North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1068

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/11/23  
Refer
1/12/23  
Report Pass
1/26/23  
Refer
1/27/23  
Report Pass
2/15/23  
Engrossed
2/17/23  
Refer
2/20/23  
Report Pass
3/3/23  
Refer
3/3/23  
Report Pass
4/3/23  
Enrolled
4/7/23  

Caption

Residential mortgage loan servicers; to provide a penalty; and to provide an appropriation.

Impact

The enactment of HB 1068 will significantly impact how mortgage servicers operate in North Dakota. It will require entities engaging in servicing residential loans to obtain a license from the state, thereby ensuring that only compliant and responsible entities can operate. The bill also introduces penalties for non-compliance, promoting adherence to the established regulations. Furthermore, by mandating rigorous corporate governance and risk management assessments, the bill aims to protect borrowers and uphold the integrity of the residential mortgage market.

Summary

House Bill 1068 introduces legislation aimed at regulating residential mortgage loan servicers in North Dakota. This bill establishes a new chapter in the North Dakota Century Code that outlines comprehensive requirements for licensing, governance, and operational standards for servicers. It empowers the Department of Financial Institutions to create and enforce rules, thereby enhancing oversight in the mortgage servicing industry. Additionally, the bill mandates servicers to maintain specific levels of liquidity and capital reserves to ensure financial stability and sound risk management practices.

Sentiment

The sentiment surrounding HB 1068 is largely positive among lawmakers and regulatory bodies who view the bill as a crucial step towards improving consumer protections in the mortgage servicing sector. Proponents argue that the bill will help stabilize the mortgage market by ensuring that servicers follow ethical practices and maintain financial viability. Conversely, some industry representatives have expressed concerns over the potential burden imposed by the regulatory requirements, fearing it might restrict competition or lead to higher costs for consumers.

Contention

Notable points of contention include debates over the balance between necessary regulation and the potential impact on the business operations of mortgage servicers. Critics worry that the imposed regulations might be too stringent and could disincentivize smaller firms from participating in the market. On the other hand, supporters maintain that such regulations are vital for preventing potential abuses and ensuring that borrowers are treated fairly throughout the servicing process. The bill aims to address these concerns by allowing for some flexibility in compliance while maintaining strict core requirements.

Companion Bills

No companion bills found.

Similar Bills

ND SB2090

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WV HB5419

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NC H762

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WV SB613

WV Residential Mortgage Lender, Broker and Servicer Act

KY HB643

AN ACT relating to the regulation of the mortgage loan industry.

MS SB2508

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MS HB993

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

TX HB10

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