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
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            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