Text: S05079                            Text: S05081
Text: S05000 - S05099                   Text: S Index
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Senate Amendment 5080

Amendment Text

PAG LIN
  1  1    Amend Senate File 2107 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  524.218A  PRODUCTION OF
  1  5 RECORDS.
  1  6    1.  A state bank shall provide upon request in
  1  7 writing from a borrower, the authorized agent or
  1  8 trustee of the borrower, or a person holding a power
  1  9 of attorney granted by the borrower, a reasonable
  1 10 number of copies of any loan or credit payoff
  1 11 statement relating to any extension of credit made to
  1 12 the borrower.  The loan or credit payoff statement
  1 13 must be provided within thirty business days of the
  1 14 written request.  The state bank may charge a
  1 15 reasonable fee for this service which shall not exceed
  1 16 the cost of providing a copy or copies of any or all
  1 17 requested loan or credit payoff statements.
  1 18    2.  The superintendent may provide by rule for
  1 19 sanctions for noncompliance, and shall establish a
  1 20 maximum charge for copying which shall not exceed the
  1 21 cost of providing the service, and shall include the
  1 22 labor expended to locate the record and perform the
  1 23 copying, at the rate usual and customary for
  1 24 performing work of a clerical nature.
  1 25    Sec. 2.  Section 524.1204, Code Supplement 2001, is
  1 26 amended by adding the following new unnumbered
  1 27 paragraph:
  1 28    NEW UNNUMBERED PARAGRAPH.  National banks doing
  1 29 business in this state shall comply with the
  1 30 production of records requirements in section
  1 31 524.218A.
  1 32    Sec. 3.  NEW SECTION.  533.40  PRODUCTION OF
  1 33 RECORDS.
  1 34    1.  A credit union regulated under this chapter and
  1 35 doing business in this state, including a federal
  1 36 credit union, shall provide upon request in writing
  1 37 from a borrower, the authorized agent or trustee of
  1 38 the borrower, or a person holding a power of attorney
  1 39 granted by the borrower, a reasonable number of copies
  1 40 of any loan or credit payoff statement relating to any
  1 41 extension of credit made to the borrower.  The loan or
  1 42 credit payoff statement must be provided within thirty
  1 43 business days of the written request.  The credit
  1 44 union may charge a reasonable fee for this service
  1 45 which shall not exceed the cost of providing a copy or
  1 46 copies of any or all requested loan or credit payoff
  1 47 statements.
  1 48    2.  The superintendent may provide by rule for
  1 49 sanctions for noncompliance, and shall establish a
  1 50 maximum charge for copying which shall not exceed the
  2  1 cost of providing the service, and shall include the
  2  2 labor expended to locate the record and perform the
  2  3 copying, at the rate usual and customary for
  2  4 performing work of a clerical nature.
  2  5    Sec. 4.  NEW SECTION.  534.410  PRODUCTION OF
  2  6 RECORDS.
  2  7    1.  An association or savings bank doing business
  2  8 in this state, including a federal savings and loan
  2  9 association incorporated under the federal Home
  2 10 Owners' Loan Act of 1933, 12 U.S.C. } 1461-1468, as
  2 11 amended, shall provide upon request in writing from a
  2 12 borrower, the authorized agent or trustee of the
  2 13 borrower, or a person holding a power of attorney
  2 14 granted by the borrower, a reasonable number of copies
  2 15 of any loan or credit payoff statement relating to any
  2 16 extension of credit made to the borrower.  The loan or
  2 17 credit payoff statement must be provided within thirty
  2 18 business days of the written request.  The association
  2 19 or savings bank may charge a reasonable fee for this
  2 20 service which shall not exceed the cost of providing a
  2 21 copy or copies of any or all requested loan or credit
  2 22 payoff statements.
  2 23    2.  The superintendent may provide by rule for
  2 24 sanctions for noncompliance and shall establish a
  2 25 maximum charge for copying which shall not exceed the
  2 26 cost of providing the service, and shall include the
  2 27 labor expended to locate the record and perform the
  2 28 copying, at the rate usual and customary for
