Chapter 186 |
2025 -- S 0936 Enacted 06/24/2025 |
A N A C T |
RELATING TO FINANCIAL INSTITUTIONS -- AN ACT ADOPTING THE FEDERAL SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING ACT OF 2009 |
Introduced By: Senators Dimitri, Appollonio, and Thompson |
Date Introduced: April 04, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 19-14.10-17 of the General Laws in Chapter 19-14.10 entitled "An |
Act Adopting the Federal Secure and Fair Enforcement for Mortgage Licensing Act of 2009" is |
hereby amended to read as follows: |
19-14.10-17. Prohibited acts and practices. |
It is a violation of this chapter for a person or individual subject to this chapter to: |
(1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead |
borrowers or lenders or to defraud any person; |
(2) Engage in any unfair or deceptive practice toward any person; |
(3) Obtain property by fraud or misrepresentation; |
(4) Solicit or enter into a contract with a borrower that provides in substance that the person |
or individual subject to this chapter may earn a fee or commission through “best efforts” to obtain |
a loan even though no loan is actually obtained for the borrower; |
(5) Solicit, advertise, or enter into a contract for specific interest rates, points, or other |
financing terms unless the terms are actually available at the time of soliciting, advertising, or |
contracting; |
(6) Conduct any business covered by this chapter without holding a valid license as |
required under this chapter, or assist or aid and abet any person in the conduct of business under |
this chapter without a valid license as required under this chapter; |
(7) Fail to make disclosures as required by this chapter and any other applicable state or |
federal law including regulations thereunder; |
(8) Fail to comply with this chapter or rules or regulations promulgated under this chapter, |
or fail to comply with any other state or federal law, including the rules and regulations thereunder, |
applicable to any business authorized or conducted under this chapter; |
(9) Make, in any manner, any false or deceptive statement or representation with regard to |
the rates, points, or other financing terms or conditions for a residential mortgage loan, or engage |
in bait-and-switch advertising; |
(10) Negligently make any false statement or knowingly and willfully make any omission |
of material fact in connection with any information or reports filed with a governmental agency or |
the Nationwide Mortgage Licensing System and Registry or in connection with any investigation |
conducted by the director, or the director’s designee, or another governmental agency; |
(11) Make any payment, threat, or promise, directly or indirectly, to any person for the |
purposes of influencing the independent judgment of the person in connection with a residential |
mortgage loan, or make any payment, threat, or promise, directly or indirectly, to any appraiser of |
a property, for the purposes of influencing the independent judgment of the appraiser with respect |
to the value of the property; |
(12) Collect, charge, attempt to collect or charge, or use or propose any agreement |
purporting to collect or charge, any fee prohibited by this chapter; |
(13) Cause or require a borrower to obtain property insurance coverage in an amount that |
exceeds the replacement cost of the improvements as established by the property insurer; or |
(14) Fail to truthfully account for monies belonging to a party to a residential mortgage |
loan transaction. ; or |
(15) Act in the capacity of and compensated as both a real estate agent and mortgage loan |
originator in the same transaction. |
SECTION 2. This act shall take effect upon passage. |
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LC001779 |
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