RELATING TO MORTGAGES
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Introduced By: Senators Bates, Issa, and Celona |
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Date Introduced: January 01, 2002 |
It is enacted
by the General Assembly as follows:
SECTION 1. Section 27-5-3.2 of the General Laws in Chapter 27-5
entitled "Fire Insurance Policies and Reserves" is hereby amended to
read as follows:
27-5-3.2. Property insurance. --
No person, bank, or lending institution, as defined in section 19-9-1
of the general laws, doing business in this state, whether acting under
state or federal authority, which includes but is not limited to (1) a bank,
savings bank, or trust company, as defined in this title, its affiliates or
subsidiaries, (2) or a bank holding company, as defined in 12
U.S.C. section 1841, its affiliates or subsidiaries, (3) mortgage companies,
and (4) any other individual, corporation, partnership, or association
authorized to take deposits and/or to make loans of money under the provisions
of chapters 20, 21, 22, 23, 24, 25, 25.2, and 25.3 of title 19, making a
mortgage loan, shall, as a condition of the mortgage or as a term of the
mortgage deed, require that the mortgagor carry property insurance on the
property which is the subject of the mortgage in excess of the replacement cost
of any buildings or appurtenances subject to the mortgage; provided, that if
a mortgage is sold, transferred, conveyed, or assigned, when in the
course of selling, transferring, conveying or assigning a mortgage, the
servicing rights of said mortgage are similarly transferred, conveyed or
assigned, then and in that event it shall be the responsibility of the
holder of the mortgage to notify the insurance producer issuing the property
insurance policy and the insurer in writing of that sale, transfer,
conveyance, or assignment. This notice shall be made in writing and shall be
sent to the insurance producer and
the insurer within thirty (30) days of the sale, transfer, conveyance, or
assignment by registered mail. In the event that the holder of a
mortgage shall fail to notify the insurance producer and the insurer who
issued the property insurance policy that is in force, in writing, of that
sale, transfer, conveyance, or assignment within thirty (30) days, the holder
shall indemnify and hold the insurance producer harmless.
SECTION 2. Chapter 19-9 of the General Laws entitled
"Community Obligations and Banking Offenses" is hereby amended by
adding thereto the following section:
19-9-34. Property insurance. -- Every
lending institution shall be subject to the provisions of section 27-5-3.2 of
the general laws.
SECTION
3. This act shall take effect on April 1, 2003.