FERLO, BAKER, BOSCOLA, M. WHITE, STACK, TARTAGLIONE, WARD, WASHINGTON AND COSTA, JUNE 5, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, JUNE 30, 2009 |
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| AN ACT |
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1 | Amending Title 7 (Banks and Banking) of the Pennsylvania |
2 | Consolidated Statutes, in mortgage loan industry licensing |
3 | and consumer protection, further providing for scope, for |
4 | definitions, for license requirements, for exceptions to |
5 | license requirements, for general requirements, for powers of |
6 | licensees in mortgage loan business, for mortgage lending |
7 | authority and for license applications; providing for |
8 | prelicensing and continuing education; further providing for |
9 | license fees, for license issuance, for licensee |
10 | requirements, for administration and for sanctions; and |
11 | providing for procedure for determination of noncompliance |
12 | with Federal law. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 6101 of Title 7 of the Pennsylvania |
16 | Consolidated Statutes is amended to read: |
17 | § 6101. Scope [of chapter] and short title. |
18 | (a) Scope.--This chapter relates to mortgage loan industry |
19 | licensing and consumer protection. This chapter does not apply |
20 | to a banking institution or federally chartered or State- |
21 | chartered credit union, if the primary regulator of the banking |
22 | institution or federally or State-chartered credit union |
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1 | supervises the banking institution or federally or State- |
2 | chartered credit union. |
3 | (b) Short title.--This chapter shall be known and may be |
4 | cited as the Mortgage Licensing Act. |
5 | Section 2. The definitions of "branch," "finder's fee" or |
6 | "referral fee," "first mortgage loan," "mortgage originator," |
7 | "principal place of business," "secondary mortgage loan" and |
8 | "tangible net worth" in section 6102 of Title 7 are amended and |
9 | the section is amended by adding definitions to read: |
10 | § 6102. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | * * * |
15 | "Branch." An office or other place of business, other than |
16 | the principal place of business, [located in this Commonwealth |
17 | or any other state,] where a person engages in the mortgage loan |
18 | business subject to this chapter. |
19 | "Clerical or support duties." Any of the following: |
20 | (1) The receipt, collection, distribution and analysis |
21 | of information common for the processing or underwriting of a |
22 | mortgage loan. |
23 | (2) Communicating with a consumer to obtain the |
24 | information necessary for the processing or underwriting of a |
25 | mortgage loan, to the extent that the communication does not |
26 | include: |
27 | (i) offering or negotiating mortgage loan rates or |
28 | terms; or |
29 | (ii) counseling consumers about mortgage loan rates |
30 | or terms. |
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1 | * * * |
2 | "Dwelling." As defined in section 103(v) of the Truth in |
3 | Lending Act (Public Law 90-321, 15 U.S.C. § 1602(v)). |
4 | "Federal banking agency." Any of the following: |
5 | (1) The Board of Governors of the Federal Reserve |
6 | System. |
7 | (2) The Office of the Comptroller of the Currency. |
8 | (3) The Office of Thrift Supervision. |
9 | (4) The National Credit Union Administration. |
10 | (5) The Federal Deposit Insurance Corporation. |
11 | "Finder's [fee" or "referral] fee." Any payment of money or |
12 | other consideration for the referral of a mortgage loan to a |
13 | licensee, except for consideration paid for goods or facilities |
14 | actually furnished or services actually performed. |
15 | "First mortgage loan." A loan which is: |
16 | (1) made primarily for personal, family or household |
17 | use; and |
18 | (2) secured [in whole or in part by a] by any first lien |
19 | [upon any interest in real property created by a security |
20 | agreement, including a mortgage, indenture, deed of trust or |
21 | any other similar instrument or document, which real property |
22 | is used as a one-family to four-family dwelling, a portion of |
23 | which may be used for nonresidential purposes] mortgage, deed |
24 | of trust or equivalent consensual security interest on a |
25 | dwelling or on residential real estate. |
26 | * * * |
27 | "Immediate family." A parent, spouse, child, brother or |
28 | sister. |
29 | * * * |
30 | "Loan processor or underwriter." An individual who performs |
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1 | clerical or support duties as an employee at the direction of |
2 | and subject to the supervision and instruction of a person |
3 | licensed or exempt from licensing under this chapter. |
4 | * * * |
5 | "Mortgage originator." |
6 | (1) An individual [not licensed as a mortgage lender, |
7 | mortgage broker or loan correspondent under this chapter who |
8 | solicits, accepts or offers to accept mortgage loan |
9 | applications, or negotiates mortgage loan terms, in other |
10 | than a clerical or ministerial capacity and] who [is |
11 | personally in direct contact, in writing, including |
12 | electronic messaging, or by voice communication, with |
13 | consumers with regard to the solicitations, acceptances, |
14 | offers or negotiations. The term does not include directors, |
15 | partners or ultimate equitable owners of 10% or more of a |
16 | licensee.] takes a mortgage loan application or offers or |
17 | negotiates terms of a mortgage loan for compensation or gain. |
18 | (2) The term does not include any of the following: |
19 | (i) An individual engaged solely as a loan processor |
20 | or underwriter consistent with section 6112(8) (relating |
21 | to exceptions to license requirements). |
22 | (ii) A person or entity solely involved in |
23 | extensions of credit relating to timeshare plans. As used |
24 | in this paragraph, the term "timeshare plan" has the |
25 | meaning given in 11 U.S.C. § 101(53D) (relating to |
26 | definitions). |
27 | (3) Except as set forth in paragraph (4), the term does |
28 | not include an employee of a licensee or person exempt or |
29 | excepted from licensure under this chapter who solely |
30 | renegotiates terms for existing mortgage loans held or |
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1 | serviced by that licensee or person and who does not |
2 | otherwise act as a mortgage originator. |
3 | (4) The exclusion under paragraph (3) shall not apply if |
4 | the Department of Housing and Urban Development or a court of |
5 | competent jurisdiction determines that the S.A.F.E. Mortgage |
6 | Licensing Act of 2008 (110 Stat. 289, 12 U.S.C. § 5101 et |
7 | seq.) requires such an employee to be licensed as a mortgage |
8 | originator under state laws implementing the S.A.F.E. |
9 | Mortgage Licensing Act of 2008. This paragraph is subject to |
10 | section 6154 (relating to procedure for determination of |
11 | noncompliance with Federal law). |
12 | "Nationwide Mortgage Licensing System and Registry." The |
13 | licensing system developed and maintained by the Conference of |
14 | State Bank Supervisors and the American Association of |
15 | Residential Mortgage Regulators. |
16 | "Net worth." Assets less liabilities and assets unacceptable |
17 | to the United States Department of Housing and Urban Development |
18 | for purposes of complying with 24 CFR § 202.5(n) (relating to |
19 | general approval standards) or 202.8(b)(1) (relating to loan |
20 | correspondent lenders and mortgagees), as applicable. |
21 | "Nontraditional mortgage loan." A mortgage loan other than a |
22 | 30-year fixed rate mortgage loan. |
23 | * * * |
24 | "Principal place of business." The primary office of a |
25 | person [located in this Commonwealth,] which is staffed on a |
26 | full-time basis and at which the person's books, records, |
27 | accounts and documents are maintained. |
28 | "Registered mortgage loan originator." An individual who |
29 | complies with all of the following paragraphs: |
30 | (1) Meets the definition of mortgage originator and is |
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1 | an employee of: |
2 | (i) a banking institution or federally chartered or |
3 | State-chartered credit union; |
4 | (ii) a subsidiary owned and controlled by a |
5 | federally chartered or State-chartered credit union and |
6 | supervised by a Federal banking agency; or |
7 | (iii) an institution regulated by the Farm Credit |
8 | Administration. |
9 | (2) Is registered with and maintains a unique identifier |
10 | through the Nationwide Mortgage Licensing System and |
11 | Registry. |
12 | "Residential real estate." Real property upon which is |
13 | constructed or intended to be constructed a dwelling. |
14 | "Secondary mortgage loan." A loan which is: |
15 | (1) made primarily for personal, family or household |
16 | use; and |
17 | (2) secured [in whole or in part by a first] by any |
18 | secondary lien [upon any interest in real property created by |
19 | a security agreement, including a mortgage, indenture, deed |
20 | of trust or any other similar instrument or document, which |
21 | real property is subject to a prior lien and which is used as |
22 | a one-family to four-family dwelling, a portion of which may |
23 | be used for nonresidential purposes] mortgage, deed of trust |
24 | or equivalent consensual security interest on a dwelling or |
