BILL ANALYSIS SB 1137 Page 1 Date of Hearing: June 30, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1137 (Committee on Banking, Finance, and Insurance) - As Amended: June 23, 2010 Policy Committee: Banking and Finance Vote: 12-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill makes several, mostly technical, changes to legislation passed last year that brought California into conformity with the federal Secure and Fair Enforcement (SAFE) Act for mortgage loan originators. Specifically, the bill: 1)Provides an exception to last year's increase in the minimum net worth requirements for real estate brokers that facilitate, but do not make, mortgage loans. Such brokers would be required to maintain a net worth of at least $50,000 instead of the $250,000 minimum for other brokers. 2)Makes explicit the regulatory authority of the Department of Real Estate to take enforcement actions for non-compliance with federal law. 3)Makes other technical and conforming changes to the statutes enacted last year. FISCAL EFFECT Negligible effect on state costs and revenues. COMMENTS 1)Background . In 2008, Congress passed the SAFE Act, which requires all states to license and register their mortgage loan originators through a nationwide organization called the Nationwide Mortgage Licensing System and Registry. Under the SAFE Act, HUD is authorized to establish and maintain a SB 1137 Page 2 mortgage loan originator system in any state that fails to voluntarily comply with the federal provisions. SB 36 (Calderon), Chapter 160, Statutes of 2009, conforms California's Real Estate Law, Finance Lenders Law, and Residential Mortgage Lending Act to the federal SAFE Act, thus preserving California's ability to continue regulating mortgage loan origination by non-depository institutions operating in California. 2)Rationale . This bill is a clean up measure to SB 36. The net-worth provisions are intended to address a problem that has arisen with respect to smaller CFL brokers. SB 36 raised the net worth minimum requirements from $25,000 to $250,000 for all brokers - both those making loans themselves and those that simply arrange mortgages through other lenders. It did not change the minimum requirement for surety bonds, which remains at $25,000 for all lenders. Through regulations, however, DOC is establishing a sliding scale for surety bond amounts, starting at $25,000 and rising for brokers with a larger volume of business. The higher net worth requirement, coupled with the housing downturn, is driving smaller brokers out of business. This bill would enable DOC, in its final regulations, to create a sliding scale for net worth requirements of brokers that facilitate, but do not make, mortgage loans. The sliding scale, starting at $50,000 and rising for brokers with larger amounts of business, is intended to enable brokers that handle only a modest number of mortgage loans to remain in business while still providing consumer protections. The remaining provisions of the bill (a) clarify the regulatory authority of Department of Real Estate to enforce compliance with the SAFE Act, by explicitly authorizing enforcement actions - such as desist and refrain orders, or license revocations - and (b) make a variety of other technical and conforming changes. Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081