9-Jul-08 State Responses to Housing Crisis: Legislative Solutions

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1 9-Jul-08 State Responses to Housing Crisis: Legislative Solutions Arkansas 4/16/03 7/15/03 HB 2598 California 7/8/08 7/8/08 SB /5/07 10/5/07 SB /5/07 SB 385 Enacts Arkansas Home Loan Protection Act to restrict various practices relating to high cost residential mortgages. Prohibits licensed appraisers from engaging in any appraisal activity that is connected to the purchase, sale, transfer, financing or development of property if their compensation is impacted by the final price generated by the appraisal. Permits state agencies involved with residential mortgage lending and brokering to adopt emergency measures and new policies to ensure that all mortgage lenders and brokers are subject to federal guidelines on non-traditional mortgages. 10/10/01 7/1/02 AB 489 Colorado 6/1/07 HB /1/07 6/1/07 SB 85 6/1/07 SB 203 6/1/07 SB 216 6/1/07 SB 249 6/7/02 7/1/03 HB 1259 Imposes various requirements on consumer loans secured by specified real property. Requires mortgage brokers to act for the benefit of the borrower, including making reasonable inquiry into the borrower s financial situation and using best efforts to obtain a loan that takes into consideration the borrower s situation. Prohibits brokers from trying to influence the judgment of a real estate appraiser through coercion, intimidation, or compensation. Makes such improper influencing a deceptive trade practice. Creates the Mortgage Broker Licensing Act, requiring that brokers be licensed by the Division of Real Estate and regulating broker activities. Imposes on mortgage brokers a statutory duty of good faith and fair dealing toward borrowers, and makes violation of this duty a deceptive trade practice under the Colorado Consumer Protection Act. Directs the Division of Insurance to report on the number of enforcement actions taken, the market trends associated with title insurance and real estate transactions, and consumer complaints generated by market analysis, investigation, and enforcement efforts regarding title insurance. Enacts the Colorado Consumer Equity Protection Act, which limits certain lending practices and imposes new disclosure requirements and penalties on lenders engaged in making high-cost loans. Requires lenders to contact homeowners to discuss restructuring options by phone or in person before initiating the foreclosure process; increases to 60 days the amount of time tenants have to vacate a property once it is foreclosed; and permits cities to impose fines up to $1,000 a day on owners who do not maintain foreclosed properties Page 1 of 7

2 Connecticut 7/11/07 10/1/07 HB /11/07 10/1/07 HB /5/01 5/5/01 HB 6131 Protects homeowners from the practice of equity skimming and regulates foreclosure consultants. Protects consumers from the unauthorized use of their personal information and resulting solicitations by prohibiting mortgage lenders from using any credit bureau's "lead generating" product in Connecticut. Creates the Connecticut Abusive Home Loan Lending Practices Act to regulate high cost home loans. Florida 5/1/02 10/2/02 SB 2262 Creates the Florida Fair Lending Act to regulate high cost home loans. Georgia 6/4/03 SB 78 Provides for enforcement for violation of the Georgia Fair Lending Act. 3/7/03 3/7/03 SB 53 Amends the Georgia Fair Lending Act. 4/22/02 10/1/02 HB 1361 Idaho 3/18/08 7/1/08 SB 1431aa Creates the Georgia Fair Lending Act, prohibiting abusive home loan practices. (Amended in SB 53, signed and effective 3/7/03.) Creates the Consumer Foreclosure Prevention Act, which requires that contracts entered into while a residential home is in the foreclosure process must be in writing and that the consumer has a five-day right of rescission. Requires that a warning about foreclosure rescue scams be included in foreclosure notification papers and in written contracts. es 5_ _ ,00.html Illinois 11/2/07 6/1/08 SB /1/06 1/1/07 SB 2349 Requires mortgage brokers to verify that a borrower will be able to pay the costs of the loans and to disclose material facts about the loans being offered and how much money the broker will be paid. Protects borrowers against pre-payment penalties, equity stripping, and loan splitting. Gives the Attorney General the power to enforce this law under the Consumer Fraud statute. easeslistshow.cfm?recnum=6386 Creates new disclosure requirements for mortgage rescue companies and guarantees that the homeowner will receive a substantial portion of the equity in the easeslistshow.cfm?recnum=4947 home. 8/20/03 1/1/04 SB 1784 Indiana 5/10/07 7/1/07 SB 390 3/17/04 1/1/05 HB 1229 Creates the High Risk Home Loan Act, which protects borrowers who enter into high risk home loans; establishes guidelines for lenders in transferring, dealing in, offering, or making high risk home loans; and provides for enforcement by the Department of Financial Institutions and the Office of Banks and Real Estate. Regulates foreclosure consultants and foreclosure purchasers, providing for civil and criminal penalties. Establishes notice requirements regarding foreclosures on real property. Prohibits certain lending practices and provides enforcement procedures for deceptive mortgage acts. easeslistshow.cfm?recnum=2230 es Page 2 of 7

