CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  9

10  ______________________________________________________________

11  Representative(s) Kendrick offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 17, through page 11, line 31,

15  remove:  all of said lines,

16

17  and insert:

18         (7)  "Lender" means any person who makes a high-cost

19  home loan or acts as a mortgage broker or lender, finance

20  company, or retail installment seller with respect to a

21  high-cost home loan.

22         Section 3.  Prohibited acts.--

23         (1)  PREPAYMENT PENALTIES.--

24         (a)  A high-cost home loan may not contain terms that

25  require a borrower to pay a prepayment penalty for paying all

26  or part of the loan principal before the date on which the

27  payment is due.

28         (b)  Notwithstanding paragraph (a), a lender making a

29  high-cost home loan may include in the loan contract a

30  prepayment fee or penalty, for up to the first 36 months after

31  the date of consummation of the loan, if:

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1         1.  The borrower has also been offered a choice of

  2  another product without a prepayment penalty.

  3         2.  The borrower has been given, at least 3 business

  4  days prior to the loan consummation, a written disclosure of

  5  the terms of the prepayment fee or penalty by the lender,

  6  including the benefit the borrower will receive for accepting

  7  the prepayment fee or penalty through either a reduced

  8  interest rate on the loan or reduced points or fees.

  9         (2)  DEFAULT INTEREST RATE.--A high-cost home loan may

10  not provide for a higher interest rate after default on the

11  loan. However, this prohibition does not apply to interest

12  rate changes in a variable rate loan otherwise consistent with

13  the provisions of the loan documents, provided the change in

14  interest rate is not triggered by a default or the

15  acceleration of the interest rate.

16         (3)  BALLOON PAYMENTS.--A high-cost home loan having a

17  term of less than 5 years may not contain terms under which

18  the aggregate amount of the regular periodic payments would

19  not fully amortize the outstanding principal balance.

20  However, this prohibition does not apply when the payment

21  schedule is adjusted to account for the seasonal or irregular

22  income of the borrower or if the loan is a bridge loan.

23         (4)  NEGATIVE AMORTIZATION.--A high-cost home loan may

24  not contain terms under which the outstanding principal

25  balance will increase at any time over the course of the loan

26  because the regular periodic payments do not cover the full

27  amount of the interest due.

28         (5)  PREPAID PAYMENTS.--A high-cost home loan may not

29  include terms under which more than two periodic payments

30  required under the loan are consolidated and paid in advance

31  from the loan proceeds provided to the borrower.

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1         (6)  EXTENDING CREDIT WITHOUT REGARD TO THE PAYMENT

  2  ABILITY OF THE BORROWER.--A lender making a high-cost home

  3  loan shall not engage in any pattern or practice of extending

  4  high-cost home loans to borrowers based upon the borrowers'

  5  collateral without regard to the borrowers' ability to repay

  6  the loan, including the borrowers' current and expected

  7  income, current obligations, and employment.

  8         (7)  PAYMENTS TO A HOME CONTRACTOR.--A lender shall not

  9  make any payments to a contractor under a home improvement

10  contract from amounts of a high-cost home loan other than:

11         (a)  In the form of an instrument that is payable to

12  the borrower or jointly to the borrower and the contractor; or

13         (b)  At the election of the borrower by a third-party

14  escrow agent in accordance with terms established in a written

15  agreement signed by the borrower, the lender, and the

16  contractor prior to the date of payment.

17         (8)  DUE-ON-DEMAND CLAUSE.--A creditor shall not

18  terminate a loan in advance of the original maturity date of

19  the loan and demand repayment of the entire outstanding

20  balance, except when:

21         (a)  There is fraud or material misrepresentation by

22  the consumer in connection with the loan;

23         (b)  The consumer fails to meet the repayment terms of

24  the agreement for any outstanding balance; or

25         (c)  There is any action or inaction by the borrower

26  that adversely affects the lender's security for the loan or

27  any right of the creditor in such security.

28         (9)  REFINANCING WITHIN A 1-YEAR PERIOD.--

29         (a)  A lender, its affiliate, or an assignee shall not

30  refinance any high-cost home loan to the same borrower when

31  the refinancing does not have a reasonable benefit to the

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  borrower considering all of the circumstances, including, but

  2  not limited to, the terms of both the new and refinanced

  3  loans, the cost of the new loan, and the borrower's

  4  circumstances.

  5         (b)  For purposes of paragraph (a), a presumption of

  6  reasonable benefit to the borrower occurs when:

  7         1.  The borrower's monthly payment to pay a new

  8  consolidated loan will be lower than the total of all monthly

  9  obligations being financed, taking into consideration all

10  costs and fees;

11         2.  There is a beneficial change for the borrower in

12  the duration of the loan;

13         3.  The borrower receives a reasonable amount of cash

14  in excess of and in relation to the costs and fees as part of

15  the refinancing; or

16         4.  There is a change from an adjustable rate loan to a

17  fixed rate loan, taking into account all costs and fees.