25 | on residential real estate. |
26 | * * * |
27 | "Service mortgage loan." A collecting or remitting payment |
28 | for another, or the right to collect or remit payments for |
29 | another, of principal, interest, tax, insurance or other payment |
30 | under a mortgage loan. |
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1 | ["Tangible net worth." Net worth less the following assets: |
2 | (1) That portion of any assets pledged to secure |
3 | obligations of any person other than that of the applicant. |
4 | (2) Any asset, except construction loan receivables |
5 | secured by first mortgages from related companies, due from |
6 | officers or stockholders of the applicant or related |
7 | companies in which the applicant's officers or stockholders |
8 | have an interest. |
9 | (3) That portion of the value of any marketable |
10 | security, listed or unlisted, not shown at the lower of the |
11 | cost or market value, except for any shares of Federal |
12 | National Mortgage Association stock required to be held under |
13 | a servicing agreement, which are carried at cost. |
14 | (4) Any amount in excess of the lower of the cost or |
15 | market value of mortgages in foreclosures, construction loans |
16 | or foreclosed property acquired by the applicant through |
17 | foreclosure. |
18 | (5) Any investment shown on the balance sheet in the |
19 | applicant's joint ventures, subsidiaries, affiliates or |
20 | related companies which is greater than the value of the |
21 | assets at equity. |
22 | (6) Goodwill. |
23 | (7) The value placed on insurance renewals or property |
24 | management contract renewals or other similar intangibles of |
25 | the applicant. |
26 | (8) Organization costs of the applicant. |
27 | (9) The value of any servicing contracts held by the |
28 | applicant not determined in accordance with the American |
29 | Institute of Certified Public Accountants Statement of |
30 | Position 76-2, dated August 25, 1976, or subsequent revisions |
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1 | thereto. |
2 | (10) Any real estate held for investment where |
3 | development will not start within two years from the date of |
4 | its initial acquisition. |
5 | (11) Any leasehold improvements not being amortized over |
6 | the lesser of the expected life of the asset or the remaining |
7 | term of the lease. |
8 | (12) Any fees paid or collected which are not |
9 | recoverable through the closing or selling of loans.] |
10 | "Unique identifier." A number or other identifier assigned |
11 | by the Nationwide Mortgage Licensing System and Registry. |
12 | * * * |
13 | Section 3. Sections 6111(a) and (b) and 6112(2), (3), (4), |
14 | (5), (6), (7), (8), (9), (10), (11) and (12) of Title 7 are |
15 | amended to read: |
16 | § 6111. License requirements. |
17 | (a) General rule.--Except as provided under subsections (b) |
18 | and (c) and section 6112 (relating to exceptions to license |
19 | requirements), on and after the effective date of this section, |
20 | no person shall engage in the mortgage loan business in this |
21 | Commonwealth without being licensed as a mortgage broker, |
22 | mortgage lender, mortgage loan correspondent or mortgage |
23 | originator as provided under this chapter. A mortgage originator |
24 | may not engage in the mortgage loan business unless the mortgage |
25 | originator is employed and supervised by a licensed mortgage |
26 | broker, mortgage lender or mortgage loan correspondent, person |
27 | excepted from this chapter or person excepted from licensure |
28 | under section 6112. |
29 | (b) Licensed activity exceptions.-- |
30 | (1) A mortgage lender may act as a mortgage broker or |
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1 | mortgage loan correspondent without a separate mortgage |
2 | broker or mortgage loan correspondent license [and, if |
3 | licensed as an individual, may perform the services of a |
4 | mortgage originator without a separate mortgage originator |
5 | license]. |
6 | (2) A mortgage loan correspondent may act as a mortgage |
7 | broker without a separate mortgage broker license [and, if |
8 | licensed as an individual, may perform the services of a |
9 | mortgage originator without a separate mortgage originator |
10 | license]. |
11 | (3) A person licensed as a mortgage broker may only |
12 | perform the services of a mortgage broker. [If a mortgage |
13 | broker is licensed as an individual, a mortgage broker may |
14 | perform the services of a mortgage originator without a |
15 | separate mortgage originator license.] |
16 | * * * |
17 | § 6112. Exceptions to license requirements. |
18 | The following persons shall not be required to be licensed |
19 | under this chapter in order to conduct the mortgage loan |
20 | business: |
21 | * * * |
22 | (2) An attorney [authorized to practice law in this |
23 | Commonwealth] at law not otherwise engaged in or holding |
24 | himself or herself out to the public as being engaged in the |
25 | mortgage loan business who acts as a mortgage broker or a |
26 | mortgage originator in negotiating or placing a mortgage loan |
27 | in the normal course of legal practice. The exception under |
28 | this paragraph shall not apply if the attorney is compensated |
29 | by any of the following: |
30 | (i) A mortgage broker. |
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1 | (ii) A mortgage lender. |
2 | (iii) A mortgage loan correspondent. |
3 | (iv) A person excepted from licensure under this |
4 | section. |
5 | (v) A mortgage originator. |
6 | (vi) An agent of a person listed in subparagraphs |
7 | (i) through (v). |
8 | (3) A person who [either originates,] offers or |
9 | negotiates [or services less than three mortgage loans in a |
10 | calendar year in this Commonwealth, unless the person is |
11 | otherwise deemed to be engaged in the mortgage loan business |
12 | by the department] terms of a mortgage loan with or on behalf |
13 | of or makes a mortgage loan to a member of the person's |
14 | immediate family. |
15 | (4) Any agency or instrumentality of the Federal |
16 | Government or a corporation otherwise created by an act of |
17 | the United States Congress, including the Federal National |
18 | Mortgage Association, the Government National Mortgage |
19 | Association, the Veterans' Administration, the Federal Home |
20 | Loan Mortgage Corporation and the Federal Housing |
21 | Administration. To qualify for the exception under this |
22 | paragraph, the agency or instrumentality must: |
23 | (i) in the same manner as a mortgage lender, obtain |
24 | and maintain bond coverage for mortgage originators |
25 | consistent with section 6131(c)(5) (relating to |
26 | application for license) and file an annual report |
27 | consistent with section 6135(a)(3) (relating to licensee |
28 | requirements); or |
29 | (ii) annually, in a form acceptable to the |
30 | department, demonstrate to the department that all of the |
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1 | mortgage originators employed by the agency or |
2 | instrumentality have obtained and maintained the bond |
3 | coverage required by section 6131(f)(4). |
4 | (5) Any agency or instrumentality of a state or local |
5 | government, the District of Columbia or any territory of the |
6 | United States, including the Pennsylvania Housing Finance |
7 | Agency and other government housing finance agencies. To |
8 | qualify for the exception under this paragraph, the agency or |
9 | instrumentality must: |
10 | (i) in the same manner as a mortgage lender, obtain |
11 | and maintain bond coverage for mortgage originators |
12 | consistent with section 6131(c)(5) and file an annual |
13 | report consistent with section 6135(a)(3); or |
14 | (ii) annually, in a form acceptable to the |
15 | department, demonstrate to the department that all of the |
16 | mortgage originators employed by the agency or |
17 | instrumentality have obtained and maintained the bond |
18 | coverage required by section 6131(f)(4). |
19 | (6) Consumer discount companies, except that a consumer |
20 | discount company that acts as a mortgage broker, mortgage |
21 | lender or mortgage loan correspondent other than under the |
22 | provisions of the act of April 8, 1937 (P.L.262, No.66), |
23 | known as the Consumer Discount Company Act, shall be subject |
24 | to the provisions of Subchapter C (relating to mortgage loan |
25 | business restrictions and requirements) and sections 6131(c) |
26 | (2) [and], (3) [(relating to application for license), 6135 |
27 | (relating to licensee requirements)] and (5), 6138 (relating |
28 | to authority of department) and 6140(b) (relating to |
29 | penalties). Employees of licensees under the Consumer |
30 | Discount Company Act that act as mortgage originators shall |
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1 | be subject to the licensing requirements of this chapter. |
2 | Consumer discount companies that employ mortgage originators |
3 | shall be subject to the same requirements as mortgage lenders |
4 | in regard to the employment and supervision of mortgage |
5 | originators. |
6 | (7) [Except for consumer discount companies, affiliates] |
7 | Affiliates of banking institutions and subsidiaries and |
8 | affiliates of federally chartered or State-chartered credit |
9 | unions[, except that such]. The exception under this |
10 | paragraph does not apply to consumer discount companies. |
11 | Notwithstanding the exception under this paragraph, |
