Maryland 2023 Regular Session

Maryland House Bill HB282

Introduced
1/25/23  
Refer
1/25/23  
Report Pass
3/18/23  
Engrossed
3/20/23  
Refer
3/20/23  

Caption

Financial Institutions – Mortgage Loan Originators – Independent Contractors

Impact

If enacted, HB 282 would amend current statutes related to financial institutions and mortgage lending, specifically the licensing processes of mortgage loan originators. The legislation aims to enhance regulatory compliance and oversight by ensuring that independent mortgage loan originators work under the supervision of approved lenders. This change would necessitate adjustments in how lenders manage their independent contractors and could potentially increase transparency within the mortgage market. Moreover, there are specific clauses to ensure that the independent contractor licensing does not conflict with existing labor laws, promoting fair working conditions in the financial services sector.

Summary

House Bill 282 primarily focuses on the licensing of mortgage loan originators in Maryland, specifically addressing provisions for independent contractors. It establishes the framework for licensing independent contractors as mortgage loan originators under certain conditions, ensuring they are adequately supervised by licensed mortgage lenders. This bill seeks to streamline the licensing process and promote flexibility within the mortgage industry while maintaining regulatory oversight. The bill also stipulates that these independent contractors should not be engaged by more than one sponsor, reinforcing accountability within the mortgage lending environment.

Sentiment

The reception to HB 282 appears to be largely supportive, particularly among those within the mortgage lending industry. Proponents argue that the bill modernizes outdated regulatory frameworks and adapts to the evolving landscape of independent work in the financial sector. However, concerns still linger regarding the enforcement of adequate supervision and the potential challenges independent contractors may face due to the stipulation of engaging only with one sponsor. Thus, while the bill aims to foster an adaptable workforce, careful oversight will be essential to balance the interests of both lenders and independent contractors.

Contention

Notable points of contention include the provisions that limit independent contractors to serving only one sponsor, raising discussions about the implications this could hold for their income and job security. Critics might argue that such limitations could hinder independent operators' ability to sustain their businesses or find work in an already competitive market. Additionally, ensuring that all mortgage loan originators, regardless of employment status, adhere to compliance and training requirements remains a focal point, highlighting the need for clear practical guidelines post-enactment.

Companion Bills

MD SB307

Crossfiled Financial Institutions – Mortgage Loan Originators – Independent Contractors

Similar Bills

MD SB307

Financial Institutions – Mortgage Loan Originators – Independent Contractors

CA AB1502

Residential mortgage lending.

MS SB2508

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

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.

MS HB993

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

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.

KS HB2105

Prohibiting postsecondary educational institutions from taking certain actions regarding admission applicants, applicants for employment and faculty concerning diversity, equity or inclusion, exceptions, providing for civil remedies and penalties, submitting a report to the legislature and posting information on the board of regents website.

ND HB1393

Earned wage access providers; and to provide a penalty.