Kansas Senate Bill SB495

Kansas 2023-2024 Regular Session

• Introduced: 2/9/24
• Refer: 2/12/24
• Failed: 4/30/24

Caption

Modifying certain terms, definitions, deadlines and provisions contained in the uniform consumer credit code and transferring certain mortgage provisions from the uniform consumer credit code to the Kansas mortgage business act.

Impact

The legislation is designed to bolster consumer protection by imposing stricter regulations on the charging of fees and interest on loans. It places limits on finance charges and ensures transparency in loan agreements, which could safeguard consumers against potential predatory lending practices. By clarifying the responsibilities of lenders, SB495 aims to provide borrowers with greater understanding and control over their financial commitments, particularly concerning high-interest loans and the implications of balloon payment structures.

Summary

Senate Bill 495 aims to amend and clarify various components of the Kansas mortgage business act and the uniform consumer credit code. The bill introduces several key changes, including modifications to the definitions and terms related to consumer loans, enhancing borrower rights concerning loan repayment arrangements, and establishing clearer guidelines on lender disclosures. Additionally, it seeks to streamline the lending process through the adoption of modern practices such as accepting electronic documentation in lieu of traditional mailed documents.

Contention

While supporters of SB495 argue that these changes enhance consumer protection and create a more equitable lending environment, there are concerns from some lenders who believe that this could impose undue restrictions that might limit access to credit for certain consumers, particularly those with less favorable credit histories. Critics express fears that tighter regulations could lead to higher costs of borrowing and reduced availability of loans as lenders might become more selective in issuing credit due to the heightened compliance requirements.