The bills in the Senate are just sitting there, the state legislative sessions are starting up and business is slowing down. Here’s the latest news for mortgage licensing
Colorado – E&O Insurance now required for Mortgage Broker Individuals
Massachusetts – Surety Bond is not available
FHA Reform – New Bills still on hold in the Senate
Colorado
Colorado began licensing mortgage brokers on 1/1/07. Mortgage brokers are defined as any individual that solicits or originates a loan. Colorado is one of the only states that only licenses individuals and not companies, i.e. corporations and LLCs. Colorado also removed the HUD exemption on 6/1/07, which then required about 1,000 more companies to get their individual loan originators licensed as Colorado Mortgage Brokers. Now, as of 1/1/08, all licensed mortgage broker individuals will also need a $25,000 E&O policy. I just spoke to my insurance company today and they said it is now available.
Massachusetts
Massachusetts issued some new requirements that became effective in September. I review all of these requirements in the following news update: Massachusetts adds New Requirements. One of the major requirements was a surety bond for mortgage brokers and lenders. Since that date, no mortage licenses have been issued in the state because the state failed to issue a form for the surety bond. Massachusetts has stated that it will be available very soon. Any mortgage companies that need assistance with obtaining this bond, please let me know.
FHA Reform
This is one of the hottest topics right now for mortgage companies. Unfortunately, the US Senate doesn’t seem to think so. The Senate Banking Committee has sat on a number of bills for months and nothing seems to be moving. I have received confirmation from someone involved in the congressional hearings that the bond provision in lieu of the audited financials for HUD approval (FHA Licensing) has been removed and will not be passed in the Senate. This is very unfortunate for many companies that don’t have the time and money to do audited financials every year. The other hot item is the FHA loan limit increase. This is expected to pass in one form or another. We are still waiting to see what happens on this.
Conclusion
Be ready for some state legislation as their legislative sessions are about to start very soon. I’m predicting a lot of legislation in regards to foreclosures, loan modifications, counseling, additional licensing requirements, and more. Keep your eyes open for some major changes.