  2 29 performing work of a clerical nature.
  2 30    Sec. 5.  NEW SECTION.  535B.17  PRODUCTION OF
  2 31 RECORDS.
  2 32    1.  A licensee or other mortgagee who services
  2 33 mortgages on residential real estate doing business in
  2 34 this state shall provide upon request in writing from
  2 35 a borrower, the authorized agent or trustee of the
  2 36 borrower, or a person holding a power of attorney
  2 37 granted by the borrower a reasonable number of copies
  2 38 of any loan or credit payoff statement relating to any
  2 39 extension of credit made to the borrower.  The
  2 40 requested documents must be provided within thirty
  2 41 business days of the written request.  The licensee or
  2 42 other mortgagee who services mortgages on residential
  2 43 real estate may charge a reasonable fee for this
  2 44 service which shall not exceed the cost of providing a
  2 45 copy of any or all documents.
  2 46    2.  The administrator may provide by rule for
  2 47 sanctions for noncompliance, and shall establish a
  2 48 maximum charge for copying which shall not exceed the
  2 49 cost of providing the service, and shall include the
  2 50 labor expended to locate the record and perform the
  3  1 copying, at the rate usual and customary for
  3  2 performing work of a clerical nature.
  3  3    Sec. 6.  NEW SECTION.  536.17  PRODUCTION OF
  3  4 RECORDS.
  3  5    1.  A licensee doing business in this state shall
  3  6 provide upon request in writing from a borrower, the
  3  7 authorized agent or trustee of the borrower, or a
  3  8 person holding a power of attorney granted by the
  3  9 borrower, a reasonable number of copies of any loan or
  3 10 credit payoff statement relating to any extension of
  3 11 credit made to the borrower.  The loan or credit
  3 12 payoff statement must be provided within thirty
  3 13 business days of the written request.  The licensee
  3 14 may charge a reasonable fee for this service which
  3 15 shall not exceed the cost of providing a copy or
  3 16 copies of any or all requested loan or credit payoff
  3 17 statements.
  3 18    2.  The superintendent may provide by rule for
  3 19 sanctions for noncompliance, and shall establish a
  3 20 maximum charge for copying which shall not exceed the
  3 21 cost of providing the service, and shall include the
  3 22 labor expended to locate the record and perform the
  3 23 copying, at the rate usual and customary for
  3 24 performing work of a clerical nature.
  3 25    Sec. 7.  Section 536A.23, Code Supplement 2001, is
  3 26 amended by adding the following new subsection:
  3 27    NEW SUBSECTION.  6.  Industrial loan companies
  3 28 licensed under this chapter shall comply with the
  3 29 production of records requirements in section 536.17.
  3 30    Sec. 8.  NEW SECTION.  537.1111  PRODUCTION OF
  3 31 RECORDS.
  3 32    1.  A person subject to the requirements of this
  3 33 chapter, as provided in section 537.6102, shall
  3 34 provide upon request in writing from a borrower, the
  3 35 authorized agent or trustee of the borrower, or a
  3 36 person holding a power of attorney granted by the
  3 37 borrower, a reasonable number of copies of any loan or
  3 38 credit payoff statement relating to any extension of
  3 39 credit made to the borrower.  The loan or credit
  3 40 payoff statement must be provided within thirty
  3 41 business days of the written request.  The person may
  3 42 charge a reasonable fee for this service which shall
  3 43 not exceed the cost of providing a copy or copies of
  3 44 any or all requested loan or credit payoff statements.
  3 45    2.  The administrator may provide by rule for
  3 46 sanctions for noncompliance, and shall establish a
  3 47 maximum charge for copying which shall not exceed the
  3 48 cost of providing the service, and shall include the
  3 49 labor expended to locate the record and perform the
  3 50 copying, at the rate usual and customary for
  4  1 performing work of a clerical nature." 
  4  2 
  4  3 
  4  4                               
  4  5 JOHN W. JENSEN
  4  6 SF 2107.702 79
  4  7 jj/cls
     

Text: S05079                            Text: S05081
Text: S05000 - S05099                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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