18         (c)  A lender or assignee shall not engage in acts or

19  practices to evade this requirement, including a pattern or

20  practice of arranging for the refinancing of the lender's or

21  assignee's own loans by affiliated or unaffiliated lenders or

22  modifying a loan agreement, whether or not the existing loan

23  is satisfied and replaced by the new loan, and charging a fee.

24         (10)  OPEN-ENDED LOANS.--A lender shall not make any

25  loan as an open-ended loan in order to evade the provisions of

26  this act unless such open-ended loans meet the definition in

27  12 C.F.R. s. 226.2(a)(20).

28         (11)  RECOMMENDATION OF DEFAULT.--No creditor shall

29  recommend or encourage default on an existing loan or other

30  debt prior to and in connection with the closing or planned

31  closing of a high-cost home loan that refinances all or any

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  portion of such existing loan or debt.

  2         (12)  PROHIBITED LOANS.--A high-cost home loan may not

  3  be made as a direct result of a potential or future lender or

  4  its representative offering or selling a high-cost home loan

  5  at the residence of a potential borrower without a prearranged

  6  appointment with the potential borrower or the expressed

  7  invitation of the potential borrower. This subsection does not

  8  apply to mail solicitations that may be received by the

  9  potential borrower.

10         Section 4.  Required disclosures for high-cost home

11  loans.--

12         (1)  In addition to other disclosures required by law

13  and in conspicuous type:

14         (a)  NOTICE TO BORROWER.--A lender making a high-cost

15  home loan shall provide a notice to a borrower in

16  substantially the following form:

17         If you obtain this high-cost home loan, the lender will

18  have a mortgage on your home.  You could lose your home and

19  any money you have put into it if you do not meet your

20  obligations under the loan.

21         Mortgage loan rates and closing costs and fees vary

22  based on many factors, including your particular credit and

23  financial circumstances, your employment history, the

24  loan-to-value requested, and the type of property that will

25  secure your loan.  The loan rate and fees could also vary

26  based upon which lender or broker you select.  As a borrower,

27  you should shop around and compare loan rates and fees.

28         You should also consider consulting a qualified

29  independent credit counselor or other experienced financial

30  advisor regarding the rates, fees, and provisions of this

31  mortgage loan before you proceed.

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1         You are not required to complete this agreement merely

  2  because you have received these disclosures or have signed a

  3  loan application.

  4         Borrowing for the purpose of debt consolidation can be

  5  an appropriate financial management tool.  However, if you

  6  continue to incur significant new credit card charges or other

  7  debts after this high-cost home loan is closed and then

  8  experience financial difficulties, you could lose your home

  9  and any equity you have in it if you do not meet your mortgage

10  loan obligations.

11         Remember that property taxes and homeowners' insurance

12  are your responsibility.  Not all lenders provide escrow

13  services for these payments.  You should ask your lender about

14  these services.

15         Also, your payments on existing debts contribute to

16  your credit rating.  You should not accept any advice to

17  ignore your regular payments to your existing creditors.

18         (b)  ANNUAL PERCENTAGE RATE.--A lender making a

19  high-cost home loan shall disclose:

20         1.  In the case of a fixed mortgage, the annual

21  percentage rate and the amount of the regular monthly payment.

22         2.  In the case of any other credit transaction, the

23  annual percentage rate, the amount of the regular monthly

24  payment and the amount of any balloon payment permitted under

25  this section, a statement that the interest rate and monthly

26  payment may increase, and the amount of the maximum monthly

27  payment based upon the maximum interest rate allowed pursuant

28  to law.

29         (c)  NOTICE TO PURCHASERS AND ASSIGNEES.--All high-cost

30  home loans shall contain the following notice:

31         Notice: This is a mortgage subject to the provisions of

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  the Florida Fair Lending Act. Purchasers and assignees of this

  2  mortgage could be liable for all claims and defenses with

  3  respect to the mortgage which the borrower could assert

  4  against the creditor.

  5         (2)  Timing of disclosure.--

  6         (a)  The disclosure required by this subsection shall

  7  be given not less than 3 business days prior to the

  8  consummation of the high-cost home loan.

  9         (b)  New disclosures are required when, after

10  disclosure is made, the lender making the high-cost home loan

11  changes the terms of the extension of credit, including if

12  such changes make the original disclosures inaccurate, unless

13  new disclosures are provided that meet the requirements of

14  this section.

15         (c)  A lender may provide new disclosures pursuant to

16  paragraph (b) by telephone, if:

17         1.  The change is initiated by the borrower.

18         2.  At the consummation of the high-cost home loan:

19         a.  The lender provides the disclosures in writing to

20  the borrower.

21         b.  The lender and the borrower certify in writing that

22  the new disclosures were provided by telephone no later than 3

23  days prior to the consummation of the high-cost home loan.

