Issue #24: Private foreclosures

18 Sep

Fecha: 18 de septiembre de 2020




Issue #24: Private foreclosures

Although Maine is typically considered a foreclosure that is“judicial state, Maine legislation nevertheless allows personal foreclosures. Nonetheless, the principles for such elements as solution of procedure, and accounting for equity into the property foreclosed upon, vary between personal and foreclosures that are judicial. We at OCCR feel that people kinds of conditions should always be constant in both general general public and private foreclosures, because the stakes (losing ownership of one’s house) are exactly the same. Consequently, the proposed legislation (Appendix # 1, Section 12) proposes to use equivalent sort of solution of procedure requirements to private foreclosures as it happens to be needed in judicial foreclosures; and extra sections (part 13 and area 14) would repeal the existing right for the foreclosing party to wait purchase of home for just two years and thereafter retain the entirety associated with the home with no responsibility to account towards the customer for almost any equity. Rather, we propose enactment of a necessity that the house be offered to your bidder that is highest, as online installment loans md it is done in judicial foreclosures, with any equity more than your debt plus expenses incurred into the action, being came back to the customer following the purchase.

Issue #25: Payoff needs

The matter of lenders’ responses to payoff needs ended up being incorporated into our ask for Comment because we heard from people who once the consumers asked for payoff numbers, their loan providers bombarded them with proposes to entice them never to refinance along with other loan providers.

We now have not included any brand new legislative proposition to deal with this dilemma. We currently believe that any issues are prevented 1) by vigorously enforcing Maine that is current law takes a loan provider or servicer to quickly react to a request a payoff figure (see 9-A MRSA § 9-305-B); and 2) by likewise enforcing, where appropriate, the buyer Credit Code’s supply against unconscionable conduct by loan providers (for instance, 9-A MRSA § 9-402 forbids making use of unconscionable conduct to cause a customer to access a credit deal). As long as lenders conform to the present timeframes that are statutory creating a payoff figure, we have been maybe maybe not regarding the viewpoint which they is (or lawfully might be) avoided from offering their clients a much better deal.

Problem #26: feasible addition of an OCCR staff lawyer and/or a detective to simply help avoid predatory financing methods

The proposition set forth when you look at the request Public Comment to include a detective and a lawyer to OCCR’s staff came across with unanimous help from customer teams and from industry commenters. We at OCCR believe that this kind of step will be acutely useful in our efforts to quickly protect consumers by and flexibly react to allegations by customers, or by rivals, of predatory activity by loan providers or loan agents.

Nevertheless, the connected bill will not propose particular authorization for those two roles. Offered the present belief favoring the addition of state staff just as a final resort, we believe the legislative committee that considers this bill (therefore the CEI anti-predatory financing bill also) should make such determinations after assessing the necessity for such resources and after hearing from all events about the subject.

Issue #27: Other associated proposals

The bill that is attachedAppendix no. 1) contains three proposals maybe perhaps not specifically addressed in the ask for Public Comment, but which can be relevant towards the dilemma of legislation of home loan financing. The foremost is found in part hands down the bill. This area would allow ( not need) Maine to become listed on in an important mortgage that is multi-state certification project that is presently underway in lot of states. Just exactly What began as an attempt to look at license that is uniform types has now resulted in a proposition, sponsored by two split state regulatory associations (the Conference of State Bank Supervisors, or CSBS, in addition to United states Association of Residential Mortgage Regulators, or AARMR), to operate a centralized certification system which could accommodate the requirements of loan providers, specially big home loan businesses with operations in lots of states. Patterned following the national registration procedure that regulates the securities industry, this technique was designed to decrease the burden on candidates and on participating states. The legislation necessary to enable Maine to join this effort, if and when the time is right for such a move although many questions remain to be answered, OCCR thinks it prudent to put in place.

The 2nd new problem is situated in Section 4 of this bill, also it proposes to broaden protection of Article 9 regarding the credit rating Code to encompass a kind of loan that few regulators knew existed until recently; specifically, a purchase-money loan that is second-lien. Most often occurring each time a loan provider splits up the purchase that is total into a first-lien loan and a higher-rate, second-lien loan, this sort of loan is wholly unregulated under present legislation because of the verbiage of 9-A MRSA § 9-101, “Scope, ” which indicates that the content covers just first-lien loans. OCCR is regarding the viewpoint that such loans deserve at the very least the protection granted purchase that is first-lien or refinancing loans, or even the defenses for the complete Code applicable to second-mortgage, non-purchase, non-refinance loans.

The 3rd and final “new” proposition is situated in Section 8 for the bill connected as Appendix #1. It entails that loan agents disclose to customers quantities compensated to those agents by loan providers by means of yield spread premiums. Yield spread premiums enhance due to the fact rate of interest on financing increases, leading to a bonus for the loan broker to prepare a high-cost loan even in the event that customer may be eligible for a a diminished price. We try not to propose to limit the re re payment of these premiums; and then need so it be disclosed to your debtor. We feel this might be a crucial action toward the purpose of monetary transparency when you look at the consumer-broker relationship.

We have the above actions, as further modified or supplemented through the legislative procedure, will play a crucial role in helping to fight predatory mortgage financing in Maine. We have been additionally conscious that the so-called CEI bill is likewise considered by the Legislature during its future session, most likely because of the exact exact same committee, and also at or around the exact same time. Whilst the OCCR proposals are far more moderate compared to those proposed by CEI, we believe that the OCCR conditions are well-suited towards the particular conditions that have actually arisen in this State, also to Maine’s restricted share of the market for mortgages and its concomitant restricted capability to influence major nationwide financing forces. Nonetheless, we additionally feel strongly that CEI’s bill deserves severe debate, since Maine customers will in the long run take advantage of a strenuous conversation of most viable methods to the process of preventing mortgage lending that is predatory.

William N. Lund, Director

Workplace of Credit Rating Regulation



Legislative Document No. ___

An Act to stop Predatory Mortgage Lending Techniques

Be it enacted by the social people associated with the State of Maine to learn:

Sec. 1. 9-A MRSA, part 6-104-A is enacted to learn:

Sec. 6-104-A. For purposes of taking part in the establishment and utilization of a uniform multistate automated certification system (hereinafter the “system”) for loan brokers, supervised lenders that aren’t supervised banking institutions, and loan that is individual thereof, the manager associated with workplace of credit rating Regulation may:

A. Modify by rule the license renewal dates established in parts 2-302(1) and 10-201;

B. Establish by guideline such brand new requirements as are essential for the State to take part in the device, including authorizing the machine to get permit charges with respect to the state and remit those charges into the State, authorizing collection costs because of the system to fund its solutions, amending definitions in this Title to conform with consistent forms used by the machine, authorizing the machine to process and keep permit documents, and authorizing utilization of the system’s consistent forms, upon the manager’s discovering that each brand brand new requirement is in keeping with the general public interest together with purposes of the Title; and

C. Demand a credit and back ground research of every applicant for the permit as that loan broker, a supervised loan provider that isn’t a supervised standard bank, or that loan officer thereof, by means including fingerprint checks for state and nationwide unlawful records, commencing at such time because the State joins the machine pursuant for this part. The price of such investigations should be charged into the candidates. Information obtained or held by the director pursuant to the subsection will probably be pursuant that is non-public part 6-116 and never at the mercy of disclosure.



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