BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1137
                                                                  Page  1

          Date of Hearing:   June 21, 2010

                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE
                                   Mike Eng, Chair
                   SB 1137 (B.F. & I.) - As Amended:  June 3, 2010

           SENATE VOTE  :   35-0
           
          SUBJECT  :   Mortgage Lending

           SUMMARY  :   Makes several technical changes to the statutes  
          enacted to conform to the requirements of the Secure and Fair  
          Enforcement for Mortgage Licensing Act of 2008 (SAFE Act).   
          Specifically,  this bill :   

          1)Provides that a California Finance Lender (CFL)that employs  
            one or more mortgage loan originators and that arranges but  
            does not make residential mortgage loans, shall continuously  
            maintain a minimum net worth of least $50,000.

           EXISTING FEDERAL LAW  , provides for the SAFE Act, pursuant to  
          Title V of the provisions of the Housing and Economic Recovery  
          Act of 2008 (HR 3221; Public Law 110-289).  The SAFE Act  
          required all states to license and register their mortgage loan  
          originators, as defined, through a nationwide organization  
          called the Nationwide Mortgage Licensing System and Registry.   
          Any state that failed to implement a mortgage loan originator  
          licensing system, in compliance with the SAFE Act, by July 30,  
          2009 risked direct intervention by the U.S. Department of  
          Housing and Urban Development (HUD).  Under the SAFE Act, HUD is  
          authorized to establish and maintain a mortgage loan originator  
          system in any state that fails to voluntarily comply with SAFE.   


           EXISTING STATE LAW  , pursuant to SB 36 (Calderon), Chapter 160,  
          Statutes of 2009, conforms California's Real Estate Law, Finance  
          Lenders Law, and Residential Mortgage Lending Act to the SAFE  
          Act, thus preserving California's ability to continue regulating  
          mortgage loan origination by non-depository institutions  
          operating in California

           FISCAL EFFECT  :   None

           COMMENTS  :   









                                                                  SB 1137
                                                                  Page  2

          This bill is intended to provide clean-up to legislation passed  
          last year to ensure that California law complies with provisions  
          of the SAFE Act.  The SAFE Act required all states to individual  
          license mortgage loan originators and to ensure their  
          registration with a nationwide database.  Currently, the  
          Department of Corporations (DOC) and Department of Real Estate  
          are engaged in establishing rules and regulations to carry out  
          the provisions of SAFE.

          An additional provision of this bill concerns the net worth  
          requirements of CFL brokers.  Under current law a CFL broker  
          whether making or arranging mortgage loans is required to  
          maintain $250,000 of net worth at all times.  This bill would  
          provide a finer delineation of this requirement by allowing a  
          CFL broker that employs one or more mortgage loan originators  
          that only arranges mortgage loans to maintain a net worth of  
          $50,000.  The reasoning behind this change is that smaller CFL  
          licensees that only arrange loans, are losing their licenses due  
          to the net worth requirement coupled with the current economic  
          downturn.  While the net worth requirements are being changed,  
          CFL licensees would continue to have to maintain a surety bond  
          of $25,000.  Additionally, DOC expects to promulgate  
          regulations, to ensure that minimum net worth requirements for  
          CFL licensees employing individuals with mortgage loan  
          originator licenses appropriately reflect the gross revenue  
          derived by those licensees from mortgage loan origination  
          activities.  Committee staff and the author's office intend to  
          monitor the development of these regulations to ensure they  
          provide adequate flexibility and protection of the public's  
          general welfare.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
          
          None on file.
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Mark Farouk / B. & F. / (916) 319-3081