12 | subsidiaries and affiliates of federally chartered or State- |
13 | chartered credit unions and affiliates of banking |
14 | institutions shall: |
15 | (i) be subject to the provisions of Subchapter C and |
16 | sections 6135(a)(2), (3) and (4), (b) and (c), 6138 and |
17 | 6140(b); |
18 | (ii) deliver as required to the department annually |
19 | copies of financial reports made to all supervisory |
20 | agencies; [and] |
21 | (iii) be registered with the department; and |
22 | (iv) with the exception of subsidiaries of federally |
23 | chartered or State-chartered credit unions, in the same |
24 | manner as a mortgage lender, obtain and maintain bond |
25 | coverage for mortgage originators consistent with section |
26 | 6131(c)(5). |
27 | (8) Employees of a mortgage broker, mortgage lender or |
28 | mortgage loan correspondent, [to the extent that the |
29 | employees] or a person excepted from licensure under this |
30 | section who: |
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1 | (i) engage solely in loan processor or underwriter |
2 | activities, and do not represent to the public, through |
3 | advertising or other means of communicating or providing |
4 | information, including the use of business cards, |
5 | stationery, brochures, signs, rate lists or other |
6 | promotional items, that they can or will perform any of |
7 | the activities of a mortgage originator; or |
8 | (ii) are not otherwise required to be licensed as |
9 | mortgage originators. |
10 | (9) [Employees of excepted persons enumerated under this |
11 | section, unless otherwise provided under this subsection.] |
12 | Registered mortgage loan originators when acting on behalf of |
13 | their employers. |
14 | [(10) A person that makes a mortgage loan to the | <-- |
15 | person's employee as an employment benefit if the person does |
16 | not hold itself out to the public as a mortgage lender.] To | <-- |
17 | qualify for the exception under this paragraph, the person |
18 | must: |
19 | (i) in the same manner as a mortgage lender, obtain |
20 | and maintain bond coverage for mortgage originators |
21 | consistent with section 6131(c)(5) and file an annual |
22 | report consistent with section 6135(a)(3); or |
23 | (ii) annually, in a form acceptable to the |
24 | department, demonstrate to the department that all of the |
25 | mortgage originators employed by the person have obtained |
26 | and maintained the bond coverage required by section |
27 | 6131(f)(4). |
28 | (11) Nonprofit corporations not otherwise engaged in or |
29 | holding themselves out to the public as being engaged in the |
30 | mortgage loan business making mortgage loans to promote home |
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1 | ownership or improvements for the disadvantaged. To qualify |
2 | for the exception under this paragraph, the nonprofit |
3 | corporation must: |
4 | (i) in the same manner as a mortgage lender, obtain |
5 | and maintain bond coverage for mortgage originators |
6 | consistent with section 6131(c)(5) and file an annual |
7 | report consistent with section 6135(a)(3); or |
8 | (ii) annually, in a form acceptable to the |
9 | department, demonstrate to the department that all of the |
10 | mortgage originators employed by the nonprofit |
11 | corporation have obtained and maintained the bond |
12 | coverage required by section 6131(f)(4). |
13 | (12) A nonprofit corporation not otherwise engaged in or |
14 | holding itself out to the public as being engaged in the |
15 | mortgage loan business which meets all of the following |
16 | subparagraphs: |
17 | (i) Does not make more than 12 mortgage loans in a |
18 | calendar year with its own funds, not including funds |
19 | borrowed through warehouse lines of credit or other |
20 | sources for the purpose of making mortgage loans. |
21 | (ii) Makes mortgage loans which are retained in the |
22 | corporation's own portfolios and not regularly sold to |
23 | others and are made to promote and advance the cultural |
24 | traditions and lifestyles of bona fide religious |
25 | organizations. |
26 | (iii) Does either of the following: |
27 | (A) In the same manner as a mortgage lender, |
28 | obtains and maintains bond coverage for mortgage |
29 | originators consistent with section 6131(c)(5) and |
30 | files an annual report consistent with section |
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1 | 6135(a)(3). |
2 | (B) Annually, in a form acceptable to the |
3 | department, demonstrates to the department that all |
4 | of the mortgage originators employed by the nonprofit |
5 | corporation have obtained and maintained the bond |
6 | coverage required by section 6131(f)(4). |
7 | Section 4. Section 6121 of Title 7 is amended by adding a |
8 | paragraph to read: |
9 | § 6121. General requirements. |
10 | A licensee shall do all of the following: |
11 | * * * |
12 | (14) In the case of a mortgage originator, clearly |
13 | display the mortgage originator's unique identifier on all |
14 | mortgage loan application forms and personal solicitations or |
15 | advertisements, including business cards. |
16 | Section 5. Section 6122(a)(1) of Title 7 is amended and the |
17 | subsection is amended by adding paragraphs to read: |
18 | § 6122. Powers conferred on certain licensees engaged in the |
19 | mortgage loan business. |
20 | (a) Mortgage lenders.--If they are in compliance with the |
21 | provisions of this chapter, mortgage lenders shall have the |
22 | power and authority: |
23 | (1) To make first and secondary mortgage loans and, |
24 | subject to the limitations of this chapter, to charge and |
25 | collect [application] interest, origination fees and |
26 | delinquency charges for the loans. |
27 | * * * |
28 | (6) To collect reasonable attorney fees of an attorney |
29 | at law upon the execution of the mortgage loan if the fees: |
30 | (i) represent actual fees charged the licensee in |
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1 | connection with the mortgage loan; and |
2 | (ii) are evidenced by a statement for services |
3 | rendered addressed to the licensee; and |
4 | (iii) are included in the principal of the mortgage |
5 | loan. |
6 | (7) To collect reasonable attorney fees of an attorney |
7 | at law in the collection of a delinquent mortgage loan and to |
8 | collect court costs incurred in the collection of the |
9 | mortgage loan. |
10 | * * * |
11 | Section 6. Section 6125(b)(2)(ii) of Title 7 is amended to |
12 | read: |
13 | § 6125. Mortgage lending authority. |
14 | * * * |
15 | (b) Secondary mortgage loans.--Mortgage lenders engaged in |
16 | the secondary mortgage loan business may: |
17 | * * * |
18 | (2) * * * |
19 | (ii) charge and collect an [application] origination |
20 | fee not exceeding 3% of the original principal amount of |
21 | the secondary mortgage loan. The fee shall be fully |
22 | earned at the time the secondary mortgage loan is made |
23 | and may be added to the principal amount of the secondary |
24 | mortgage loan. No [application] origination fee may be |
25 | collected on subsequent advances made pursuant to an |
26 | open-end loan if the full fee of 3% of the credit limit |
27 | was collected at the time the open-end loan was made; |
28 | [or] and |
29 | * * * |
30 | Section 7. Section 6131(a) introductory paragraph, (c)(3), |
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1 | (d), (e)(2), (f), (g), (h) and (i)(1) of Title 7 are amended, |
2 | subsections (c) and (e) are amended by adding paragraphs and the |
3 | section is amended by adding a subsection to read: |
4 | § 6131. Application for license. |
5 | (a) Contents.--An application for a license under this |
6 | chapter shall be on a form prescribed and provided by the |
7 | department. Consistent with sections 202 E and 405 F(1) of the |
8 | act of May 15, 1933 (P.L.565, No.111), known as the Department |
9 | of Banking Code, all applicants and licensees shall use the |
10 | Nationwide Mortgage Licensing System and Registry to obtain and |
11 | maintain licenses under this chapter. |
12 | * * * |
13 | (c) Mortgage lender license.--The department shall issue a |
14 | mortgage lender license applied for under this chapter if the |
15 | applicant has: |
16 | * * * |
17 | (3) Established a minimum [tangible] net worth of |
18 | $250,000 at the time of application and will, at all times |
19 | thereafter, maintain the minimum [tangible] net worth. |
20 | * * * |
21 | (5) Obtained and will maintain a surety bond in an |
22 | amount that will provide coverage for the mortgage |
23 | originators employed by the applicant or licensee, in a form |
24 | acceptable to the department, prior to the issuance of the |
25 | license, from a surety company authorized to do business in |
26 | this Commonwealth. The following shall apply: |
27 | (i) The amount of the bond shall be: |
28 | (A) $100,000 for an applicant or licensee whose |
29 | mortgage originators will originate or originated |
30 | less than $30,000,000 in mortgage loans secured by |
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1 | Pennsylvania real property in a calendar year; |
2 | (B) $200,000 for an applicant or licensee whose |
3 | mortgage originators will originate or originated |
4 | $30,000,000 to $99,999,999.99 in mortgage loans |
5 | secured by Pennsylvania real property in a calendar |
6 | year; |
7 | (C) $300,000 for an applicant or licensee whose |
8 | mortgage originators will originate or originated |
