TABLE OF CONTENTS TITLE 7 BANKS AND BANKING PART ...

TABLE OF CONTENTS

TITLE 7 BANKS AND BANKING

PART I. PRELIMINARY PROVISIONS (Reserved)

PART II. LICENSING

Chapter 61. Mortgage Loan Industry Licensing and Consumer Protection

Subchapter A. Preliminary Provisions

? 6101. Scope and short title. ? 6102. Definitions.

Subchapter B. License Requirements and Exceptions

? 6111. License requirements. ? 6112. Exceptions to license requirements.

Subchapter C. Mortgage Loan Business Restrictions and Requirements

? 6121. ? 6122.

? 6123. ? 6124. ? 6125. ? 6126.

General requirements. Powers conferred on certain licensees engaged in the

mortgage loan business. Mortgage loan business prohibitions. Prohibited clauses in mortgage loan documents. Mortgage lending authority. Requirements as to open-end loans.

Subchapter D. Administrative and Licensure Provisions

? 6131. Application for license. ? 6131.1. Prelicensing and continuing education. ? 6132. License fees. ? 6133. Issuance of license. ? 6134. License duration. ? 6135. Licensee requirements. ? 6136. Licensee limitations. ? 6137. Surrender of license. ? 6138. Authority of department. ? 6139. Suspension, revocation or refusal. ? 6140. Penalties. ? 6141. Mortgage servicers.

Subchapter E. Miscellaneous Provisions

? 6151. ? 6152. ? 6153. ? 6154.

Applicability. Relationship to other laws. Preservation of existing contracts. Procedure for determination of noncompliance with

Federal law (Repealed). TITLE 7

BANKS AND BANKING

Part I. Preliminary Provisions (Reserved)

II. Licensing

Enactment. Unless otherwise noted, the provisions of Title 7 were added July 8, 2008, P.L.796, No.56, effective in 120 days.

PART I PRELIMINARY PROVISIONS

(Reserved)

Enactment. Part I (Reserved) was added July 8, 2008, P.L.796, No.56, effective in 120 days.

PART II LICENSING

Chapter 61. Mortgage Loan Industry Licensing and Consumer Protection

Enactment. Part II was added July 8, 2008, P.L.796, No.56, effective in 120 days.

CHAPTER 61 MORTGAGE LOAN INDUSTRY LICENSING AND CONSUMER PROTECTION

Subchapter A. Preliminary Provisions B. License Requirements and Exceptions C. Mortgage Loan Business Restrictions and Requirements D. Administrative and Licensure Provisions E. Miscellaneous Provisions

Enactment. Chapter 61 was added July 8, 2008, P.L.796, No.56, effective in 120 days.

Special Provisions in Appendix. See section 13 of Act 31 of 2009 in the appendix to this title for special provisions relating to applicability.

Cross References. Chapter 61 is referred to in section 6103 of Title 53 (Municipalities Generally).

SUBCHAPTER A PRELIMINARY PROVISIONS

Sec. 6101. Scope and short title. 6102. Definitions. ? 6101. Scope and short title.

(a) Scope.--This chapter relates to mortgage loan industry licensing and consumer protection. This chapter does not apply to a banking institution or federally chartered or State-chartered credit union, if the primary regulator of the banking institution or federally or State-chartered credit union supervises the banking institution or federally or State-chartered credit union.

(b) Short title.--This chapter shall be known and may be cited as the Mortgage Licensing Act. (Aug. 5, 2009, P.L.117, No.31, eff. imd.) ? 6102. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Administrative or clerical tasks." The receipt, collection and distribution of information common for the processing, servicing or underwriting of a mortgage loan and communication with a consumer to obtain information necessary for the processing, servicing or underwriting of a mortgage loan.

"Advance fee." Any funds requested by or to be paid to a person in advance of or during the processing of a mortgage loan application, excluding those fees paid by a consumer directly to a credit agency reporting bureau, title company or real estate appraiser.

"Applicant." A person who applies for a license under this chapter.

"Application." A request, in any form, for an offer, or a response to a solicitation of an offer, of mortgage loan terms, and the information about the borrower or prospective borrower that is customary or necessary in a decision on whether to make such an offer.

"Banking institution." Any of the following: (1) A State-chartered bank, bank and trust company,

savings bank or private bank. (2) A national bank. (3) A federally chartered or State-chartered savings

association. (4) A subsidiary of any of the entities listed under

this definition. "Billing cycle." In respect to open-end mortgage loans, the time interval between periodic billing dates as established by the mortgage note and subsequent modification to the obligation. A billing cycle shall be considered to be a monthly cycle if the closing date of the cycle is the same date each month or does not vary by more than four days from that date. "Bona fide nonprofit organization." A person that:

(1) Has the status of a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ? 501(c)(3)).

(2) Promotes affordable housing or provides homeownership education, or similar services.

(3) Conducts its activities in a manner that serves public or charitable purposes.

(4) Receives funding and revenue and charges fees in a manner that does not incentivize it or its employees to act other than in the best interests of its clients.

(5) Compensates its employees in a manner that does not incentivize employees to act other than in the best interests of its clients.

(6) Provides or identifies for the borrower mortgage loans with terms favorable to the borrower and comparable to mortgage loans and housing assistance provided under government housing assistance programs.

