Texas 2013 - 83rd Regular

Texas House Bill HB1601

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

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 potential impact of HB 1601 on state laws is substantial. By establishing clearer definitions and operational boundaries for residential mortgage loan companies and their agents, this bill not only promotes accountability but also aims to enhance consumer protection within mortgage transactions. The new regulations will necessitate that mortgage entities comply with updated registration and licensing processes, which may lead to an increase in operational costs for these businesses. However, proponents argue that these measures are essential for safeguarding consumers against fraud and malpractice in mortgage lending.

Summary

House Bill 1601 aims to enhance the regulatory framework surrounding residential mortgage loan originators, companies, and bankers. This legislation seeks to amend the existing Finance Code significantly, specifically Chapter 156, to ensure that mortgage professionals operate under stringent guidelines set forth by the Department of Savings and Mortgage Lending. The bill includes provisions for licensing requirements, disclosure obligations, and parameters for professional conduct, which are crucial for maintaining the integrity of the mortgage industry in Texas.

Contention

A notable point of contention surrounding HB 1601 is the balance between regulatory oversight and the freedom of mortgage professionals to conduct their business. Critics may express concerns that excessive regulation could hinder competition and increase costs for borrowers. Specific amendments within the bill, including those regarding disciplinary actions for non-compliance and the establishment of a recovery fund for aggrieved borrowers, may also spark debate among stakeholders about the adequacy and fairness of the proposed measures. Furthermore, the exemptions included for certain entities, like nonprofit organizations and small-scale operators, raise questions about the uniformity of regulatory application across the board.

Companion Bills

TX SB1004

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 HB4316

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

TX HB2516

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

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 SB1004

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