On March 25, Utah enacted HB 99 (the “Act”), titled “Residential Mortgage Loan Amendments,” which modifies the Utah Residential Mortgage Practices and Licensing Act. The Act grants the Division of Real Estate with the authority to issue citations to individuals who violate trigger lead standards when transacting residential mortgage loans. The Act establishes prohibitions under which the use of information derived from consumer reports for soliciting consumers who have applied for a mortgage loan with another financial institution. The state aims to protect consumer privacy for Utahns and prevent misleading practices. Such solicitations are prohibited if the person fails to disclose that they are not affiliated with the mortgage loan company or broker with which the consumer initially applied; fails to conform to state and federal law regarding solicitations using consumer reports, including the requirement to make a firm offer of credit; or offers rates, terms and costs with the knowledge that it will subsequently make changes to the detriment of the consumer.