(7) Meets other standards as determined by the department. "Branch." An office or other place of business, other than the principal place of business, where a person engages in the mortgage loan business subject to this chapter. The term does not include a location where the licensee-sponsored mortgage originator contacts consumers or processes mortgage loans, provided that the location is not:

(1) owned or controlled by a licensee. For purposes of this definition, a location is not considered to be owned

or controlled by a licensee if the location is under the control of a subsidiary or affiliate of the licensee, is primarily used by the subsidiary or affiliate and is only used by the licensee on an incidental basis for the convenience of a consumer;

(2) advertised or represented to consumers as an operating location of the mortgage originator or the mortgage originator's sponsor; or

(3) a place where records regarding the licensee's mortgage loan business are stored. "Branch manager." The supervisor of a branch. "Clerical or support duties." Any of the following:

(1) The receipt, collection, distribution and analysis of information common for the processing, servicing or underwriting of a mortgage loan.

(2) Communicating with a consumer to obtain the information necessary for the processing, servicing or underwriting of a mortgage loan, to the extent that the communication does not include:

(i) offering or negotiating mortgage loan rates or terms;

(ii) counseling consumers about mortgage loan rates or terms; or

(iii) offering or negotiating mortgage servicing terms. "Commercial context." Acting for the purpose of obtaining anything of value for an individual, or for an entity or individual for which the individual acts, rather than exclusively for public, charitable or family purposes. "Commission." The Banking and Securities Commission of the Commonwealth, as established under Subarticle C of Article XI-A of the act of May 15, 1933 (P.L.565, No.111), known as the Department of Banking and Securities Code. "Consumer discount company." A licensee under the act of April 8, 1937 (P.L.262, No.66), known as the Consumer Discount Company Act. "Delinquent." The date when an amount sufficient to cover a periodic payment of principal, interest and, if applicable, escrow becomes due and unpaid, and lasts until the time no periodic payment is due and unpaid, notwithstanding if the borrower is afforded a period after the due date to pay before the servicer assesses a late fee. "Department." The Department of Banking and Securities of the Commonwealth. "Dwelling." As defined in section 103(v) of the Truth in Lending Act (Public Law 90-321, 15 U.S.C. ? 1602(v)). "Employee." (1) An individual:

(i) Whose manner and means of performance of work are subject to the right of control of or are controlled by a person.

(ii) Whose compensation for Federal income tax purposes is reported or required to be reported on a W-2 form issued by the controlling person. (2) The term includes such binding definition as may be issued by the Federal banking agencies in connection with their implementation of their responsibilities under the S.A.F.E. Mortgage Licensing Act of 2008 (110 Stat. 289, 12 U.S.C. ? 5101 et seq.). "Federal banking agency." Any of the following: (1) The Board of Governors of the Federal Reserve System.

(2) The Office of the Comptroller of the Currency. (3) The National Credit Union Administration. (4) The Federal Deposit Insurance Corporation. (5) (Deleted by amendment). "Finder's fee." Any payment of money or other consideration for the referral of a mortgage loan to a licensee, except for consideration paid for goods or facilities actually furnished or services actually performed. "First mortgage loan." A loan which is: (1) made primarily for personal, family or household use; and (2) secured by any first lien mortgage, deed of trust or equivalent consensual security interest on a dwelling or on residential real estate. "First mortgage loan business." The mortgage loan business as applied to first mortgage loans. "Habitually and repeatedly." Engaging in any activity at least four times in a calendar year. "Holder." As defined in 12 Pa.C.S. ? 6202 (relating to definitions). "Immediate family." A parent, spouse, child, brother or sister. "Installment sales contract." As defined in section 3(10) of the act of June 28, 1947 (P.L.1110, No.476), known as the Motor Vehicle Sales Finance Act. "Installment seller." As defined in 12 Pa.C.S. ? 6202 (relating to definitions). "Lease-purchase agreement." (1) A deferred purchase of a dwelling or residential real estate whereby:

(i) An individual makes installment payments to the seller of the dwelling or residential real estate.

(ii) The seller retains title to the dwelling or residential real estate until some or all of the installment payments are completed. (2) The term does not include an agreement whereby:

(i) An individual is not obligated to purchase the dwelling or residential real estate.

(ii) The final payment approximates the fair value of the dwelling or residential real estate or the anticipated fair value of the dwelling or residential real estate and is not a nominal amount. "Licensee." A person who is licensed under this chapter. "Loan processor or underwriter." An individual who performs clerical or support duties. "Lock-in agreement." An agreement between a mortgage lender and a consumer whereby the mortgage lender guarantees, until a specified date, the availability of a specified rate of interest or specified formula by which the rate of interest and a specific number of discount points will be determined, if the mortgage loan is approved and closed by the specified date. If a specified date is not determinable, the mortgage lender may fulfill the requirement of this definition by setting forth with specificity the method by which the duration of the lock-in period will be determined. "Loss mitigation option." An alternative to foreclosure offered by the owner, holder or assignee of a delinquent mortgage loan that is made available through the servicer to the borrower. "Manufactured home." Both of the following: (1) A manufactured home as defined in section 603(6) of the National Manufactured Housing Construction and Safety

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