3 Iowa 4/25/08 4/25/08 HF 2653 Kentucky 4/24/08 4/24/08 HB 552 3/12/03 6/25/03 HB 287 Louisiana 6/18/07 6/18/07 SB 253 6/2/06 HB 602 Maine 4/11/08 LD /8/08 1/8/08 LD /11/07 1/1/08 LD /24/05 LD 1286 Regulates foreclosure consultants and foreclosed property conveyances, providing for civil and criminal penalties for violation under Iowa s Consumer Fraud Act. Expands the definition of a high cost loan; restricts prepayment penalties; caps total net income for mortgage brokers at 4 percent; and strengthens penalties against mortgage fraud. Defines a high cost loan; condemns a number of abusive lending practices; and makes mortgage company registration requirements more strict. Provides for financing single premium insurance in connection with residential mortgage loans and provides limitations for financing single premium insurance. Prohibits prepayment penalties under certain circumstances for consumer credit transactions and residential mortgage loans. Enacts measures designed to protect homeowners from equity stripping during foreclosure. Makes changes to the truth in lending laws of the Maine Consumer Credit Code to protect homeowners from predatory lending practices. Restricts the amount of fees consumers can be charged and prevents lenders from offering subprime loans that a consumer cannot afford to repay. Bans predatory lending practices such as loan flipping and aims to protect consumer rights in court and make predatory lenders more legally accountable. Creates new compliance and enforcement provisions and tougher penalties for predatory lenders. Requires supervised lenders and mortgage brokers to disclose to residential mortgage applicants if the mortgage loan includes private mortgage insurance and if the company processing the loan application also engages in the business of private mortgage insurance. 5/23/03 LD 614 Prohibits prepayment charges on high-rate, high-fee mortgages. 4/17/03 LD 494 Enhances consumer protections on high-rate, high-fee mortgages. ICE/default.asp?Category=BillInfo&Service=Bill book&ga=82&menu=text&hbill=hf htm m res article _2005.htm Page 3 of 7

