Text: HF02499                           Text: HF02501
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2500

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 535B.1, subsection 3, Code 2001, is
  1  2 amended to read as follows:
  1  3    3.  "Licensee" means a person licensed under this chapter;
  1  4 however, any individual who is acting solely as an employee or
  1  5 agent of a mortgage banker or broker licensed under this Act
  1  6 need not be separately licensed.
  1  7    Sec. 2.  Section 535B.1, subsection 4, Code 2001, is
  1  8 amended to read as follows:
  1  9    4.  "Mortgage banker" means a person, including a natural
  1 10 person serving in the capacity of employee, agent, or
  1 11 independent contractor of a person, who does one or more of
  1 12 the following, whether such activities are conducted from a
  1 13 location within or outside this state:
  1 14    a.  Makes Originates at least four first mortgage loans on
  1 15 residential real property located in this state in a calendar
  1 16 year, with the expectation of compensation or gain that is
  1 17 determined according to the amount borrowed or the terms and
  1 18 conditions agreed to by the mortgage loan borrower.  Such a
  1 19 person's primary job responsibilities include negotiating with
  1 20 a borrower or potential borrower for the purpose of
  1 21 establishing the terms and conditions of the mortgage loan,
  1 22 including loans originated and sold in the secondary market.
  1 23    b.  Originates at least four first mortgage loans on
  1 24 residential real property located in this state in a calendar
  1 25 year and sells four or more such loans in the secondary
  1 26 market.
  1 27    c. b.  Services at least four first mortgage loans on
  1 28 residential real property located in this state.  However, a
  1 29 natural person, who services less than fifteen first mortgage
  1 30 loans on residential real estate within the state and who does
  1 31 not sell or transfer first mortgage loans, is exempt from this
  1 32 paragraph if that person is otherwise exempt from the
  1 33 provisions of this chapter.
  1 34    Sec. 3.  Section 535B.1, subsection 5, Code 2001, is
  1 35 amended to read as follows:
  2  1    5.  "Mortgage broker" means a person, including a natural
  2  2 person serving in the capacity of employee, agent, or
  2  3 independent contractor of a person, who arranges or
  2  4 negotiates, for compensation, or in the expectation of
  2  5 compensation, or attempts to arrange or negotiate, at least
  2  6 four first mortgage loans or commitments for four or more such
  2  7 loans on residential real property located in this state in a
  2  8 calendar year, whether such activities are conducted from a
  2  9 location within or outside of this state.
  2 10    Sec. 4.  Section 535B.2, unnumbered paragraph 1, Code 2001,
  2 11 is amended to read as follows:
  2 12    This chapter, except for sections 535B.3, 535B.11, 535B.12,
  2 13 and 535B.13, does not apply to any of the following or to an
  2 14 employee of any of the following:
  2 15    Sec. 5.  Section 535B.2, subsections 9 and 12, Code 2001,
  2 16 are amended by striking the subsections.
  2 17    Sec. 6.  Section 535B.2, Code 2001, is amended by adding
  2 18 the following new subsections:
  2 19    NEW SUBSECTION.  14.  A person who, as a seller of real
  2 20 property located in this state, receives one or more mortgages
  2 21 or deeds of trust as security for a separate monetary
  2 22 obligation.
  2 23    NEW SUBSECTION.  15.  An agency of any state or of the
  2 24 United States.
  2 25    NEW SUBSECTION.  16.  A person who receives a mortgage or
  2 26 deed of trust on real estate as security for an obligation
  2 27 payable on an installment or deferred payment basis and
  2 28 arising by reason of materials furnished or services rendered
  2 29 in the improvement of the real estate, or any lien created
  2 30 without the consent of the owner of the real estate.
  2 31    NEW SUBSECTION.  17.  A person, including a natural person
  2 32 serving in the capacity as an employee, agent, or independent
  2 33 contractor of a mortgage banker or mortgage broker, whose
  2 34 responsibilities are clerical or administrative functions,
  2 35 including but not limited to gathering information, requesting
  3  1 information, word processing, soliciting general interest in
  3  2 mortgage loans, sending correspondence, and assembling files.
  3  3    NEW SUBSECTION.  18.  Any other person designated by rule
  3  4 or order of the administrator.
  3  5    Sec. 7.  Section 535B.3, subsection 1, Code 2001, is
  3  6 amended to read as follows:
  3  7    1.  A person exempt under section 535B.2, subsection 10,
  3  8 11, 12, or 13, but not including any employee of such person,
  3  9 shall register with the administrator.
  3 10    Sec. 8.  Section 535B.4, Code 2001, is amended to read as
  3 11 follows:
  3 12    535B.4  GENERAL LICENSING REQUIREMENTS.