9 | $100,000,000 to $249,999,999.99 in mortgage loans |
10 | secured by Pennsylvania real property in a calendar |
11 | year; and |
12 | (D) $500,000 for an applicant or licensee whose |
13 | mortgage originators will originate or originated |
14 | $250,000,000 or more in mortgage loans secured by |
15 | Pennsylvania real property in a calendar year. |
16 | (ii) For an initial license applicant, the amount of |
17 | the bond shall be determined by the applicant's |
18 | anticipated amount of mortgage loans secured by |
19 | Pennsylvania residential real estate originated by its |
20 | mortgage originators in the first calendar year of |
21 | licensing. For a licensee, the amount of the bond shall |
22 | be determined annually by the department based upon the |
23 | amount of mortgage loans secured by Pennsylvania |
24 | residential real estate originated by the licensee's |
25 | mortgage originators as indicated on the licensee's |
26 | annual report. |
27 | (iii) The bond shall run to the Commonwealth and |
28 | shall be for the use of the Commonwealth and for the use |
29 | of any consumer who is injured by the acts or omissions |
30 | of the licensee's mortgage originators that are related |
|
1 | to the mortgage loan business regulated by this chapter. |
2 | No bond shall comply with the requirements of this |
3 | section unless it contains a provision that it shall not |
4 | be canceled for any cause unless notice of intention to |
5 | cancel is given to the department at least 30 days before |
6 | the day upon which cancellation shall take effect. |
7 | Cancellation of the bond shall not invalidate the bond |
8 | regarding the period of time it was in effect. |
9 | (d) Mortgage loan correspondent license.--The department |
10 | shall issue a loan correspondent's license applied for under |
11 | this chapter if the applicant: |
12 | (1) Obtains and will maintain a bond in the amount of |
13 | $100,000, in a form acceptable to the department, prior to |
14 | the issuance of the license, from a surety company authorized |
15 | to do business in this Commonwealth. The bond shall run to |
16 | the Commonwealth and shall be for the use of the Commonwealth |
17 | and any person or persons who obtain a judgment against the |
18 | mortgage loan correspondent for failure to carry out the |
19 | terms of any provision for which advance fees are paid. No |
20 | bond shall comply with the requirements of this section |
21 | unless it contains a provision that it shall not be canceled |
22 | for any cause unless notice of intention to cancel is given |
23 | to the department at least 30 days before the day upon which |
24 | cancellation shall take effect. A mortgage loan correspondent |
25 | who can demonstrate to the satisfaction of the department |
26 | that the correspondent does not and will not accept advance |
27 | fees shall be exempt from the bond requirement of this |
28 | paragraph. |
29 | (2) Establishes a minimum [tangible] net worth of |
30 | $100,000 at the time of application and will, at all times |
|
1 | thereafter, maintain the minimum [tangible] net worth. |
2 | (3) Obtains and will maintain a surety bond in an amount |
3 | that will provide coverage for the mortgage originators |
4 | employed by the applicant or licensee, in a form acceptable |
5 | to the department, prior to the issuance of the license, from |
6 | a surety company authorized to do business in this |
7 | Commonwealth. The following shall apply: |
8 | (i) The amount of the bond shall be $100,000 for an |
9 | applicant or licensee whose mortgage originators will |
10 | originate or originated less than $30,000,000 in mortgage |
11 | loans secured by Pennsylvania residential real estate in |
12 | a calendar year, $200,000 for an applicant or licensee |
13 | whose mortgage originators will originate or originated |
14 | $30,000,000 to $99,999,999.99 in mortgage loans secured |
15 | by Pennsylvania residential real estate in a calendar |
16 | year, $300,000 for an applicant or licensee whose |
17 | mortgage originators will originate or originated |
18 | $100,000,000 to $249,999,999.99 in mortgage loans secured |
19 | by Pennsylvania residential real estate in a calendar |
20 | year and $500,000 for an applicant or licensee whose |
21 | mortgage originators will originate or originated |
22 | $250,000,000 or more in mortgage loans secured by |
23 | Pennsylvania residential real estate in a calendar year. |
24 | (ii) For an initial license applicant, the amount of |
25 | the bond shall be determined by the applicant's |
26 | anticipated amount of mortgage loans secured by |
27 | Pennsylvania residential real estate originated by its |
28 | mortgage originators in the first calendar year of |
29 | licensing. For a licensee, the amount of the bond shall |
30 | be determined annually by the department based upon the |
|
1 | amount of mortgage loans secured by Pennsylvania |
2 | residential real estate originated by the licensee's |
3 | mortgage originators as indicated on the licensee's |
4 | annual report. |
5 | (iii) The bond shall run to the Commonwealth and |
6 | shall be for the use of the Commonwealth and for the use |
7 | of any consumer who is injured by the acts or omissions |
8 | of the licensee's mortgage originators that are related |
9 | to the mortgage loan business regulated by this chapter. |
10 | No bond shall comply with the requirements of this |
11 | section unless it contains a provision that it shall not |
12 | be canceled for any cause unless notice of intention to |
13 | cancel is given to the department at least 30 days before |
14 | the day upon which cancellation shall take effect. |
15 | Cancellation of the bond shall not invalidate the bond |
16 | regarding the period of time it was in effect. |
17 | (e) Mortgage broker license.-- |
18 | * * * |
19 | (2) Mortgage brokers who can demonstrate to the |
20 | satisfaction of the department that they do not and will not |
21 | accept advance fees shall be exempt from the bond requirement |
22 | of [this subsection] paragraph (1). |
23 | (3) A mortgage broker shall obtain and maintain a surety |
24 | bond in an amount that will provide coverage for the mortgage |
25 | originators employed by the applicant or licensee, in a form |
26 | acceptable to the department, prior to the issuance of the |
27 | license, from a surety company authorized to do business in |
28 | this Commonwealth. The following shall apply: |
29 | (i) The amount of the bond shall be $50,000 for an |
30 | applicant or licensee whose mortgage originators will |
|
1 | originate or originated less than $15,000,000 in mortgage |
2 | loans secured by Pennsylvania residential real estate in |
3 | a calendar year, $75,000 for an applicant or licensee |
4 | whose mortgage originators will originate or originated |
5 | $15,000,000 to $29,999,999.99 in mortgage loans secured |
6 | by Pennsylvania residential real estate in a calendar |
7 | year, $100,000 for an applicant or licensee whose |
8 | mortgage originators will originate or originated |
9 | $30,000,000 to $49,999,999.99 in mortgage loans secured |
10 | by Pennsylvania residential real estate in a calendar |
11 | year, and $150,000 for an applicant or licensee whose |
12 | mortgage originators will originate or originated |
13 | $50,000,000 or more in mortgage loans secured by |
14 | Pennsylvania residential real estate in a calendar year. |
15 | (ii) For an initial license applicant, the amount of |
16 | the bond shall be determined by the applicant's |
17 | anticipated amount of mortgage loans secured by |
18 | Pennsylvania residential real estate originated by its |
19 | mortgage originators in the first calendar year of |
20 | licensing. For a licensee, the amount of the bond shall |
21 | be determined annually by the department based upon the |
22 | amount of mortgage loans secured by Pennsylvania |
23 | residential real estate originated by the licensee's |
24 | mortgage originators as indicated on the licensee's |
25 | annual report. |
26 | (iii) The bond shall run to the Commonwealth and |
27 | shall be for the use of the Commonwealth and for the use |
28 | of any consumer who is injured by the acts or omissions |
29 | of the licensee's mortgage originators that are related |
30 | to the mortgage loan business regulated by this chapter. |
|
1 | No bond shall comply with the requirements of this |
2 | section unless it contains a provision that it shall not |
3 | be canceled for any cause unless notice of intention to |
4 | cancel is given to the department at least 30 days before |
5 | the day upon which cancellation shall take effect. |
6 | Cancellation of the bond shall not invalidate the bond |
7 | regarding the period of time it was in effect. |
8 | (f) Mortgage originator license.--[A mortgage originator |
9 | shall be an employee of a single mortgage broker, mortgage |
10 | lender or mortgage loan correspondent licensed under this |
11 | chapter, which licensee shall directly supervise, control and |
12 | maintain responsibility for the acts and omissions of the |
13 | mortgage originator. A mortgage originator shall be assigned to |
14 | and work out of a licensed location of the employer licensee.] A |
15 | mortgage originator shall do all of the following: |
16 | (1) Be an employee of a single licensed mortgage broker, |
17 | mortgage lender or mortgage loan correspondent, a person |
18 | excepted from this chapter or a person excepted from |
19 | licensure under section 6112 (relating to exceptions to |
