Mortgage Document Preparation Compliance Alerts
  • Federal Regulatory, State Legislative and Regulatory Update

    This memo will address recent Regulation Z servicing amendments, those states that have adopted the Uniform Fiduciary Access to Digital Assets Act and recent amendments to Colorado title insurance rules.

     

    81 Federal Register 49869 CFPB Revision to Periodic Statement Requirement in Reg. Z (effective July 29, 2016)

     

    Regulation Z requires servicers to provide borrowers with periodic statements regarding their residential mortgage loan.  They are ...

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  • Community Reinvestment Act Update

    The Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Board”), and the Federal Deposit Insurance Corporation (“FDIC”), collectively the “Agencies,” recently adopted as final amendments to the Interagency Questions and Answers Regarding Community Reinvestment (“Questions and Answers”) under the Community Reinvestment Act (“CRA”).  Although the federal CRA applies only to ...

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  • Colorado Legislative Update

    The Colorado legislature recently enacted the Revised Uniform Fiduciary Access to Digital Assets Act (“Act”) which sets forth the conditions under which certain fiduciaries may access digital assets of a principal or decedent, effective August 10, 2016.

     

    Colorado Senate Bill 88

     

    The Act sets forth the following definitions:  

    • “Digital asset” is defined as an electronic record in ...

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  • Hawaii Legislative Update

    The Hawaii legislature recently enacted the Hawaii Uniform Fiduciary Access to Digital Assets Act (the “Act”), effective July 1, 2016.

     

    Hawaii Senate Bill 2298

     

    The Act sets forth the following definitions:  

    • “Digital asset” is defined as an electronic record in which an individual has a right or interest, but does not include an underlying asset or liability ...

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  • Hawaii, Missouri and Rhode Island Legislative Update

    The Hawaii legislature recently amended the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act), effective July 1, 2016.  The Missouri legislature recently amended its laws regarding title requirements, effective August 28, 2016.  The Rhode Island legislature recently amended the law regarding mortgage foreclosure and sale by adding a new section, effective July 6, 2016.

     

    Hawaii ...

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  • North Carolina Legislative Update

    The North Carolina legislature recently enacted the North Carolina Revised Uniform Fiduciary Access to Digital Assets Act (the “Act”), effective June 30, 2016.

     

    North Carolina Senate Bill 805

     

    The Act sets forth the following definitions:  

    • “Digital asset” is defined as an electronic record in which an individual has a right or interest, but does not include an ...

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  • Louisiana Legislative Update

    The Louisiana legislature recently amended its Louisiana Insurance Code related to certificates of insurance and their use by lenders.  It also amended its laws regarding mortgage and conveyance records and the Louisiana Condominium Act (the “Act”).  All the legislation discussed in this memorandum is effective August 1, 2016.

     

    Louisiana House Bill 476

     

    The law provides that ...

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  • Hawaii Legislative Update

    The Hawaii legislature recently amended its laws relating to mortgage loan originators and mortgage servicers, effective July 1, 2016.

     

    Hawaii Senate Bill 2850

     

    Revisions to the Hawaii Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act)

     

    “Dwelling” means a residential structure or mobile home that contains one to four family housing units or individual units of ...

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  • Arizona Legislative Update

    The Arizona legislature recently enacted a new chapter in the trusts and estates law entitled Arizona Revised Uniform Fiduciary Access to Digital Assets Act (the “Act”), effective August 6, 2016.

     

    Arizona House Bill 2467

     

    The Act sets forth the following definitions:  

    • “Digital asset” is defined as an electronic record in which an individual has a right or ...

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  • Arizona Legislative Update

    The Arizona legislature recently amended its laws governing consumer lenders and those relating to judgment liens on real property.  Both bills discussed in this memorandum are effective August 6, 2016.

     

    Arizona House Bill 2152

     

    The law was amended to remove the following restrictions:

    • That a licensed consumer lender (“Licensee”) may not give a consumer any prize, good, ...

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