Senate File 2302 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON COMMERCE

                                       (SUCCESSOR TO SSB 3104)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act specifying a duty of agency applicable to licensed
  2    mortgage brokers and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5345SV 82
  5 rn/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  535B.18  DUTY OF AGENCY.
  1  2    1.  A licensee or individual registrant acting in the
  1  3 capacity of a mortgage broker pursuant to section 535B.1,
  1  4 subsection 5, shall be considered to have created an agency
  1  5 relationship with the borrower in all cases and shall perform
  1  6 all of the following duties:
  1  7    a.  Act in good faith toward borrowers and place the
  1  8 borrower's interest ahead of the interest of any other party,
  1  9 including the interest of the licensee or individual
  1 10 registrant.
  1 11    b.  Not accept, give, or charge any undisclosed
  1 12 compensation or realize any undisclosed remuneration, either
  1 13 through direct or indirect means, that inures to the benefit
  1 14 of the licensee or individual registrant on an expenditure
  1 15 made for the borrower.
  1 16    c.  Carry out all lawful instructions provided or issued by
  1 17 the borrower.
  1 18    d.  Disclose to a borrower all material facts of which the
  1 19 licensee or individual registrant has knowledge which might
  1 20 reasonably affect the borrower's rights, interests, or ability
  1 21 to receive the borrower's intended benefit from the mortgage
  1 22 loan, but not facts which are reasonably susceptible to the
  1 23 knowledge of the borrower.
  1 24    e.  Use reasonable care in the performance of duties.
  1 25    f.  Account to the borrower for all the borrower's money
  1 26 and property received as agent.
  1 27    2.  a.  This section shall not be construed to prohibit a
  1 28 licensee or individual registrant from contracting for or
  1 29 collecting a fee for services rendered which was disclosed and
  1 30 agreed to by the borrower in advance of the provision of such
  1 31 services.
  1 32    b.  This section shall not be construed as requiring a
  1 33 licensee or individual registrant to obtain a loan for the
  1 34 borrower containing terms or conditions not available in the
  1 35 usual course of business to the licensee or individual
  2  1 registrant, or to obtain a loan for the borrower from a
  2  2 mortgage lender with whom the licensee or individual
  2  3 registrant does not have a business relationship.
  2  4                           EXPLANATION
  2  5    This bill confers upon licensed mortgage brokers and
  2  6 individual registrants a duty of agency.
  2  7    The bill provides that a licensee or individual registrant
  2  8 acting in the capacity of a mortgage broker pursuant to Code
  2  9 section 535B.1, subsection 5, shall be considered to have
  2 10 created an agency relationship with a borrower in all cases.
  2 11 The bill specifies duties a licensee or individual registrant
  2 12 shall perform pursuant to the agency relationship, including
  2 13 acting in a borrower's best interest and in good faith, and
  2 14 not accepting, giving, or charging any undisclosed
  2 15 compensation or realizing any undisclosed remuneration that
  2 16 inures to the licensee's or individual registrant's benefit on
  2 17 an expenditure made for the borrower.  Additional duties
  2 18 include carrying out all lawful instructions provided or
  2 19 issued by a borrower, disclosing all material facts of which
  2 20 the licensee or individual registrant has knowledge which
  2 21 might reasonably affect a borrower's rights, interests, or
  2 22 ability to receive the intended benefit from the mortgage
  2 23 loan, but not facts which are reasonably susceptible to the
  2 24 knowledge of a borrower, using reasonable care in the
  2 25 performance of duties, and accounting for all the borrower's
  2 26 money and property received as agent.
  2 27    The bill states that the duty of agency shall not be
  2 28 construed to prohibit a licensee or individual registrant from
  2 29 contracting for or collecting a fee for services rendered
  2 30 which was disclosed and agreed to by the borrower in advance
  2 31 of the provision of the services, and shall also not be
  2 32 construed to require a licensee or individual registrant to
  2 33 obtain a loan for the borrower containing terms or conditions
  2 34 not available to the licensee or individual registrant in the
  2 35 usual course of business, or to obtain a loan for the borrower
  3  1 from a mortgage lender with whom the licensee or individual
  3  2 registrant does not have a business relationship.
  3  3    A violation of the bill's provisions subjects a licensee to
  3  4 the disciplinary provisions of Code chapter 535B, including
  3  5 license suspension and revocation, and imposition of civil
  3  6 penalties in an amount not to exceed $5,000 per violation.
  3  7 LSB 5345SV 82
  3  8 rn/nh/5