New Regulations for North Carolina “Mortgage Servicers”

Category: Uncategorized
Published: Jan 18, 2009
In July 2008, North Carolina House Bill 2463 was passed, and contained a number of changes to the state’s “Mortgage Lending Act” (Article 19 of G.S. 53).  While Article 19 applied to just mortgage bankers and mortgage brokers (mortgage lenders), HB 2463 extended coverage to include “mortgage servicers” in the state of NC.

This bill requires mortgage servicers to post a $150,000 license bond (type of commercial bond/surety bond), the same type/amount already required by other mortgage lenders operating inNorth Carolina.

With the signing of this bill, the NC Banking Commission is now authorized to charge a fee for expenses incurred during examinations of any licensees’ books/records in order to ensure compliance.  Before HB 2463, such examinations were paid for by the Commission.

To clarify, the term “mortgage bankers” pertains to a person that makes mortgage loans, while “mortgage brokers” are people who solicit applications for such loans, issue loan commitments, etc. 

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