Text: SF02106                           Text: SF02108
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Senate File 2107

Partial Bill History

Bill Text

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

Text: SF02106                           Text: SF02108
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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