20 | license requirements). The licensee or person shall directly |
21 | supervise, control and maintain responsibility for the acts |
22 | and omissions of the mortgage originator. |
23 | (2) Be assigned to and work out of a licensed location |
24 | of the employer licensee or a location of an employer person |
25 | excepted from this chapter or excepted from licensure under |
26 | section 6112. |
27 | (3) Maintain a valid unique identifier issued by the |
28 | Nationwide Mortgage Licensing System and Registry. |
29 | (4) If a person excepted from this chapter or excepted |
30 | from licensure under section 6112 does not elect to maintain |
|
1 | bond coverage for its mortgage originators in the same manner |
2 | as a mortgage lender, a mortgage originator employed by a |
3 | person excepted from this chapter or excepted from licensure |
4 | under section 6112 shall obtain and maintain a surety bond in |
5 | an amount that will provide coverage for the mortgage |
6 | originator, in a form acceptable to the department, prior to |
7 | the issuance of the license, from a surety company authorized |
8 | to do business in this Commonwealth. The following shall |
9 | apply: |
10 | (i) The amount of the bond shall be $25,000 for an |
11 | applicant or licensee who will originate or originated |
12 | less than $7,500,000 in mortgage loans secured by |
13 | Pennsylvania residential real estate in a calendar year, |
14 | $50,000 for an applicant or licensee who will originate |
15 | or originated $7,500,000 to $14,999,999.99 in mortgage |
16 | loans secured by Pennsylvania residential real estate in |
17 | a calendar year, $75,000 for an applicant or licensee who |
18 | will originate or originated $15,000,000 to |
19 | $29,999,999.99 in mortgage loans secured by Pennsylvania |
20 | residential real estate in a calendar year, $100,000 for |
21 | an applicant or licensee who will originate or originated |
22 | $30,000,000 to $49,999,999.99 in mortgage loans secured |
23 | by Pennsylvania residential real estate in a calendar |
24 | year and $150,000 for an applicant or licensee who will |
25 | originate or originated $50,000,000 or more in mortgage |
26 | loans secured by Pennsylvania residential real estate in |
27 | a calendar year. |
28 | (ii) For an initial license applicant, the amount of |
29 | the bond shall be determined by the applicant's |
30 | anticipated amount of mortgage loans secured by |
|
1 | Pennsylvania residential real estate originated in the |
2 | first calendar year of licensing. For a licensee, the |
3 | amount of the bond shall be determined annually by the |
4 | department based upon the amount of mortgage loans |
5 | secured by Pennsylvania residential real estate |
6 | originated by the mortgage originator as indicated on the |
7 | mortgage originator's annual report. |
8 | (iii) The bond shall run to the Commonwealth and |
9 | shall be for the use of the Commonwealth and for the use |
10 | of any consumer who is injured by the acts or omissions |
11 | of the mortgage originator that are related to the |
12 | mortgage loan business regulated by this chapter. No bond |
13 | shall comply with the requirements of this section unless |
14 | it contains a provision that it shall not be canceled for |
15 | any cause unless notice of intention to cancel is given |
16 | to the department at least 30 days before the day upon |
17 | which cancellation shall take effect. Cancellation of the |
18 | bond shall not invalidate the bond regarding the period |
19 | of time it was in effect. |
20 | [(g) Education.-- |
21 | (1) In order to obtain a license under this chapter, an |
22 | applicant shall submit to the department with its application |
23 | evidence that the applicant, in the case of a mortgage |
24 | originator applicant, or a director, partner or ultimate |
25 | equitable owner of at least 10% of a licensee, in the case of |
26 | any other license applicant, has successfully completed a |
27 | minimum of 12 hours of instruction and a testing program |
28 | regarding the first and secondary mortgage loan businesses |
29 | and the provisions of this chapter, the act of January 30, |
30 | 1974 (P.L.13, No.6), referred to as the Loan Interest and |
|
1 | Protection Law (Usury Law) and relevant Federal law including |
2 | the Real Estate Settlement Procedures Act of 1974 (88 Stat. |
3 | 1724, 12 U.S.C. § 2601 et seq.), Truth in Lending provisions |
4 | of Title I of the Consumer Credit Protection Act (Public Law |
5 | 90-321, 15 U.S.C. § 1601 et seq.) and the Equal Credit |
6 | Opportunity Act (Public Law 93-495, 15 U.S.C. § 1691 et |
7 | seq.). |
8 | (2) In order to maintain a license: |
9 | (i) A mortgage broker, mortgage lender or mortgage |
10 | loan correspondent shall demonstrate to the satisfaction |
11 | of the department that at least one individual from each |
12 | licensed office that is not a mortgage originator, and |
13 | all mortgage originators employed by the licensee, have |
14 | attended a minimum of six hours of continuing education |
15 | each year. |
16 | (ii) A mortgage originator licensee shall |
17 | demonstrate to the satisfaction of the department that |
18 | the licensee has attended a minimum of six hours of |
19 | continuing education each year. |
20 | (3) The department shall delineate the requirements for |
21 | prequalification education and testing and continuing |
22 | education by regulation. The department may review and |
23 | approve education programs and providers to satisfy the |
24 | education requirements. Providers of prequalification |
25 | education and testing and continuing education programs may |
26 | include the licensee or a subsidiary or affiliate of the |
27 | licensee. The department may charge providers of education |
28 | programs a fee, to be determined by the department, for |
29 | department review of education programs and providers.] |
30 | (g) Nationwide Mortgage Licensing System and Registry |
|
1 | information challenge process.--A mortgage originator applicant |
2 | or licensee may challenge the accuracy of information entered by |
3 | the department to the Nationwide Mortgage Licensing System and |
4 | Registry regarding the mortgage originator applicant or licensee |
5 | by filing a written complaint with the department. The |
6 | department shall review the complaint and alleged inaccurate |
7 | information on the Nationwide Mortgage Licensing System and |
8 | Registry and notify the applicant or licensee of corrective |
9 | action taken by the department regarding the alleged inaccurate |
10 | information within 30 days of receipt of the complaint. |
11 | (h) License renewals.--Licenses shall be issued for terms of |
12 | 12 months and may be renewed by the department each year on a |
13 | schedule set by the department upon application by the licensee |
14 | and the payment of any and all applicable renewal fees. The |
15 | licensee shall demonstrate to the department that it is |
16 | conducting the mortgage loan business in accordance with the |
17 | requirements of this chapter and that the licensee or directors, |
18 | officers, partners, employees, agents and ultimate equitable |
19 | owners of 10% or more of the licensee continue to meet all of |
20 | the initial requirements for licensure required by this chapter |
21 | unless otherwise determined by the department. |
22 | (i) Out-of-State applicants.-- |
23 | (1) If an applicant is not a resident of this |
24 | Commonwealth, as a condition to receiving a license under |
25 | this chapter, the applicant shall be authorized to do |
26 | business in this Commonwealth in accordance with the laws of |
27 | this Commonwealth regulating corporations and other entities |
28 | conducting business in this Commonwealth and shall maintain |
29 | at least one office [in this Commonwealth] which is the |
30 | office that shall be licensed as the principal place of |
|
1 | business for the purposes of this chapter. [Wholesale table |
2 | funders shall be exempt from the requirement to maintain at |
3 | least one office in this Commonwealth.] |
4 | * * * |
5 | (j) Disclosure of mortgage originator information.-- |
6 | Notwithstanding section 302 of the act of May 15, 1933 (P.L.565, |
7 | No.111), known as the Department of Banking Code, the department |
8 | shall make available to the public, including by access to the |
9 | Nationwide Mortgage Licensing System and Registry, the |
10 | employment history of a mortgage originator. |
11 | Section 8. Title 7 is amended by adding a section to read: |
12 | § 6131.1. Prelicensing and continuing education. |
13 | (a) General requirements.-- |
14 | (1) Applicants shall complete prelicensing education |
15 | required under subsection (b) and pass a written test |
16 | regarding the education under subsection (c) in order to |
17 | obtain a license under this chapter. |
18 | (2) Licensees shall complete continuing education |
19 | required under subsection (d) in order to renew a license |
20 | under this chapter. |
21 | (b) Prelicensing education.-- |
22 | (1) A mortgage originator applicant and at least one |
23 | partner or ultimate equitable owner of 10% or more of an |
24 | applicant other than a mortgage originator applicant, shall |
25 | complete at least 20 hours of education programs approved in |
26 | accordance with paragraph (2), which shall include all of the |
27 | following: |
28 | (i) Three hours of Federal law and regulations. |
29 | (ii) Three hours of ethics, which shall include |