4 Maryland 4/8/08 6/1/08 4/3/08 4/4/08 4/3/08 4/4/08 4/3/08 4/4/08 5/26/05 5/26/05 5/16/02 Massachusetts 11/29/07 1/31/08, 5/1/08 HB 363/ SB 270 HB 365/ SB 216 HB 360/ SB 217 HB 361/ SB 218 HB 1288/ SB 761 HB 649/ SB 499 HB 4387 Requires lenders to verify a borrower s ability to repay a loan; authorizes the Commissioner of Financial Regulation to set mortgage lender licensing fees and examination requirements; and expands the licensing requirements for mortgage lenders and mortgage originators. Lengthens foreclosure process from 15 days to approximately 150 days. Allows homeowners to stop foreclosure by paying what is owed up until one business day before the sale. Makes mortgage fraud a crime for anyone involved in the mortgage transaction, with civil and criminal penalties. Bans foreclosure rescue transactions that scam homeowners out of their homes and equity and provides additional consumer protections for people in default trying to sell their homes. Requires foreclosure notices to contain a referral to counseling. Prohibits lenders from financing single premium insurance as part of certain mortgage loans and from making certain loans without giving due regard to the borrower's ability to repay the loans Requires mortgagees to receive consumer counseling prior to obtaining nonconforming variable rate mortgage loans. Creates a centralized statewide foreclosure database of foreclosure activity at the Division of Banks and mandates that mortgage holders file a 90-day notice of intent to foreclose with the homeowner and the Division of Banks. 8/9/04 HB 4880 Prohibits certain practices in home mortgage lending. Michigan 12/27/02 12/27/02 HB 6121 Enacts the Consumer Mortgage Protection Act to regulate certain lending practices Minnesota 5/8/08 5/9/08 SF 1881 Missouri 6/25/04 Regulates mortgage lending and provides penalties and remedies for a mortgage broker's failure to comply with the broker's duties of agency. 4/25/08 SF 3154 Requires lenders to verify a borrower s ability to repay a loan 5/21/07 SF 1533 Regulates certain transactions with homeowners whose homes are in foreclosure. 5/14/07 8/1/07 SF 988 Prohibits certain predatory lending practices, providing for civil and criminal penalties. 4/20/07 HF 1004 Prohibits predatory lending practices. HB 1291/ SB 1086 Prohibits a lender of a residential mortgage from requiring a borrower to purchase homeowners' insurance coverage in an amount exceeding the replacement value of the home and its contents. e&l=1&l0=home&sid=agov3&b=pressrelease &f=071130_foreclosure_prevention_legislation& csid=agov3 es Page 4 of 7

5 Montana 3/24/05 HB 557 Nebraska 3/10/08 LB 123 3/20/03 LB 218 Nevada 6/13/07 AB 440 6/10/03 AB 284 New Hampshire 7/16/07 7/16/07 HB 365 Restricts the amount of insurance that a lender may require a borrower to maintain on a loan secured by real property. Places full disclosure requirements on foreclosure consulting contracts and prohibits certain actions for foreclosure consultants. Prohibits predatory practices in the mortgage loan industry and increases the authority of the Nebraska Department of Banking and Finance to take action against persons engaged in such practices. Establishes specific rights and duties concerning foreclosure consultants and foreclosure purchasers. Establishes the crime of mortgage lending fraud and makes it a felony. Prohibits certain acts by lenders of home loans as unfair lending practices and provides for enforcement by the attorney general Imposes new standards on pre-foreclosure sales; requires greater disclosure from foreclosure consulting services companies; and creates penalties for violations, including include fines, jail time, and repayment of equity. 5/24/04 SB 99 Regulates certain mortgage loans and mortgage loan practices. New Jersey 7/6/04 7/6/04 SB 279 Expands the definition of a high-cost home loan. 5/1/03 11/27/03 AB 75 Prohibits certain lending practices in regard to home loans, covered home loans, and high cost home loans. New Mexico 4/11/03 SB 449 Enacts the Home Loan Protection Act to regulate residential mortgage practices. New York 8/15/07 10/15/07 SB 5618 Expands the definition of a high-cost home loan from that established in /26/06 2/1/07 SB Regulates high-cost home loans. North Carolina 8/15/07 4/1/08 HB /15/07 1/1/08 HB 1817 Enacts the Home Equity Theft Prevention Act, establishing protections for homeowners in default or foreclosure who sell their homes. Requires that a notice of foreclosure contain certain information and provides for mortgage debt collection and servicing. Protects consumers regarding covered loans and increases the Banking Commissioner's disciplinary authority over licensees under the Mortgage Lending Act. 8/7/03 HB 1182 Provides consumer protection in certain high-cost home loans. 7/22/99 10/1/99, 7/1/00 SB 1149 Prohibits prepayment penalties, loan-flipping, and single-premium credit life insurance on most home loans. Regulates high-cost home loans and requires borrower counseling before closing. _2005.htm res es es mm.pdf Page 5 of 7

