Maryland 2023 Regular Session

Maryland Senate Bill SB307

Introduced
1/27/23  
Refer
1/27/23  
Report Pass
4/6/23  
Engrossed
4/7/23  
Refer
4/8/23  

Caption

Financial Institutions – Mortgage Loan Originators – Independent Contractors

Impact

The legislation will alter the regulatory framework under which mortgage loan originators operate in Maryland. By permitting independent contractors to be licensed, the bill is expected to provide greater flexibility in the labor market and potentially increase the number of mortgage originators available to consumers. Additionally, licensed mortgage lenders will have the responsibility to supervise the activities of these independent contractors, ensuring compliance with state and federal standards while minimizing the risk of misconduct in the industry.

Summary

Senate Bill 307 focuses on the regulation of mortgage loan originators, particularly addressing the involvement of independent contractors in the mortgage lending process. The bill modifies existing laws to allow independent contractors who meet specific criteria to obtain a license as mortgage loan originators. This is a significant change aimed at accommodating the evolving landscape of the mortgage industry, where independent contractors play a crucial role in servicing customers and providing mortgage origination services.

Sentiment

The sentiment surrounding SB 307 is generally positive among those in the financial sector who believe the bill will foster innovation and competition within the mortgage industry. Supporters argue that by enabling independent contractors to operate alongside traditional employees, the legislation will enhance services offered to consumers. Alternatively, some skeptics express concerns regarding the potential lack of rigorous oversight that could arise from increased reliance on independent contractors in a heavily regulated environment.

Contention

A notable point of contention lies in the supervisory responsibilities imposed on licensed lenders regarding independent contractors. Some legislators and financial experts worry whether the bill provides enough stringent requirements for oversight, which could lead to accountability issues. Critics fear that if not properly supervised, independent contractors might engage in practices that could jeopardize consumer confidence and undermine the integrity of the mortgage market.

Companion Bills

MD HB282

Crossfiled Financial Institutions – Mortgage Loan Originators – Independent Contractors

Similar Bills

MD HB282

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.