30 | instruction on fraud, consumer protection and fair |
|
1 | lending issues. |
2 | (iii) Two hours of training related to lending |
3 | standards for the nontraditional mortgage loan |
4 | marketplace. |
5 | (iv) Three hours of Pennsylvania law and |
6 | regulations, including this chapter, the act of December |
7 | 3, 1959 (P.L.1688, No.621), known as the Housing Finance |
8 | Agency Law and the act of January 30, 1974 (P.L.13, |
9 | No.6), referred to as the Loan Interest and Protection |
10 | Law. |
11 | (2) Prelicensing education programs shall be reviewed |
12 | and approved by the Nationwide Mortgage Licensing System and |
13 | Registry or as otherwise determined by the department based |
14 | upon reasonable standards. Review and approval of a |
15 | prelicensing education program shall include review and |
16 | approval of the program provider. |
17 | (3) A prelicensing education program approved by the |
18 | Nationwide Mortgage Licensing System and Registry or as |
19 | otherwise determined by the department may be provided by the |
20 | employer of the applicant or an entity which is affiliated |
21 | with the applicant by an agency contract, or any subsidiary |
22 | or affiliate of such employer or entity. |
23 | (4) Prelicensing education programs may be offered |
24 | either in a classroom, online or by any other means approved |
25 | by the Nationwide Mortgage Licensing System and Registry or |
26 | as otherwise determined by the department. |
27 | (5) Except for prelicensing education programs under |
28 | paragraph (1)(iv), prelicensing education programs approved |
29 | by the Nationwide Mortgage Licensing System and Registry or |
30 | as otherwise determined by the department and completed for |
|
1 | another state license application shall be accepted as credit |
2 | toward completion of the prelicensing education requirements |
3 | of this chapter if the education programs have been |
4 | successfully completed within the 12 months immediately |
5 | preceding the date of the submission of the applicant's |
6 | license application. |
7 | (6) An applicant that was previously licensed under this |
8 | chapter that is applying to become licensed again under this |
9 | chapter must demonstrate that the applicant has completed all |
10 | of the continuing education requirements for the year in |
11 | which the applicant was last licensed under this chapter. |
12 | (c) Prelicensing written test.-- |
13 | (1) A mortgage originator applicant and at least one |
14 | partner or ultimate equitable owner of 10% or more of an |
15 | applicant other than a mortgage originator applicant, shall |
16 | pass, in accordance with the standards established under this |
17 | subsection, a qualified written test developed by the |
18 | Nationwide Mortgage Licensing System and Registry and |
19 | administered by a test provider approved by the Nationwide |
20 | Mortgage Licensing System and Registry based upon reasonable |
21 | standards. The portion of the test regarding Pennsylvania- |
22 | specific law shall be administered by a test provider |
23 | approved by the department or as otherwise determined by the |
24 | department under subsection (e). |
25 | (2) A written test shall not be treated as a qualified |
26 | written test for purposes of paragraph (1) unless the test |
27 | adequately measures the applicant's knowledge and |
28 | comprehension in appropriate subject areas, including: |
29 | (i) Ethics. |
30 | (ii) Federal law and regulation pertaining to |
|
1 | mortgage origination. |
2 | (iii) Pennsylvania law and regulation pertaining to |
3 | mortgage origination. |
4 | (iv) Federal and Pennsylvania law and regulation |
5 | related to fraud, consumer protection, the nontraditional |
6 | mortgage marketplace and fair lending issues. |
7 | (3) A test provider approved by the Nationwide Mortgage |
8 | Licensing System and Registry or as otherwise determined by |
9 | the department may provide a test at the location of the |
10 | employer of the applicant or an entity which is affiliated |
11 | with the applicant by an agency contract, or any subsidiary |
12 | or affiliate of the employer or entity. |
13 | (4) (i) An applicant shall not be considered to have |
14 | passed a qualified written test unless the individual |
15 | achieves a test score of not less than 75% correct |
16 | answers to questions. |
17 | (ii) An applicant may retake a test three |
18 | consecutive times with each consecutive taking occurring |
19 | at least 30 days after the preceding test. |
20 | (iii) After failing three consecutive tests, an |
21 | applicant shall wait at least six months before taking |
22 | the test again. |
23 | (iv) A formerly licensed mortgage originator |
24 | applicant who has been unlicensed for five continuous |
25 | years or longer shall retake a test. Any time during |
26 | which the individual is a registered mortgage loan |
27 | originator shall not be counted toward the five-year |
28 | continuous period. |
29 | (d) Continuing education.-- |
30 | (1) A licensee who is a mortgage originator or one |
|
1 | individual from each licensed office of a mortgage broker, |
2 | mortgage lender or mortgage loan correspondent that is not a |
3 | mortgage originator, unless all of the nonclerical staff of a |
4 | particular licensed office are licensed as mortgage |
5 | originators, shall complete at least eight hours of education |
6 | programs in accordance with paragraph (2), which shall |
7 | include all of the following: |
8 | (i) Three hours of Federal law and regulations. |
9 | (ii) Two hours of ethics, which shall include |
10 | instruction on fraud, consumer protection and fair |
11 | lending issues. |
12 | (iii) Two hours of training related to lending |
13 | standards for the nontraditional mortgage loan |
14 | marketplace. |
15 | (iv) One hour of Pennsylvania law, including this |
16 | chapter, the act of December 3, 1959 (P.L.1688, No.621), |
17 | known as the Housing Finance Agency Law and the act of |
18 | January 30, 1974 (P.L.13, No.6), referred to as the Loan |
19 | Interest and Protection Law. |
20 | (2) Continuing education programs shall be reviewed and |
21 | approved by the Nationwide Mortgage Licensing System and |
22 | Registry or as otherwise determined by the department based |
23 | upon reasonable standards. Review and approval of a |
24 | continuing education program shall include review and |
25 | approval of the program provider. |
26 | (3) A continuing education program approved by the |
27 | Nationwide Mortgage Licensing System and Registry or as |
28 | otherwise determined by the department may be provided by the |
29 | employer of the licensee or an entity which is affiliated |
30 | with the licensee by an agency contract, or any subsidiary or |
|
1 | affiliate of the employer or entity. |
2 | (4) Continuing education programs may be offered either |
3 | in a classroom, online or by any other means approved by the |
4 | Nationwide Mortgage Licensing System and Registry or as |
5 | otherwise determined by the department. |
6 | (5) A licensee may only receive credit for a continuing |
7 | education program in the year in which the program is taken |
8 | and may not take the same continuing education program in the |
9 | same or successive years to meet the requirements of this |
10 | subsection. |
11 | (6) A licensed mortgage originator who is an instructor |
12 | of an approved continuing education program may receive |
13 | credit for the licensed mortgage loan originator's own |
14 | continuing education requirement at the rate of two hours |
15 | credit for every one hour taught. |
16 | (7) Except for the continuing education program under |
17 | paragraph (1)(iv), continuing education programs approved by |
18 | the Nationwide Mortgage Licensing System and Registry or as |
19 | otherwise determined by the department and completed for |
20 | another state shall be accepted as credit toward completion |
21 | of the continuing education requirements of this chapter. |
22 | (e) Pennsylvania-specific education and testing programs.-- |
23 | (1) Pennsylvania-specific education and testing programs |
24 | shall be approved by the department, unless otherwise |
25 | determined by the department. The department may charge |
26 | education and testing providers a fee, to be determined by |
27 | the department, for department review of Pennsylvania- |
28 | specific education and testing programs. |
29 | (2) An education provider may apply for education and |
30 | testing program approval on a form prescribed and provided by |
|
1 | the department. The application shall be submitted to the |
2 | department at least 60 days prior to the first date that the |
3 | education is proposed to be offered. The application shall |
4 | include: |
5 | (i) An outline of the proposed education and testing |
6 | program, and the method of instruction and testing, |
7 | whether in a classroom, online or by any other means. |
8 | (ii) A resume detailing each proposed instructor's |
9 | qualifications. The following individuals shall not be |
10 | qualified to be instructors, unless the department |
11 | determines otherwise: |
12 | (A) An individual who has had his license |
13 | denied, not renewed, suspended or revoked by the |
14 | department or any other state. |
15 | (B) An individual who has been the director, |
16 | officer, partner, employee, agent or ultimate |
17 | equitable owner of 10% or more of a licensee that has |