6 Ohio 6/19/06 1/1/07 SB 185 Oklahoma 5/30/03 HB 1574 Oregon 3/11/08 3/11/08 HB 3630 Gives the Ohio Attorney General direct enforcement authority over certain lending activities. Creates the Oklahoma Home Ownership and Equity Protection Act to regulate highcost home loans. Requires mortgage rescue consultants to provide a written contract that clearly explains what the homeowner will receive in the foreclosure deal; limits their compensation; and prohibits them from acquiring interest in the home. Requires a plain language notice be sent to homeowners who are being foreclosed at least a.shtml days before the sale with contact information for legal resources and counseling and how the homeowner can stop the sale. 3/11/08 3/11/08 SB 1064 Allows the Department of Consumer and Business Services to ban or suspend loan originators from engaging in dishonest or fraudulent practices. DCBS will maintain a registry of loan originators and list complaints made against them as well as actions taken. Requires lenders to file an annual report with DCBS detailing their lending activity a.shtml Rhode Island Effective w/o signature Effective w/o signature 7/7/07 HB /20/07 7/11/06 12/31/06 HB 5485/ SB 371 HB 7814/ SB 2851 South Carolina 6/3/03 1/1/04 SB 438 Tennessee 5/26/06 1/1/07 HB 3597 Makes technical amendments to provisions regarding private causes of action against foreclosure consultants. Limits a borrower's recovery against a purchaser of assignee of a high cost home loan to the amount necessary to extinguish the borrower's liability under the loan plus cost, including reasonable attorneys' fees. Texas 6/18/05 9/1/05 HB 955 Enacts a series of consumer protections /1/01 SB 1581 Establishes a home loan protection act to protect borrowers from predatory lending practices. Enacts the South Carolina High-Cost and Consumer Home Loans Act to regulate high cost residential mortgages. Enacts the Tennessee Home Loan Protection Act, which places specific limitations and restrictions on the making of high-cost home loans. Regulates high-cost home loans. Requires a disclosure statement recommending counseling. Utah 3/22/04 HB 160 Restricts various practices relating to high cost residential mortgages. es _2005.htm Page 6 of 7

7 Virginia Early March 2008 SB 797 3/8/08 HB 408 2/19/07 HB /16/03 SB 1103 Washington 3/21/08 6/12/08 SHB /21/08 6/12/08 SB 6381 Requires mortgage lenders to provide 10 days written notice when they want to accelerate the repayment of high-risk loans and grants the homeowner an additional 30 calendar days to try to resolve the situation, if he or she requests an extension. Makes persons participating in or servicing foreclosure rescues for profit with the intent to defraud a customer a violation of the Virginia Consumer Protection Act. Expands the subjects that may be covered in student life skills programs to include savings and investments, predatory lending practices and interest rates, consumer fraud, and identity theft and protection. Strengthens consumer protection measures in the Mortgage Lender and Broker Act. Requires lenders to make full disclosures to homeowners; restricts prepayment penalties; prohibits steering homebuyers into sub-standard loans; prohibits negative amortization on sub-prime products; protects homeowners against mortgage fraud scams; and requires mortgage brokers to act in good faith. Creates higher fiduciary standards for mortgage brokers, including the requirement of acting in the best interests of the borrower. 3/19/08 6/12/08 SB 6471 Expands the licensing requirements for lenders to consumers in Washington State. 3/21/08 6/12/08 SSB /7/03 HB 1150/ SB 5542 Wisconsin 3/25/08 SB 386 2/7/06 2/22/06 AB 456 4/15/04 2/1/05 AB 792 Prohibits real estate licensees, escrow agents, mortgage brokers, and others from giving, soliciting, or receiving kick-backs or inducements for referrals from title insurers. Requires title insurers to publish rates and fees. Regulates the sale of single premium credit insurance policies. Prohibits a lender from requiring property insurance in an amount that exceeds the replacement value of improvements. Eliminates the prepayment penalty requirements for variable rate loans and creates new requirements. Creates the Responsible High-Cost Mortgage Lending Law, which restricts various practices relating to high cost residential mortgages. /NewsReleases/viewRelease.cfm?id=627 res l=2770&year=2007 l=6381&year=2007 l=6471&year=2007 l=6847&year=2007 Source: Tax Policy Center