BILL ANALYSIS DATE OF HEARING: APRIL 19, 1995 SB 186 SENATE COMMITTEE ON FINANCE, INVESTMENT, AND INTERNATIONAL TRADE LUCY KILLEA, CHAIR SENATE BILL 186 (MADDY) AS AMENDED APRIL 17, 1995 PRIOR ACTION: None FISCAL: No SUBJECT: Changes to provisions and conditions of operability to the California Residential Mortgage Lender Act. Existing law created the California Residential Mortgage Lender Act to be effective January 1, 1996. (Senate Bill 1978 Johnston, Chapter 994; Statutes of 1994). Residential mortgage lenders are to be licensed by the Department of Corporations. Eligibility for the new license is based on the type of transactions conducted. Existing law subjects mortgage banker licensees to licensure and other compliance provisions, including annual CPA audits, Department of Corporations audits, rate lock fee restrictions, consumer disclosures, requirement for a $100,00 surety bond, a $1,000 application fee and an annual assessment based on the volume of business conducted by the licensee and civil and criminal penalties for willful violations. This Bill enlarges current statutory definitions to SB 186 1 APRIL 19, 1995 SENATE COMMITTEE ON FINANCE, INVESTMENT AND INTERNATIONAL TRADE include: 1. INSTITUTIONAL INVESTOR: Federal National Mortgage Association, and the Federal Home Loan Mortgage Association, used as examples to define government entities; A subsidiary or affiliate of a defined set of financial institutions to include industrial loan companies; A corporation registered with the Securities and Exchange Commission (SEC) or a wholly owned subsidiary providing the following; a. That it is purchasing for its own account for investment and not for sale in connection with any distribution of a promissory note. b. An investment company registered under the Investment Company Act of 1940 (mutual fund) or is a wholly owned subsidiary; c. A person licensed to make residential mortgage loans or an affiliate or subsidiary; d. Any person licensed as a securities broker or dealer, or an affiliate or subsidiary of the broker or dealer in connection with a transaction involving the sale or purchase of promissory notes secured by liens on real property, and the offer and sales of those securities qualify under state and federal securities SB 186 2 APRIL 19, 1995 SENATE COMMITTEE ON FINANCE, INVESTMENT AND INTERNATIONAL TRADE laws; and e. A business development company as defined, or a Small Business Investment Company licensed by the US Small Business Administration (SBA); f. A trust established by an institutional investor for the purpose of issuing securities representing undivided interests in a pool of financial assets held by the trust or a business entity provided the pool in part consists of: interest bearing obligations, and instruments providing credit enhancement for the assets. The securities must be rated as oinvestment gradeo by Standard and Pooros or Moodyos, or sold to an institutional investor. 2. INSTITUTIONAL LENDER Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation as examples to defined government entities; and A service or investment company that is controlled by a defined set of financial institutions to include industrial loan companies. This bill defines loan servicing activities as engaging in the business of buying or selling to institutional investors residential mortgage loans by using oneos own funds, and to solicit, process, and underwrite but not broker, residential mortgage loans for the institutional lender, using the funds of the lender. SB 186 3 APRIL 19, 1995 SENATE COMMITTEE ON FINANCE, INVESTMENT AND INTERNATIONAL TRADE COMMENTS: This bill is sponsored by the Prudential Home Mortgage Company. The sponsor contends this bill is designed to ensure that mortgage banking companies retain the flexibility necessary through access to institutional capital markets and other secondary market resources. The sponsor also contends this bill would authorize mortgage bankers to enter agency contracts with other institutional lenders to solicit, process and underwrite loans. The support contends that as the mortgage market has contracted in the last twelve months, many large mortgage lenders have sought to utilize their excess capacity by offering to perform obackgroundo services, such as tele-marketing, processing and underwriting lending institutions. This bill is opposed by California Association of Realtors. The opposition objects to the billos grant of authority to the Residential Mortgage Lenders to solicit prospective borrowers for one lender while at the same time holding themselves out as the lender in the transaction. The opposition contends that this sort of agency activity the Department of Real Estate has historically regulated, and they believe it would be ill advised to spilt up the supervision of the areas between the Department of Real Estate and the Department of Corporations. POSITIONS: Support: California Mortgage Bankers Association SB 186 4 APRIL 19, 1995 SENATE COMMITTEE ON FINANCE, INVESTMENT AND INTERNATIONAL TRADE Prudential Home Mortgage Company California Investoros Mutual North American Mortgage Company Ring Mortgage Opposition: California Association of Mortgage Brokers California Trust Deed Association California Association of Realtors Contact: Jan L. Owen 445-6306 SB 186 5 APRIL 19, 1995 SENATE COMMITTEE ON FINANCE, INVESTMENT AND INTERNATIONAL TRADE