Virginia 2022 Regular Session

Virginia Senate Bill SB303

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/17/22  
Engrossed
1/20/22  
Refer
2/21/22  
Report Pass
2/22/22  
Enrolled
3/1/22  
Chaptered
4/11/22  

Caption

Mortgage brokers; dual compensation.

Impact

The enactment of SB303 would revise several sections in the Code of Virginia, impacting mortgage brokers and the way they can operate within the state. Specifically, it creates a framework where mortgage brokers are restricted from receiving certain types of compensation under specific conditions. This aims to level the playing field for borrowers by ensuring that they are not unfairly charged or manipulated by brokers who may have conflicting financial interests.

Summary

SB303 focuses on the regulation of mortgage brokers, particularly concerning the compensation structure for services rendered. This bill seeks to clarify the prohibitions against dual compensation for mortgage brokers, outlining what constitutes acceptable forms of payment. It establishes clear guidelines mandating that mortgage brokers must not receive compensation from borrowers until a written commitment for a mortgage loan is provided. This is aimed at enhancing transparency and protecting consumers in mortgage transactions.

Sentiment

The sentiment surrounding SB303 appears to be favorable among consumer advocacy groups, who view the measures as a necessary step towards safeguarding consumer rights in the mortgage market. On the other hand, some industry professionals perceive the bill as overly restrictive, possibly affecting their business models and profitability. This illustrates the tension between consumer protection initiatives and the operations of mortgage brokerage businesses.

Contention

Notable points of contention around SB303 revolve around the implications of restricting dual compensation. Opponents argue that these restrictions could limit the options available to consumers and reduce the incentive for mortgage brokers to assist in securing loans. On the contrary, proponents assert that the bill fosters a more ethical business environment, ensuring that brokers act in the best interest of consumers without conflict of interest arising from multiple streams of income.

Companion Bills

VA HB1153

Same As Mortgage brokers; dual compensation.

Previously Filed As

VA HB1153

Mortgage brokers; dual compensation.

VA SB1204

Mortgage brokers; bankers; qualifications

VA SB613

WV Residential Mortgage Lender, Broker and Servicer Act

VA HB993

Mortgage brokers and lenders; authorize to perform organization activities at a remote location.

VA SB2508

Mortgage brokers and lenders; authorize to perform organization activities at a remote location.

VA HB917

Real estate broker; definition.

VA SB358

Real estate broker; definition.

VA HB5419

Relating to the licensure and regulation of mortgage brokers, lenders, and loan originators

VA HB2325

MORTGAGE LOANS-REMOTE LOCATION

VA SB212

Real estate transactions; required disclosure forms; description of brokerage services; terms of compensation; required written brokerage agreements under certain circumstances; penalties and fines for certain violations; duties of qualifying brokers and licensees; scope of operation of teams

Similar Bills

VA HB1153

Mortgage brokers; dual compensation.

GA SB90

Selling and Other Trade Practices; commercial financing disclosures; provide

TX HB5480

Relating to competition and transparency in digital advertising.

US SB1073

AMERICA Act Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act

US SB1060

AMERICA Act Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act

IL SB3551

SHARED APPRECIATION AGREEMENTS

HI SB3023

Relating To Real Estate Brokers.

KY HB88

AN ACT relating to unlawful trade practices and declaring an emergency.