| 1 | A bill to be entitled |
| 2 | An act relating to loan origination; amending s. |
| 3 | 494.00255, F.S.; reenacting a reference to certain federal |
| 4 | laws for purposes of incorporating rules adopted under |
| 5 | such laws; specifying application of disciplinary |
| 6 | procedures to principal loan originators for actions of |
| 7 | loan originators; amending s. 494.00331, F.S.; specifying |
| 8 | nonapplication of certain limitations to licensed loan |
| 9 | originators operating solely as loan processors; providing |
| 10 | a definition; prohibiting acting as a loan processor |
| 11 | unless licensed as a loan originator; requiring a |
| 12 | declaration of intent to engage solely in loan processing; |
| 13 | authorizing withdrawal of a declaration of intent; |
| 14 | authorizing payment of a loan processor's fee without |
| 15 | violating certain restrictions; creating s. 494.00335, |
| 16 | F.S.; exempting certain mobile home dealers licensed under |
| 17 | ch. 494 and ch. 320, F.S., from licensure under ch. 520, |
| 18 | F.S.; providing that certain mobile home dealer employees |
| 19 | are not loan originators; amending s. 494.0038, F.S.; |
| 20 | revising requirements relating to a good faith estimate by |
| 21 | a loan originator; requiring a disclosure document to be |
| 22 | signed and dated by the borrower; amending s. 494.0067, |
| 23 | F.S.; deleting a requirement for licensure application |
| 24 | prior to certain purchases or acquisitions under certain |
| 25 | conditions; providing an effective date. |
| 26 | |
| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
|
| 29 | Section 1. Paragraph (m) of subsection (1) of section |
| 30 | 494.00255, Florida Statutes, is reenacted, and subsection (5) of |
| 31 | that section is amended, to read: |
| 32 | 494.00255 Administrative penalties and fines; license |
| 33 | violations.- |
| 34 | (1) Each of the following acts constitutes a ground for |
| 35 | which the disciplinary actions specified in subsection (2) may |
| 36 | be taken against a person licensed or required to be licensed |
| 37 | under part II or part III of this chapter: |
| 38 | (m) In any mortgage transaction, violating any provision |
| 39 | of the federal Real Estate Settlement Procedures Act, as |
| 40 | amended, 12 U.S.C. ss. 2601 et seq.; the federal Truth in |
| 41 | Lending Act, as amended, 15 U.S.C. ss. 1601 et seq.; or any |
| 42 | regulations adopted under such acts. |
| 43 | (5) A principal loan originator of a mortgage lender is |
| 44 | subject to the disciplinary actions specified in subsection (2) |
| 45 | for violations of subsection (1) by a loan originator an |
| 46 | associate of a mortgage lender if there is a pattern of repeated |
| 47 | violations by the loan originator associate or if the principal |
| 48 | loan originator has knowledge of the violations. |
| 49 | Section 2. Section 494.00331, Florida Statutes, as amended |
| 50 | by chapter 2009-241, Laws of Florida, is amended to read: |
| 51 | 494.00331 Loan originator employment.- |
| 52 | (1) An individual may not act as a loan originator unless |
| 53 | he or she is an employee of, or an independent contractor for, a |
| 54 | mortgage broker or a mortgage lender, and may not be employed by |
| 55 | or contract with more than one mortgage broker or mortgage |
| 56 | lender, or either simultaneously. However, this provision does |
| 57 | not apply to any licensed loan originator who acts solely as a |
| 58 | loan processor and contracts with more than one mortgage broker |
| 59 | or mortgage lender, or either simultaneously. |
| 60 | (2) For purposes of this section, the term "loan |
| 61 | processor" means an individual who is licensed as a loan |
| 62 | originator who engages only in: |
| 63 | (a) The receipt, collection, distribution, and analysis of |
| 64 | information common for the processing or underwriting of a |
| 65 | residential mortgage loan; or |
| 66 | (b) Communication with consumers to obtain the information |
| 67 | necessary for the processing or underwriting of a loan, to the |
| 68 | extent that such communication does not include offering or |
| 69 | negotiating loan rates or terms or does not include counseling |
| 70 | consumers about residential mortgage loan rates or terms. |
| 71 | (3) A person may not act as a loan processor unless the |
| 72 | person is licensed as a loan originator under this chapter and |
| 73 | has on file with the office a declaration of intent to engage |
| 74 | solely in loan processing. The declaration of intent must be on |
| 75 | such form as prescribed by the commission by rule. |
| 76 | (4) A loan originator that currently has a declaration of |
| 77 | intent to engage solely in loan processing on file with the |
| 78 | office may withdraw his or her declaration of intent to engage |
| 79 | solely in loan processing. The withdrawal of declaration of |
| 80 | intent must on such form as prescribed by commission rule. |
