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Search 2008 Bills:

HB1487: Mortgage Lender & Broker Act; SCC to enforce certain laws for home ownership protection.

Chief Patron

Del. Terrie Suit (R-81)

Terrie Suit (R-81)
Virginia Beach, VA
Served: 2000–

Progress

Yes Introduced
Yes Passed Committee
Yes Passed House
Yes Passed Senate
Signed by Governor
Became Law

Status

03/06/2008: Passed the House

View Entire History

Summary

Home ownership protection.  Authorizes the State Corporation Commission to impose a fine not exceeding $2,500 upon a mortgage lender or mortgage broker that is required to be licensed under the Mortgage Lender and Broker Act for violating any other law or regulation applicable to the conduct of the lender's or broker's business. The Housing Commission is directed to study all new federal legislation pertaining to mortgage lending and brokering, and to determine if they require changes to Virginia law. The measure authorizes the Commission to suspend or revoke a mortgage lender's or broker's license upon its failure promptly to pay when due reasonable fees to a licensed appraiser for appraisal services performed in connection with the origination or closing of a mortgage loan for a customer of the mortgage broker or lender. Other amendments to the Mortgage Lender and Broker Act (i) remove the element of the definition of a mortgage loan that has required the property securing the loan to be owner-occupied; (ii) require the Commission to conduct background checks on every member, senior officer, director, and principal of a licensee; (iii) require licensees to conduct background checks on employees who may have access to or process personal identifying or financial information from a member of the public; (iv) require licensees to ensure that employees are properly trained in applicable state and federal mortgage lending laws and regulations; (v) authorize the Insurance Commissioner to bring actions to enforce specific provisions of the federal RESPA that, pursuant to the federal law, may be enforced by the federal Department of Housing and Urban Development, a state Attorney General, or a state insurance commissioner; and (vi) prohibit the making or brokering of certain types of mortgage loans unless the borrower has completed an approved homeownership education course.

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Comments

What about HOAs? writes:

If Ms. Suit really wants to protect homeowners, she should protect them from abusive Homeowner Associations.

HOAs in Virginia are too powerful and too prone to abuse.

Sections 55-513 and 55-516 of the POAA need to be rewritten. HOAs should NOT have the power to "fine" homeowners in Kangaroo Court proceedings and then sell their homes by nonjudicial foreclosure to collect the "fines."

HOAs should have the same rights as any other party to a contract. If they think a homeowner has violated HOA rules, they should seek an injunction or other relief in a court of competent jurisdiction.

The POAA already provides that if HOAs go to court and WIN, they recover attorney fees and costs from the homeowner.

If they go to court and LOSE, they pay the homeowners costs.

Hey, now that I think of it, maybe that's why HOAs prefer to use their Kangaroo Courts, eh?

What about it Ms. Suit?

PS. See two of Ms Suits other bills: HB 516 and HB 1076. These speak volumes about her real regard for homeowners, or the lack thereof.

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Bill Text

Related Bills

  • SB709
    Introduced: January 16, 2008
    Status: Failed to Pass in Committee
    : Mortgage lenders, etc.; prohibits making a mortgage that is more expensive than borrower qualifies.
  • HB1495
    Introduced: January 17, 2008
    Status: Failed to Pass in Committee
    : Real estate lending practices; prohibits prepayment penalty if owner has occupied home over 2 years.
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