18 | had its license denied, not renewed, suspended or |
19 | revoked by the department or another state. |
20 | (C) An individual who has been subject to a |
21 | department order or agreement prohibiting the |
22 | individual from engaging in the mortgage loan |
23 | business in this Commonwealth or acting in any other |
24 | capacity related to activities regulated by the |
25 | department or similar order or agreement issued by |
26 | another state. |
27 | (D) An individual who has pleaded guilty, been |
28 | convicted of or pleaded nolo contendere to a crime of |
29 | moral turpitude or felony. |
30 | (iii) Other information that the department may |
|
1 | require. |
2 | (3) The department shall be notified in writing at least |
3 | 10 days prior to any change in instructors. A new instructor |
4 | shall be subject to the criteria under paragraph (2)(ii). |
5 | (4) Education programs offered solely to satisfy the |
6 | requirements of subsection (d) shall not be required to |
7 | include a written testing component. |
8 | (5) The department shall have 45 days from receipt of a |
9 | completed application to approve or deny the proposed |
10 | education and testing program. An application shall be deemed |
11 | completed when the requirements of this subsection have been |
12 | fulfilled. If the department fails to approve or deny an |
13 | application submitted by a prospective education provider |
14 | within 45 days of its receipt, the education program shall be |
15 | deemed approved by the department. The department may deny an |
16 | application submitted by an education provider if the |
17 | education and testing program or education provider fails to |
18 | satisfy any of the conditions or requirements contained under |
19 | this chapter. |
20 | (6) Approval of an education program by the department |
21 | shall be valid for one licensing year and shall not |
22 | constitute permanent approval of the education program. |
23 | (7) Education providers shall provide free access to the |
24 | department to monitor education programs. In order to ensure |
25 | the department's access to education programs, education |
26 | providers shall provide the department with notification of |
27 | the date, time and location of each education program that is |
28 | offered by the education provider. |
29 | (8) Education providers shall retain original records of |
30 | attendance for each education and testing program conducted |
|
1 | by the education provider for four years and shall provide |
2 | the department free access to the records upon request. |
3 | (9) The department may revoke its approval of an |
4 | education provider's education and testing programs if the |
5 | education provider fails to comply with any requirement of |
6 | this chapter. |
7 | Section 9. Section 6132(a)(1) and (2) and (b)(1) and (2) of |
8 | Title 7 are amended and the section is amended by adding a |
9 | subsection to read: |
10 | § 6132. License fees. |
11 | (a) Initial application fees.--[An] Except as set forth in |
12 | subsection (d)(1), an applicant shall pay to the department at |
13 | the time an application is filed an initial nonrefundable |
14 | application fee as set forth under this subsection. |
15 | (1) For mortgage lenders and mortgage loan |
16 | correspondents, $1,500 for the principal place of business |
17 | [in this Commonwealth] and an additional fee of $1,500 for |
18 | each branch office. |
19 | (2) For mortgage brokers, $1,000 for the principal place |
20 | of business [in this Commonwealth] and an additional fee of |
21 | $250 for each branch office. |
22 | * * * |
23 | (b) Renewal fees.--Prior to each annual renewal of a |
24 | license, except as set forth in subsection (d)(2), a licensee |
25 | shall pay to the department a nonrefundable license renewal fee |
26 | as set forth under this subsection. |
27 | (1) For mortgage lenders and mortgage loan |
28 | correspondents, $750 for the principal place of business [in |
29 | this Commonwealth] and an additional fee of $750 for each |
30 | branch office. |
|
1 | (2) For mortgage brokers, $500 for the principal place |
2 | of business [in this Commonwealth] and an additional fee of |
3 | $250 for each branch office. |
4 | * * * |
5 | (d) Exception to mortgage originator license fees.-- |
6 | (1) An applicant shall not be required to pay the fee |
7 | for a mortgage originator license as provided in subsection |
8 | (a) if the applicant is also individually a mortgage lender |
9 | applicant, mortgage loan correspondent applicant or mortgage |
10 | broker applicant. |
11 | (2) A licensee shall not be required to pay the fee for |
12 | a mortgage originator license as provided in subsection (b) |
13 | if the licensee is also individually a mortgage lender |
14 | licensee, mortgage loan correspondent licensee or mortgage |
15 | broker licensee. |
16 | Section 10. Section 6133(c)(1) and (2), (d)(1) and (e)(1), |
17 | (4) and (5) of Title 7 are amended and the section is amended by |
18 | adding a subsection to read: |
19 | § 6133. Issuance of license. |
20 | * * * |
21 | (c) Contents of license.--Each license issued by the |
22 | department shall specify: |
23 | (1) The name and address of the licensee and the address |
24 | or addresses covered by the license[, the address so |
25 | specified to be that of the licensee's principal place of |
26 | business within this Commonwealth or for a licensee acting |
27 | only in the capacity of a wholesale table funder, either in |
28 | or outside of this Commonwealth]. |
29 | (2) The licensee's reference number or unique |
30 | identifier. |
|
1 | * * * |
2 | (d) Denial of license due to conviction.-- |
3 | (1) The department may deny a license if it finds that |
4 | the applicant or a director, officer, partner, employee, |
5 | agent or ultimate equitable owner of 10% or more of the |
6 | applicant has been convicted of a crime of moral turpitude or |
7 | felony in any jurisdiction or of a crime which, if committed |
8 | in this Commonwealth, would constitute a crime of moral |
9 | turpitude or felony. The department shall deny a mortgage |
10 | originator license if the applicant has been convicted of any |
11 | felony during the seven-year period preceding the date of the |
12 | license application or at any time preceding the date of |
13 | application, if the felony involved an act of fraud, |
14 | dishonesty, breach of trust or money laundering, unless the |
15 | applicant has been pardoned for the conviction. For the |
16 | purposes of this subsection, a person shall be deemed to have |
17 | been convicted of a crime if the person: |
18 | (i) pleads guilty or nolo contendere to a criminal |
19 | charge before a domestic, foreign or military court or |
20 | Federal magistrate; or |
21 | (ii) is found guilty by the decision or judgment of |
22 | a domestic, foreign or military court or Federal |
23 | magistrate or by the verdict of a jury, irrespective of |
24 | the pronouncement of sentence or the suspension thereof, |
25 | unless the plea of guilty or nolo contendere or the |
26 | decision, judgment or verdict is set aside, vacated, |
27 | reversed or otherwise abrogated by lawful judicial |
28 | process. |
29 | * * * |
30 | (e) Denial of license for other reason.--The department may |
|
1 | deny a license or otherwise restrict a license if it finds that |
2 | the applicant or a director, officer, partner, employee, agent |
3 | or ultimate equitable owner of 10% or more of the applicant: |
4 | (1) has had a license application or license issued by |
5 | the department or another state licensing agency or by a |
6 | Federal regulatory agency denied, not renewed, suspended or |
7 | revoked; |
8 | * * * |
9 | (4) [does not possess the financial responsibility, |
10 | character, reputation, integrity and general fitness to |
11 | command the confidence of the public and to warrant the |
12 | belief that the mortgage loan business will be operated |
13 | lawfully, honestly, fairly and within the legislative intent |
14 | of this chapter and in accordance with the general laws of |
15 | this Commonwealth] has an outstanding debt to the |
16 | Commonwealth or a Commonwealth agency; or |
17 | (5) [has an outstanding debt to the Commonwealth or any |
18 | Commonwealth agency.] does not possess the financial |
19 | responsibility, character, reputation, integrity and general |
20 | fitness to command the confidence of the public and to |
21 | warrant the belief that the mortgage loan business will be |
22 | operated lawfully, honestly, fairly and within the |
23 | legislative intent of this chapter and in accordance with the |
24 | general laws of this Commonwealth. For the purposes of this |
25 | paragraph, an applicant is not financially responsible if the |
26 | applicant has shown a disregard in the management of his or |
27 | her own financial condition. The factors that the department |
28 | may consider in making a determination regarding an |
29 | applicant's financial responsibility shall include: |
30 | (i) Current outstanding judgments, other than |
|
1 | judgments solely as a result of medical expenses. |
2 | (ii) Current outstanding tax liens or other |
3 | government liens and filings. |
4 | (iii) Foreclosures within the past three years. |
5 | (iv) A pattern of seriously delinquent accounts |
6 | within the past three years. |
7 | (e.1) Mandatory denial of mortgage originator license.--The |
8 | department shall deny a mortgage originator license if it finds |
