Texas 2013 - 83rd Regular

Texas Senate Bill SB1004

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the regulation of residential mortgage loan originators, residential mortgage loan companies, mortgage bankers, and residential mortgage loan servicers under the jurisdiction of the Department of Savings and Mortgage Lending; changing a fee.

Impact

The implications of SB1004 are significant for the regulatory framework surrounding mortgage lending in Texas. By instituting stricter requirements for licensing, the bill aims to eliminate bad actors from the market, thereby fostering a safer environment for consumers when obtaining residential loans. The changes emphasize accountability, as loan originators must now clearly communicate the nature of their services and how they will be compensated, thus promoting ethical conduct among mortgage professionals. Additionally, the bill provides mechanisms for consumer recourse in cases where they are misled or harmed by unlawful practices.

Summary

Senate Bill 1004 introduces comprehensive regulations governing the conduct of residential mortgage loan originators, mortgage bankers, and residential mortgage loan companies in Texas. The legislation is designed to enhance consumer protections by ensuring that all mortgage loan originators are properly licensed and adhere to established ethical standards. This will involve a rigorous application process, including a requirement for background checks and the establishment of clear minimum qualifications. Furthermore, the bill mandates that all fee structures be transparent, facilitating better understanding for consumers engaging with these financial services.

Contention

One notable point of contention surrounding SB1004 relates to the debate over the balance between necessary regulation versus potential overregulation that could stifle competition within the residential mortgage industry. Opponents argue that the increased compliance costs imposed by the regulations could drive smaller mortgage companies out of business, reducing options for consumers. Advocates of the bill counter this by emphasizing the need for consumer protection and market integrity, arguing that these regulations will ultimately lead to a healthier mortgage marketplace that better serves the interests of borrowers.

Companion Bills

TX HB1601

Very Similar Relating to the regulation of residential mortgage loan originators, residential mortgage loan companies, mortgage bankers, and residential mortgage loan servicers under the jurisdiction of the Department of Savings and Mortgage Lending; changing a fee.

Previously Filed As

TX SB2426

Relating to an exemption from residential mortgage loan originator licensing requirements.

TX HB219

Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.

TX HB4142

Relating to the award of attorney's fees in an action to enforce a motor vehicle mortgagee's lien.

TX HB2632

Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement.

TX HB3275

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB1371

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB4316

Relating to regulation of residential service contract providers, sellers, and administrators.

TX SB1930

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.

TX HB2022

Relating to residential construction liability.

Similar Bills

TX HB1601

Relating to the regulation of residential mortgage loan originators, residential mortgage loan companies, mortgage bankers, and residential mortgage loan servicers under the jurisdiction of the Department of Savings and Mortgage Lending; changing a fee.

TX SB1124

Relating to licensing and regulation of certain persons involved in residential mortgage lending pursuant to the Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009; providing penalties.

TX HB2248

Relating to licensing and regulation of certain persons involved in residential mortgage lending pursuant to the Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009; providing penalties.

TX HB10

Relating to the regulation of residential mortgage loan originators; providing a penalty.

NC H762

Modernize NC S.A.F.E. Act/2d Mortgage Fee Act