  3 13    1.  A person shall not act as a mortgage banker or mortgage
  3 14 broker in this state or use the title "mortgage banker" or
  3 15 "mortgage broker" without first obtaining a license from the
  3 16 administrator.
  3 17    2.  License applicants shall submit to the administrator an
  3 18 application on forms provided by the administrator.  The forms
  3 19 shall include, at a minimum, all addresses at which business
  3 20 is to be conducted, the name of each natural person or the
  3 21 names and titles of each director and principal officers of
  3 22 the business, and a description of the activities of the
  3 23 applicant in such detail as the administrator may require.
  3 24    3.  For all applicants, other than natural persons serving
  3 25 in the capacity of employee, agent, or contractor, and meeting
  3 26 the definition of mortgage banker and mortgage broker in
  3 27 section 535B.1, subsections 4 and 5, the following apply:
  3 28    3. a.  The applicant shall also submit a recently prepared
  3 29 certified financial statement.
  3 30    4. b.  The applicant for an initial license shall submit a
  3 31 fee in the amount of five hundred dollars.
  3 32    5. c.  Licenses granted under this chapter are not
  3 33 assignable.
  3 34    6. d.  Licenses granted under this chapter expire on the
  3 35 next June 30 after their issuance.
  4  1    7. e.  Applications for renewals of licenses under this
  4  2 chapter must be filed with the administrator before June 1 of
  4  3 the year of expiration and must be accompanied by a fee of two
  4  4 hundred dollars for a license to transact business solely as a
  4  5 mortgage broker, and four hundred dollars for a license to
  4  6 transact business as a mortgage banker.
  4  7    4.  Rules regarding applications for licenses and renewals
  4  8 of licenses for applicants, including natural persons serving
  4  9 in the capacity of employee, agent, or contractor, meeting the
  4 10 definition of mortgage banker and mortgage broker in section
  4 11 535B.1, subsections 4 and 5, shall be determined by the
  4 12 administrator.
  4 13    Sec. 9.  Section 535B.6, Code 2001, is amended to read as
  4 14 follows:
  4 15    535B.6  LICENSING OF FOREIGN CORPORATION ENTITY.
  4 16    An applicant that is a foreign corporation or other entity
  4 17 that may qualify to conduct business in this state must be
  4 18 authorized to do business in this state.  A foreign
  4 19 corporation or other such entity shall file with the license
  4 20 application both of the following:
  4 21    1.  An irrevocable consent, duly acknowledged, that suits
  4 22 and actions may be commenced against that licensee in the
  4 23 courts of this state by service of process in the usual manner
  4 24 provided for by the statutes and court rules of this state.
  4 25    2.  Proof of authorization to do business in this state.
  4 26    Sec. 10.  Section 535B.7, subsection 2, unnumbered
  4 27 paragraph 1, Code 2001, is amended to read as follows:
  4 28    The administrator may order an emergency suspension of a
  4 29 licensee's license pursuant to section 17A.18A.  A written
  4 30 order containing the facts or conduct which warrants the
  4 31 emergency action shall be timely sent to the licensee by
  4 32 restricted certified mail, as defined in section 618.15.  Upon
  4 33 issuance of the suspension order, the licensee must also be
  4 34 notified of the right to an evidentiary hearing.  A suspension
  4 35 proceeding shall be promptly instituted and determined.
  5  1    Sec. 11.  Section 535B.10, subsection 1, Code 2001, is
  5  2 amended to read as follows:
  5  3    1.  Within one hundred twenty days after the end of a
  5  4 licensee's fiscal year, the licensee, other than natural
  5  5 persons serving in the capacity of employee, agent, or
  5  6 contractor and meeting the definition of mortgage banker and
  5  7 mortgage broker in section 535B.1, subsections 4 and 5, shall
  5  8 file financial statements which that are certified by an
  5  9 independent accounting firm except that financial statements
  5 10 filed by a licensee who is a natural person shall be certified
  5 11 by the licensee.
  5 12    Sec. 12.  Section 535B.11, unnumbered paragraph 1, Code
  5 13 2001, is amended to read as follows:
  5 14    A licensee or other mortgagee who or other person that
  5 15 services mortgages on residential real estate located in this
  5 16 state shall do all of the following:
  5 17    Sec. 13.  Section 535B.12, Code 2001, is amended to read as
  5 18 follows:
  5 19    535B.12  PAYMENT PROCESSING.
  5 20    A licensee or other mortgagee or other person that services
  5 21 mortgages on residential real estate located in this state
  5 22 shall not assess a late charge if full payment is received
  5 23 before the date late charges are authorized in the mortgage
  5 24 documents and shall post all periodic payments in full within
  5 25 two business days of receipt.
