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#1195656 - 06/04/09 01:30 PM House Bill 312 and federal S.A.F.E
gadawg1 Offline
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Joined: Sep 2006
Posts: 419
Georgia
Georgia House 312 was signed into law on April 29, 2009 and is effective on July 01, 2009. This act incorporates provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289.

Does anyone have information as to what needs to be done by financial institutions to be in compliance by July 1 of this year?

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#1195688 - 06/04/09 01:54 PM Re: House Bill 312 and federal S.A.F.E gadawg1
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
A quick look at it appears that it will coincide with the effective date of the Federal rule:

7-1-1001.1.
289 (a) In order to comply with the federal requirements contained in the federal Secure and
290 Fair Enforcement for Mortgage Licensing Act of 2008, also known as the S.A.F.E.
291 Mortgage Licensing Act of 2008, on and after January 1, 2010, or such later date approved
292 by the Secretary of the United States Department of Housing and Urban Development,
293 pursuant to the authority granted under Public Law 110-289, Section 1508(a), it shall be
294 prohibited for any person to engage in the activities of a mortgage loan originator without
295 first obtaining and maintaining a mortgage loan originator license as set forth in this article.
296 All provisions within this article that relate to the licensing requirements and associated
297 duties and responsibilities of mortgage loan originators shall be effective on and after
298 January 1, 2010, or such later date approved by the Secretary of the United States
299 Department of Housing and Urban Development, pursuant to the authority granted under
300 Public Law 110-289, Section 1508(a).
301 (b) The department shall have the broad administrative
_________________________
My opinion only. Not legal advice.

Say you'll haunt me - Stone Sour

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#1196484 - 06/05/09 01:14 PM Re: House Bill 312 and federal S.A.F.E RR Joker
Phoenix Offline
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Phoenix
Joined: May 2003
Posts: 832
southeast
thanks - I'd wondered, too -
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From the end spring new beginnings.
Pliny the Elder

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#1202637 - 06/17/09 05:11 PM Re: House Bill 312 and federal S.A.F.E Phoenix
Jan94 Offline
Platinum Poster
Joined: Mar 2001
Posts: 828
USA
Has anyone seen a copy of the notice that is required to be provided?

7-1-1014.
In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any third-party fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable;
(2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and
(3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan.
The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards.

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#1205646 - 06/23/09 12:14 AM Re: House Bill 312 and federal S.A.F.E Jan94
Jan94 Offline
Platinum Poster
Joined: Mar 2001
Posts: 828
USA
Just following up on my post above - anyone?

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