9 | that any of the following paragraphs apply: |
10 | (1) The applicant has had a license issued by the |
11 | department or another state licensing agency or a Federal |
12 | regulatory agency revoked. If the revocation is formally |
13 | vacated, this paragraph does not apply. |
14 | (2) The applicant does not possess the financial |
15 | responsibility, character, reputation, integrity and general |
16 | fitness to command the confidence of the public and to |
17 | warrant the belief that the mortgage loan business will be |
18 | operated lawfully, honestly, fairly and within the |
19 | legislative intent of this chapter and in accordance with the |
20 | general laws of this Commonwealth. For the purposes of this |
21 | paragraph, an applicant is not financially responsible if the |
22 | applicant has shown a disregard in the management of his or |
23 | her own financial condition. The factors that the department |
24 | may consider in making a determination regarding an |
25 | applicant's financial responsibility include: |
26 | (i) Current outstanding judgments, other than |
27 | judgments solely as a result of medical expenses. |
28 | (ii) Current outstanding tax liens or other |
29 | government liens and filings. |
30 | (iii) Foreclosures within the past three years. |
|
1 | (iv) A pattern of seriously delinquent accounts |
2 | within the past three years. |
3 | * * * |
4 | Section 11. Sections 6135(a)(2), (3), (4) and (5) and (b), |
5 | 6138(d), 6139(a)(13) and (b) introductory paragraph of Title 7 |
6 | are amended to read: |
7 | § 6135. Licensee requirements. |
8 | (a) Requirements of licensee.-- |
9 | * * * |
10 | (2) Each licensee shall maintain at its principal place |
11 | of business [within this Commonwealth, or at such place |
12 | within or outside this Commonwealth], or at another place if |
13 | agreed to by the department, the original or a copy of any |
14 | books, accounts, records and documents, or electronic or |
15 | similar access thereto, of the business conducted under the |
16 | license as prescribed by the department to enable the |
17 | department to determine whether the business of the licensee |
18 | is being conducted in accordance with the provisions of this |
19 | chapter and the regulations, statements of policy or orders |
20 | issued under this chapter. All instruments, documents, |
21 | accounts, books and records relating to the mortgage loan |
22 | business shall be kept separate and apart from the records of |
23 | any other business conducted by the licensee. Records of |
24 | first and secondary mortgage loans shall be easily |
25 | distinguishable and easily separated. All records shall be |
26 | preserved and kept available for investigation or examination |
27 | by the department for a period determined by the department. |
28 | The department shall have free access to and authorization to |
29 | examine records maintained [within or outside this |
30 | Commonwealth] by the licensee. The costs of the examination, |
|
1 | including travel costs, shall be borne by the licensee. The |
2 | department may deny or revoke the authority to maintain |
3 | records [within or outside this Commonwealth] at another |
4 | place for good cause in the interest of protection for |
5 | Commonwealth consumers, including for the licensee's failure |
6 | to provide books, accounts, records or documents to the |
7 | department upon request. |
8 | (3) A mortgage broker, mortgage lender or mortgage loan |
9 | correspondent, or a mortgage originator that is required to |
10 | obtain and maintain its own bond coverage under section |
11 | 6131(f)(4) (relating to application for license), on a date |
12 | determined by the department, shall file [annually] |
13 | periodically as determined by the department, a report with |
14 | the department setting forth such information as the |
15 | department shall require concerning the first or secondary |
16 | mortgage loan business conducted by the licensee during the |
17 | preceding calendar year. The report shall be on a form |
18 | provided by the department and shall be filed with the |
19 | Nationwide Mortgage Licensing System and Registry. Licensees |
20 | who fail to file the required report at the date required by |
21 | the department may be subject to a penalty of $100 for each |
22 | day after the due date until the report is filed. |
23 | (4) Each licensee shall be subject to examination by the |
24 | department at its discretion, at which time the department |
25 | shall have free access, during regular business hours, to the |
26 | licensee's place or places of business [in this Commonwealth] |
27 | and to all instruments, documents, accounts, books and |
28 | records which pertain to a licensee's first or secondary |
29 | mortgage loan business[, whether maintained in or outside |
30 | this Commonwealth]. The department may examine a licensee at |
|
1 | any time if the department deems the examination to be |
2 | necessary or desirable. The cost of any such examination |
3 | shall be borne by the licensee. |
4 | (5) Each licensee shall include in all advertisements |
5 | language indicating that the licensee is licensed by the |
6 | department. In the case of a mortgage originator, all |
7 | advertising shall include the name of the mortgage |
8 | originator's employer and the mortgage originator's unique |
9 | identifier. |
10 | (b) Accounting records.--The licensee's accounting records |
11 | must be constructed and maintained in compliance with generally |
12 | accepted accounting principles or as provided by department |
13 | regulation. [All instruments, documents, accounts, books and |
14 | records relating to the mortgage loan business shall be kept |
15 | separate and apart from the records of any other business |
16 | conducted by the licensee. Records of first and secondary |
17 | mortgage loans shall be easily distinguishable and easily |
18 | separated. All records shall be preserved and kept available for |
19 | investigation or examination by the department for a period |
20 | determined by the department.] |
21 | * * * |
22 | § 6138. Authority of department. |
23 | * * * |
24 | (d) Final orders.--A decision of the Secretary of Banking |
25 | shall be a final order of the department and shall be |
26 | enforceable in a court of competent jurisdiction. The department |
27 | may publish final adjudications issued under this section, |
28 | subject to redaction or modification to preserve |
29 | confidentiality. The department shall regularly report |
30 | violations of this chapter, enforcement actions and other |
|
1 | relevant information to the Nationwide Mortgage Licensing System |
2 | and Registry. |
3 | * * * |
4 | § 6139. Suspension, revocation or refusal. |
5 | (a) Departmental action.--The department may suspend, revoke |
6 | or refuse to renew a license issued under this chapter if any |
7 | fact or condition exists or is discovered which, if it had |
8 | existed or had been discovered at the time of filing of the |
9 | application for the license, would have warranted the department |
10 | in refusing to issue the license or if a licensee or director, |
11 | officer, partner, employee or owner of a licensee has: |
12 | * * * |
13 | (13) Failed to complete the [qualifying or continuing |
14 | education as required by section 6131(g)] requirements of |
15 | section 6131.1 (relating to prelicensing and continuing |
16 | education). |
17 | * * * |
18 | (b) Reinstatement.--The department may reinstate a license |
19 | which was previously suspended, revoked or denied renewal if all |
20 | of the following exist: |
21 | * * * |
22 | Section 12. Title 7 is amended by adding a section to read: |
23 | § 6154. Procedure for determination of noncompliance with |
24 | Federal law. |
25 | (a) Applicability.--This section applies if, because of a |
26 | determination under paragraph (4) of the definition of "mortgage |
27 | originator" in section 6102 (relating to definitions), an |
28 | employee: |
29 | (1) is required to be licensed as a mortgage originator |
30 | under state laws implementing the S.A.F.E. Mortgage Licensing |
|
1 | Act of 2008 (110 Stat. 289, 12 U.S.C. § 5101 et seq.); and |
2 | (2) is thus required to be licensed as a mortgage |
3 | originator. |
4 | (b) Continuation.--An employee specified in subsection (a) |
5 | may continue to act in the employee's current capacity if the |
6 | employee files an application for a mortgage originator license |
7 | with the department within 60 days of the date of the |
8 | determination. |
9 | Section 13. The following shall apply: |
10 | (1) Individuals not licensed as mortgage originators |
11 | under 7 Pa.C.S. Ch. 61 who are required to be licensed as |
12 | mortgage originators by virtue of this act may continue to |
13 | engage in the mortgage loan business in their current |
14 | capacity if they file an application for a mortgage |
15 | originator license with the department within 60 days of the |
16 | effective date of this section. |
17 | (2) Licenses issued under 7 Pa.C.S. Ch. 61 prior to the |
18 | effective date of this section that were conditioned upon |
19 | completion of the education and testing requirements of 7 |
20 | Pa.C.S. Ch. 61 existing prior to the effective date of this |
21 | section shall be conditioned upon the completion of the |
22 | education and testing requirements of this act by December |
23 | 31, 2009. |
24 | Section 14. This act shall take effect immediately. |
|