  5 26    Sec. 14.  NEW SECTION.  535B.17  MORTGAGE BANKERS AND
  5 27 BROKERS BOARD.
  5 28    1.  A state mortgage bankers and brokers board is
  5 29 established and shall be composed of the administrator, who
  5 30 shall be an ex officio nonvoting member and chairperson, and
  5 31 five other members, appointed by the governor, who shall be
  5 32 chosen from various regions of the state.  No more than three
  5 33 members of the board shall be mortgage bankers or mortgage
  5 34 brokers.  In case of a vacancy in the board, other than one
  5 35 resulting from a vacancy in the office of the administrator,
  6  1 the governor shall appoint a new member to fill such vacancy
  6  2 for the unexpired term.
  6  3    2.  The regular term of office of each member, other than
  6  4 the administrator, shall be contemporaneous with the regular
  6  5 term of office of the administrator as defined in section
  6  6 524.201, subsection 2, and each member shall hold office for
  6  7 such term and until the member's successor shall have been
  6  8 appointed by the governor.
  6  9    3.  A member of the state mortgage bankers and brokers
  6 10 board, other than the administrator, shall not receive a
  6 11 salary but is entitled to reimbursement for actual expenses
  6 12 incurred by the member in connection with the member's duties.
  6 13 Each member of the board may also be eligible to receive
  6 14 compensation as provided in section 7E.6.
  6 15    4.  The state mortgage bankers and brokers board shall act
  6 16 with the administrator in an advisory capacity concerning all
  6 17 matters pertaining to the conduct of the administration of the
  6 18 provisions of this chapter and shall perform such other duties
  6 19 as are specifically provided for by the laws of this state.
  6 20    5.  The state mortgage bankers and brokers board shall meet
  6 21 at least six times in each calendar year, on such dates and at
  6 22 such places at the board may designate, and shall meet at such
  6 23 other times as the board may deem necessary, or when called by
  6 24 the chairperson of the board, or any two members of the board.
  6 25    Sec. 15.  EFFECTIVE DATE.  This Act takes effect January 1,
  6 26 2003.  
  6 27                           EXPLANATION 
  6 28    This bill makes amendments to Code chapter 535B, regarding
  6 29 mortgage bankers and brokers.
  6 30    The bill amends the definitions of "licensee", "mortgage
  6 31 banker", and "mortgage broker".
  6 32    The bill deletes exemptions under Code section 535B.2 for
  6 33 insurance companies and certain mortgage lenders, and adds
  6 34 exemptions for state and federal agencies, persons selling
  6 35 real property and holding mortgages as security for a separate
  7  1 monetary obligation, mortgages held to secure mechanic's
  7  2 liens, clerical or administrative employees of mortgage
  7  3 bankers or brokers, and persons designated by rule or order of
  7  4 the superintendent of banking.  A related change is made to
  7  5 Code section 535B.3 to reflect the deletion of an exemption.
  7  6    The bill amends Code section 535B.3 to specify that
  7  7 employees of exempt persons need not register with the
  7  8 superintendent of banking.
  7  9    The bill amends Code section 535B.4 to require the names of
  7 10 natural persons on the forms, and to provide for rules on
  7 11 licenses and renewals.  The bill also reorganizes the section.
  7 12    The bill amends Code section 535B.6 to provide that foreign
  7 13 entities other than foreign corporations may be licensed.
  7 14    The bill amends Code section 535B.7 to refer to the
  7 15 definition of "restricted certified mail" in Code section
  7 16 618.15, which means any form of certified mail which carries
  7 17 on the face, in a conspicuous place the endorsement, "Deliver
  7 18 to addressee only", and for which the post office provides the
  7 19 mailer with a return receipt showing the date of delivery, the
  7 20 place of delivery, and person to whom delivered.
  7 21    The bill amends Code section 535B.10 to provide that
  7 22 financial statements filed by licensees who are natural
  7 23 persons shall be certified by the licensee.
  7 24    The bill amends Code sections 535B.11 and 535B.12 to
  7 25 regulate other persons who service mortgages.
  7 26    The bill adds new Code section 535B.17, which creates a new
  7 27 mortgage bankers and brokers board, composed of the
  7 28 superintendent of banking and five other members appointed by
  7 29 the governor, who meet at least six times per year, to advise
  7 30 on matters pertaining to Code chapter 535B.
  7 31    The bill takes effect January 1, 2003.  
  7 32 LSB 6858HV 79
  7 33 jj/pj/5
     

Text: HF02499                           Text: HF02501
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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