Bill Summaries: H126 (2015-2016 Session)

Tracking:
  • Summary date: Nov 5 2015 - View summary

    AN ACT TO AUTHORIZE THE OFFICE OF THE COMMISSIONER OF BANKS TO IMPLEMENT A REGISTRATION SYSTEM FOR PERSONS ENGAGED EXCLUSIVELY IN THE PROCESSING OR UNDERWRITING OF RESIDENTIAL MORTGAGE LOANS AND NOT ENGAGED IN THE MORTGAGE BUSINESS. Enacted October 29, 2015. Section 3 is effective October 29, 2015. The remainder is effective November 1, 2015.


  • Summary date: Sep 29 2015 - View summary

    Senate amendment makes the following changes to the 2nd edition.

    Changes the effective date of the act (with the exception of Section 3, which is effective when the act becomes law) from October 1, 2015, to November 1, 2015. 


  • Summary date: Jul 16 2015 - View summary

    Senate committee substitute makes the following changes to the 1st edition.

    Deletes proposed changes to GS 53-244.060(7) and (8), which referenced requirements that mortgage origination support registrants meet surety bond and net worth requirements.

    Changes the effective date of the act to October 1, 2015 (was, July 1, 2015). 


  • Summary date: Mar 3 2015 - View summary

    Amends the Secure and Fair Enforcement Mortgage Licensing Act, GS Chapter 53, Article 19B, adding a new definition in GS 53-244.030 for a mortgage origination support registrant (registrant), which is defined as a person engaged exclusively in the processing or underwriting of residential mortgage loans and not engaged in the mortgage business.  Enacts new subsection 53-244.040(c1) requiring all registrants operating in North Carolina to register with the Commissioner of Banks (Commissioner). Such registration authorizes the registrant to sponsor and employ licensed mortgage loan originators or transitional mortgage loan originators to control and supervise the registrant's loan processors or underwriters pursuant to Title V of the Housing and Economic Recovery Act of 2008. Makes conforming changes.  

    Amends GS 53-244.090, now titled "Application fees" (was, License application), specifying nonrefundable filing fees for the initial registration as a registrant, beginning with a $250 fee for applicants that employ or contract with fewer than five individuals who are solely loan processors or underwriters, increasing thereafter depending on the number employed but being capped at $2,000 for those that employ more than 30 such individuals. Makes conforming changes. 

    Amends GS 53-244.101 to provide for nonrefundable registration renewal fees for registrants beginning at $125 for those registrants employing fewer than five individuals engaged solely as loan processors or underwriters, and increasing thereafter until reaching a cap of $1,000 for registrants employing more than 30 such individuals. Further provides that in addition to renewal fees, registrants must pay the actual cost of obtaining credit reports and state and national criminal history record checks as well as the processing fees for the Nationwide Mortgage Licensing System and Registry, as required by the Commissioner. Further provides for specified late fee amounts for late renewals. Provides that any registrant that fails to obtain a reinstatement of registration prior to March 1 is required to comply with all initial requirements for registration as provided.  Makes conforming and technical changes. 

    Amends GS 53-244.103 concerning surety bond requirements providing that transitional or other mortgage loan originators employed only by registrants for the sole purpose of supervising and controlling loan processor or underwriters are exempt from any surety bond requirements pursuant to GS 53-244.103(a).

    Amends GS 53-244.105 deleting language that required mortgage broker licensees to maintain and transact business from a principal place of business in North Carolina. Makes conforming changes.  

    Amends GS 53-244.116 to provide that a person who surrenders a registration is not eligible for and may not submit an application for registration during any period specified by the Commissioner.

    Amends the following sections: GS 53-244.050, 53-244.060, 53-244.100, 53-244.108, 53-244.113, 53-244.114, 53-244.115, 53-244.116, 53-244.118, 53-244.119, and 53-244.120, making technical and conforming changes reflecting requirements that registrants operating in North Carolina register with the Commissioner and comply with the specified requirements similarly required of mortgage brokers, lenders, or servicers licensed under GS Chapter 53, Article 19B. 

    Includes severability and interpretation clauses.

    Provides that the Commissioner can adopt temporary rules to administer this act, effective when the act becomes law.

    Unless otherwise noted above, effective July 1, 2015, applying to all applications for registration as a mortgage origination support registrant filed on or after that date. 


  • Summary date: Mar 2 2015 - View summary

    To be summarized.