24         (d)  A creditor must disclose to any high-cost home

25  loan borrower the rights of the borrower to rescind the

26  high-cost home loan pursuant to 15 U.S.C. s. 1635(a) and shall

27  provide appropriate forms for the borrower to exercise his or

28  her right to rescission. The notice, forms, and provisions

29  thereof must be in accordance with the requirements of 15

30  U.S.C. s. 1635(a).

31         Section 5.  Liability of purchasers and assignees.--Any

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  person who purchases or is otherwise assigned a high-cost home

  2  loan shall be subject to all claims and defenses with respect

  3  to that mortgage that the borrower could assert against the

  4  creditor of the mortgage, to the same extent and subject to

  5  the same limitations that a borrower of a high-cost home loan

  6  may assert against an assignee or purchaser pursuant to 15

  7  U.S.C. s. 1641.

  8         Section 6.  Powers and duties of the Department of

  9  Banking and Finance; investigations; examinations;

10  injunctions; orders.--

11         (1)(a)  The department shall be responsible for the

12  administration and enforcement of this act.

13         (b)  The department may adopt rules pursuant to ss.

14  120.536(1) and 120.54, Florida Statutes, to implement this

15  act. The department may adopt rules to allow electronic

16  submission of any forms, documents, or fees required by this

17  act.

18         (2)(a)  The department may conduct an investigation of

19  any person whenever the department has reason to believe, upon

20  complaint or otherwise, that any violation of the act has

21  occurred.

22         (b)  Any person having reason to believe that a

23  provision of this act has been violated may file a written

24  complaint with the department setting forth the details of the

25  alleged violation.

26         (c)  The department may conduct examinations of any

27  person to determine compliance with this act.

28         (3)(a)  The department may bring action, through its

29  own counsel in the name and on behalf of the state, against

30  any person who has violated or is about to violate any

31  provision of this act, or any rule or order of the department

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  issued under the act, to enjoin the person from continuing in

  2  or engaging in any act in furtherance of the violation.

  3         (b)  In any injunctive proceeding, the court may, on

  4  due showing by the department, issue a subpoena or subpoena

  5  duces tecum requiring the attendance of any witness and

  6  requiring the production of any books, accounts, records, or

  7  other documents and materials that appear necessary to the

  8  expeditious resolution of the application for injunction.

  9         (4)  The department may issue and serve upon any person

10  an order to cease and desist and to take corrective action

11  whenever the department has reason to believe the person is

12  violating, has violated, or is about to violate any provision

13  of this act, any rule or order of the department issued under

14  this act, or any written agreement between the person and the

15  department. All procedural matters relating to issuance and

16  enforcement of cease and desist orders are governed by the

17  Administrative Procedure Act.

18         (5)  Whenever the department finds a person in

19  violation of this act, it may enter an order imposing a fine

20  in an amount not exceeding $5,000 for each count or separate

21  offense, provided that the aggregate fine for all violations

22  of this act that could have been asserted at the time of the

23  order imposing the fine shall not exceed $250,000.

24         (6)  Any violation of this act shall also be deemed to

25  be a violation of chapter 494, chapter 516, chapter 520,

26  chapter 655, chapter 657, chapter 658, chapter 660, chapter

27  663, chapter 665, or chapter 667, Florida Statutes. The

28  department may adopt rules to enforce this subsection.

29         Section 7.  General rule.--All political subdivisions

30  of this state are prohibited from enacting and enforcing

31  ordinances, resolutions, and rules regulating financial or

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  lending activities, including ordinances, resolutions, and

  2  rules disqualifying persons from doing business with a

  3  political subdivision based upon lending interest rates or

  4  imposing reporting requirements or any other obligations upon

  5  persons regarding financial services or lending practices of

  6  persons or entities, and any subsidiaries or affiliates

  7  thereof, who:

  8         (1)  Are subject to the jurisdiction of the department,

  9  including for activities subject to this chapter;

10         (2)  Are subject to the jurisdiction of the Office of

11  Thrift Supervision, the Office of the Comptroller of the

12  Currency, the National Credit Union Administration, the

13  Federal Deposit Insurance Corporation, the Federal Trade

14  Commission, or the United States Department of Housing and

15  Urban Development;

16         (3)  Originate, purchase, sell, assign, secure, or

17  service property interests or obligations created by financial

18  transactions or loans made, executed, or originated by persons

19  referred to in subsection (1) or subsection (2) to assist or

20  facilitate such transactions;

21         (4)  Are chartered by the United States Congress to

22  engage in secondary market mortgage transactions; or

23         (5)  Are created by the Florida Housing Finance

24  Corporation.

25

26  Proof of noncompliance with this act can be used by a city,

27  county, or municipality of this state to disqualify a vendor

28  or contractor from doing business with a city, county, or

29  municipality of this state.

30

31

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                                                   HOUSE AMENDMENT

    775-121AX-32                               Bill No. CS/HB 1471

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 6, after the semicolon,

  4

  5  insert:

  6         specifying liability of purchasers and

  7         assignees;

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