BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 657


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          Date of Hearing:  June 27, 2016


                      ASSEMBLY COMMITTEE ON BANKING AND FINANCE


                               Matthew Dababneh, Chair


          SB  
          657 (Berryhill) - As Amended June 13, 2016


          SENATE VOTE:  Vote not relevant


          SUBJECT:  The California Residential Mortgage Lending Act:   
          lenders:  licensees


          SUMMARY:  Revises the definition of "lender" under the  
          California Residential Mortgage Lending Act (CRMLA) to clarify  
          the inclusion of loan processors and underwriters under  
          specified circumstances. Specifically, this bill:  


          1)Provides that a "lender" under the CRMLA is a person that is  
            either of the following:


             a)   Not a natural person and engages in the activities of a  
               loan processor or underwriter for a residential mortgage  
               loan; or,


             b)   A natural person and an independent contractor who  
               engages in the activities of a loan processor or  
               underwriter for a residential mortgage loan.









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          2)Allows the Commissioner of the Department of Business  
            Oversight (DBO), at his or her discretion, to require a lender  
            that engages in the activities of a loan processor or  
            underwriter to maintain a minimum tangible net worth of an  
            amount that is greater than two hundred fifty thousand dollars  
            ($250,000), but does not exceed the net worth required by an  
            approved lender under the Federal Housing Administration  
            (FHA).


          EXISTING LAW:  


          1)Provides that the CRMLA is specifically designed to authorize  
            and regulate mortgage banking activities. An applicant under  
            the CRMLA may obtain a license as a lender, a servicer, or  
            both. The CRMLA authorizes licensees to make federally related  
            mortgage loans, to make loans to finance the construction of a  
            home, to sell the loans to institutional investors, and to  
            service such loans. Licensees are authorized to purchase and  
            sell federally related mortgage loans and to provide contract  
            underwriting services for institutional lenders. Licensees are  
            authorized to service any federally related mortgage loan  
            regardless of whether they make the loan or purchase a  
            servicing portfolio.  A licensed CRMLA lender is also  
            authorized to provide brokerage services to a borrower, by  
            attempting to obtain a mortgage loan on behalf of the borrower  
            from an institutional lender.  Employees who engage in  
            brokering activities on behalf of the CCRMLA licensee must be  
            licensed mortgage loan originators employed by the licensee.  
            (Financial Code, Section 50000 et seq.)

          1)Defines "lender" under the CRMLA as a person that (1) is an  
            approved lender for the FHA, Veterans Administration, Farmers  
            Home Administration, Government National Mortgage Association,  
            Federal National Mortgage Association, or Federal Home Loan  
            Mortgage Corporation, (2) directly makes residential mortgage  
            loans, and (3) makes the credit decision in the loan  








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            transactions.  (Financial Code, Section 50003(m))



          2)Defines "mortgage servicer" or "residential mortgage loan  
            servicer" under the CRMLA as a person that (1) is an approved  
            servicer for the FHA, Veterans Administration, Farmers Home  
            Administration, Government National Mortgage Association,  
            Federal National Mortgage Association, or Federal Home Loan  
            Mortgage Corporation, and (2) directly services or offers to  
            service mortgage loans.  (Financial Code, Section 50003(q)).


          3)Specifies that an independent contractor may not engage in the  
            activities of a loan processor or underwriter for a  
            residential mortgage loan unless the independent contractor  
            loan processor or underwriter obtains and maintains a  
            residential mortgage lender or residential mortgage servicer  
            license and a mortgage loan originator license.  (Financial  
            Code, Section 50003.6(c)).


          FISCAL EFFECT:  Unknown


          COMMENTS:  


           Need for the bill.


           According to the author:


            In 2015, FHA said that its federal lender approval should and  
            would no longer be granted or allowed to third party  
            processors and underwriters who did not themselves actually  
            lend.  Consequently, because of this policy change, these  
            individuals will have to surrender their current FHA lender  








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            approval.  The ultimate effect of this change in HUD policy  
            means that current California licensees that rely on the FHA  
            approval to satisfy the California requirement will have  
            challenges in technically meeting the definition of "lender"  
            in the CRMLA.  So although they have been active and in good  
            standing in California, through no action or fault of its own  
            making and based on a policy shift by a federal entity, some  
            California independent contractors may no longer be able to do  
            business in CA under the CRMLA. 


            This bill is intended to modify the technical definition of  
            lender in the statute.  It would make clear that this category  
            of CRMLA mortgage lender licensees who engage solely in  
            mortgage loan processing and underwriting, which can no longer  
            be FHA/HUD approved lenders, still can be licensed in  
            California and remain subject to DBO jurisdiction and  
            oversight, just as they are now.


           Background.


           SB 657 seeks to resolve an issue concerning the overlap of the  
          requirements to be licensed under the CRMLA, the definition of a  
          "lender" under the CRMLA and recent changes to the Department of  
          Housing and Urban Development (HUD) Mortgagee Handbook.  


          Under the CRMLA a "lender" directly makes residential mortgage  
          loans and makes credit decisions in the loan transaction.  The  
          final qualifier to be licensed as a lender under the CRMLA is  
          that the lender must be an approved lender for the FHA, Veterans  
          Administration, Farmers Home Administration, Government National  
          Mortgage Association, Federal National Mortgage Association, or  
          Federal Home Loan Mortgage Corporation.  These licensing  
          requirements allowed mortgage underwriters and processors to be  
          licensed under the CRMLA with the full set of responsibilities  
          and requirements as those actually making or arranging the  








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          mortgage loans.


          In September of 2015 HUD modified its Mortgagee Handbook to  
          change the definition of entities that are eligible for HUD  
          lender or government approval.  HUD previously described  
          entities as "financial entity" considered to be a broader  
          definition than the revision which changed to "lending  
          institutions."  This narrower definition suggests that loan  
          processors and underwriters are not considered "lending  
          institutions" and therefor are no longer endorsed as lenders by  
          HUD or other government entities.  This has created a situation  
          where several CRMLA licensees no longer meet the required  
          definition of "lender" in order to remain licensed and are at  
          risk of not being able to renew their licenses with DBO.


          The revisions proposed in SB 657 are intended to maintain the  
          status quo where entities that are independent contractors and  
          that do loan processing and underwriting remain licensed under  
          the CRMLA in the State of California.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Bankers Association


          California Mortgage Bankers Association












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          Opposition


          None on file.




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