| 81 | (5) A declaration of intent or a withdrawal of declaration |
| 82 | of intent is effective upon receipt by the office. |
| 83 | (6) The fee earned by a loan processor may be paid to the |
| 84 | company that employs the loan processor without violating the |
| 85 | restriction in s. 494.0025(7) requiring fees or commissions to |
| 86 | be paid to a licensed mortgage broker or mortgage lender or a |
| 87 | person exempt from licensure under this chapter. |
| 88 | Section 3. Section 494.00335, Florida Statutes, is created |
| 89 | to read: |
| 90 | 494.00335 Mobile home dealers.- |
| 91 | (1) A dealer, as defined in s. 320.77, is exempt from the |
| 92 | licensure requirements under s. 520.03 if the dealer holds a |
| 93 | mortgage broker or mortgage lender license issued under this |
| 94 | chapter and a dealer license issued under chapter 320 and |
| 95 | engages only in the sale of tangible personal property |
| 96 | dwellings. |
| 97 | (2) An employee of a dealer licensed as a mortgage broker |
| 98 | or mortgage lender who performs only administrative or clerical |
| 99 | tasks as described in s. 494.001(14) is not included in the |
| 100 | definition of the term "loan originator." |
| 101 | Section 4. Paragraph (c) of subsection (3) of section |
| 102 | 494.0038, Florida Statutes, as amended by chapter 2009-241, Laws |
| 103 | of Florida, is amended to read: |
| 104 | 494.0038 Loan origination and mortgage broker fees and |
| 105 | disclosures.- |
| 106 | (3) At the time a written mortgage broker agreement is |
| 107 | signed by the borrower or forwarded to the borrower for |
| 108 | signature, or at the time the mortgage broker business accepts |
| 109 | an application fee, credit report fee, property appraisal fee, |
| 110 | or any other third-party fee, but at least 3 business days |
| 111 | before execution of the closing or settlement statement, the |
| 112 | mortgage broker shall disclose in writing to any applicant for a |
| 113 | mortgage loan the following information: |
| 114 | (c) A good faith estimate, signed and dated by the |
| 115 | borrower, which discloses the total amount of each of the fees |
| 116 | the borrower may reasonably expect to pay if the loan is closed, |
| 117 | including, but not limited to, fees earned by the mortgage |
| 118 | broker, lender fees, third-party fees, and official fees, |
| 119 | together with the terms and conditions for obtaining a refund of |
| 120 | such fees, if any. |
| 121 | 1. Any amount collected in excess of the actual cost shall |
| 122 | be returned within 60 days after rejection, withdrawal, or |
| 123 | closing. |
| 124 | 2. At the time a The good faith estimate is provided to |
| 125 | the borrower, the loan originator must identify in writing the |
| 126 | recipient of all payments charged the borrower, which and, |
| 127 | except for all fees to be received by the mortgage broker, may |
| 128 | be disclosed in generic terms, such as, but not limited to, paid |
| 129 | to lender, appraiser, officials, title company, or any other |
| 130 | third-party service provider. This requirement does not supplant |
| 131 | or is not a substitute for the written mortgage broker agreement |
| 132 | described in subsection (1). The disclosure required under this |
| 133 | subparagraph must be signed and dated by the borrower. |
| 134 | Section 5. Subsection (4) of section 494.0067, Florida |
| 135 | Statutes, as amended by chapter 2009-241, Laws of Florida, is |
| 136 | amended to read: |
| 137 | 494.0067 Requirements of mortgage lenders.- |
| 138 | (4) A mortgage lender shall report any changes in the |
| 139 | principal loan originator, any addition or subtraction of a |
| 140 | control person, or any change in the form of business |
| 141 | organization by written amendment in such form and at such time |
| 142 | that the commission specifies by rule. |
| 143 | (a) In any case in which a person or a group of persons, |
| 144 | directly or indirectly or acting by or through one or more |
| 145 | persons, proposes to purchase or acquire a controlling interest |
| 146 | in a licensee, such person or group must submit an initial |
| 147 | application for licensure as a mortgage lender before such |
| 148 | purchase or acquisition and at the time and in the form |
| 149 | prescribed by the commission by rule. |
| 150 | (b) Any addition of a control person who has not |
| 151 | previously filed a Uniform Mortgage Biographical Statement & |
| 152 | Consent Form, MU2, or has not previously complied with the |
| 153 | fingerprinting and credit report requirements of s. 494.00611 is |
| 154 | subject to the provisions of this section. If, after the |
| 155 | addition of a control person, the office determines that the |
| 156 | licensee does not continue to meet licensure requirements, the |
| 157 | office may bring administrative action in accordance with s. |
| 158 | 494.00255 to enforce this section. |
| 159 | Section 6. This act shall take effect October 1, 2010. |