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