South Carolina General Assembly
117th Session, 2007-2008

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Indicates New Matter

S. 924

STATUS INFORMATION

General Bill
Sponsors: Senators Thomas, Ford, Anderson, Leventis and Short
Document Path: l:\council\bills\agm\18969mm08.doc
Companion/Similar bill(s): 1090

Introduced in the Senate on January 8, 2008
Currently residing in the Senate Committee on Banking and Insurance

Summary: Mortgage Lending Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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  12/12/2007  Senate  Prefiled
  12/12/2007  Senate  Referred to Committee on Banking and Insurance
    1/8/2008  Senate  Introduced and read first time SJ-65
    1/8/2008  Senate  Referred to Committee on Banking and Insurance SJ-65
   1/18/2008          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/12/2007
1/18/2008

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA MORTGAGE LENDING ACT", BY ADDING CHAPTER 22 TO TITLE 37 SO AS TO REQUIRE THE LICENSING OF A MORTGAGE LENDER, LOAN OFFICER, LIMITED LOAN OFFICER, OR SOMEONE ACTING AS A MORTGAGE LENDER; TO PROVIDE DEFINITIONS; TO ESTABLISH QUALIFICATIONS FOR LICENSURE AND GROUNDS FOR REVOCATION, SUSPENSION, RENEWAL, AND TERMINATION; TO DESCRIBE PROHIBITED ACTIVITIES; TO PROVIDE FOR RECORD-KEEPING, TRUST AND ESCROW ACCOUNTS, AND ANNUAL REPORTS; TO PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES; TO PROVIDE FOR ENFORCEMENT OTHERWISE THROUGH THE DEPARTMENT OF CONSUMER AFFAIRS AND THROUGH CRIMINAL PENALTIES; TO AMEND CHAPTER 58 OF TITLE 40, RELATING TO THE REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REGISTRATION REQUIREMENTS TO LICENSING REQUIREMENTS, TO REDEFINE "MORTGAGE BROKER", "EXEMPT ORGANIZATION", "RESIDENTIAL REAL PROPERTY", INTER ALIA, AND TO ADD NEW DEFINITIONS, INCLUDING "BRANCH OFFICE", "PATTERN OF RESIDENTIAL MORTGAGE FRAUD", "TABLEFUNDING", AND OTHERS; TO REQUIRE CERTAIN PROFESSIONAL COURSES, AN ADDITIONAL YEAR OF EXPERIENCE, AND A FINGERPRINT CHECK FOR MORTGAGE BROKERS AND MORTGAGE ORIGINATORS; TO REQUIRE CERTAIN RECORDS BE KEPT AND MADE ACCESSIBLE; TO ADD CERTAIN PROHIBITIONS IN CONNECTION WITH A REAL ESTATE APPRAISAL; TO REQUIRE AND PRESCRIBE MORTGAGE BROKER AGREEMENTS; TO AUTHORIZE ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND TO PRESCRIBE ADMINISTRATIVE PENALTIES INCLUDING FINES AND INJUNCTIONS AND CRIMINAL PENALTIES; TO REQUIRE CERTAIN REPORTS AND FILINGS; AND PROVIDE FOR THE FELONY OFFENSE OF MORTGAGE FRAUD AND PENALTIES; TO AMEND SECTIONS 37-1-301, 37-3-501, AND 37-23-20, ALL RELATING TO DEFINITIONS IN CONNECTION WITH MORTGAGE LENDING AND BROKERING AND HIGH-COST AND CONSUMER HOME LOANS, SO AS TO CONFORM DEFINITIONS, AND TO ADD A DEFINITION FOR "ADJUSTABLE RATE MORTGAGE"; TO AMEND SECTION 37-23-45 AND SECTION 37-23-75, BOTH RELATING TO DISCLOSURE TO THE BORROWER, SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH AN ADJUSTABLE RATE MORTGAGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as "The South Carolina Mortgage Lending Act".

SECTION    2.    This act is effective January 1, 2009.

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This web page was last updated on Monday, October 10, 2011 at 1:30 P.M.