Texas Senate Bill SB723

Texas 2009 - 81st Regular

Caption

Relating to imposing an additional duty on mortgage brokers with respect to mortgage applicants.

Impact

The bill, by imposing a clear fiduciary duty on mortgage brokers, is expected to significantly affect how these professionals operate within the state. Mortgage brokers will be required to have a thorough understanding of all mortgage options available to their clients and must provide their clients with the most favorable terms based on their qualifications. This change is aimed at fostering transparency and trust in the mortgage industry, thus providing greater protection for consumers.

Summary

Senate Bill 723 introduces a new fiduciary duty for mortgage brokers towards mortgage applicants during the loan origination process. It mandates that brokers must make reasonable efforts to secure a loan that is appropriate for the applicant's individual circumstances, taking into account their qualifications and the various options available in the market. This is aimed at enhancing consumer protections in the mortgage lending process by ensuring that brokers prioritize the interests of their clients.

Conclusion

Overall, SB723 represents a notable shift in the regulation of mortgage brokers in Texas, reinforcing the commitment to consumer protection and equitable lending practices. The implementation of this bill will require oversight by the Finance Commission, which is tasked with developing the necessary rules to ensure compliance and enforcement.

Contention

While the introduction of this fiduciary duty is likely to be viewed favorably by consumer advocacy groups, there may be concerns from within the mortgage industry regarding the implications of such obligations. Opponents may argue that this additional responsibility could increase the regulatory burden on mortgage brokers, potentially leading to higher costs for consumers if brokers pass on the costs associated with compliance.