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Mortgages › New Legislation › Lenders

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Orrick, Herrington & Sutcliffe LLP

U.S. Senate passes trigger lead bill from House, heads to president

Orrick, Herrington & Sutcliffe LLP on

On August 2, the U.S. Senate passed, by unanimous consent, the “Homebuyers Privacy Protection Act,” which would amend the FCRA to prohibit so-called “trigger leads” related to residential mortgage loans. If signed into law,...more

Morrison & Foerster LLP

New York Lawmakers Approve Ban on Rent Minimum Clauses in Mortgage Loan Transactions: Bill Not Yet Signed Into Law By Governor

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How much chaos might a three-sentence bill that was quietly passed by the New York State legislature sow on the real estate lending industry? Potentially plenty. On June 13, 2025, a bill passed by the New York Assembly (A....more

Alston & Bird

Servicers Take Note: Louisiana Now Allows Insurers to Offer Borrowers Stated Value Property Insurance Policies

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What Happened? Mortgage servicers should take note that on June 30, 2025, Louisiana Governor Jeff Landry signed into law HB 356 (2025 La. Acts 480) creating the Stated Value Policy Act (the “Act”) which allows insurers to...more

Sheppard Mullin Richter & Hampton LLP

California Enacts New Mortgage Servicing and Foreclosure Standards

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On June 30, California Governor Newsom has signed AB 130, a budget trailer bill related to housing. This legislation includes new requirements for mortgage servicers of subordinate mortgages, defined in the bill, and took...more

Ballard Spahr LLP

Congress Passes Legislation to Help Protect Veterans from Foreclosure by Reauthorizing Partial Claims with VA Home Loans

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The U.S. Senate recently passed H.R. 1815, the VA Home Loan Program Reform Act, to reauthorize partial claims with U.S. Department of Veterans Affairs (VA) guaranteed home loans. The U.S. House of Representatives passed the...more

Gould + Ratner LLP

10 Things a Real Estate Investor Should Know About the Big Beautiful Bill

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On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was passed into law and introduced many changes to the tax code and federal spending priorities. The OBBBA has wide-ranging implications for the real estate market. Here...more

Bradley Arant Boult Cummings LLP

New California Law Threatens to Stall All Second Lien Foreclosures

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On June 30, 2025, California Gov. Gavin Newsom signed a large “budget trailer” bill that will have significant consequences on the mortgage industry. In relevant part, the new law addresses foreclosures on so-called zombie...more

Troutman Pepper Locke

Georgia Amends Intangible Recording Tax Statute and Expands Loans Exempt from Tax

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On May 9, Governor Brian Kemp signed House Bill 586, revising the definition of “long-term note[s] secured by real estate” that are subject to the intangible recording tax. Under current law, long-term notes are considered...more

Orrick, Herrington & Sutcliffe LLP

Rhode Island updates mortgage licensing provisions

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On June 24, the governor of Rhode Island signed into law H 5811 to amend the Secure and Fair Enforcement for Mortgage Licensing Act of 2009. The amendment changes the law to prohibit an individual who is licensed as both a...more

Blank Rome LLP

Executive Summary – New York Regulation and Disclosure – What Mortgage Applicants Need to Know

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A new law in New York took effect on June 11, 2025, requiring banking organizations, licensed lenders, and mortgage bankers provide a disclosure pamphlet titled “What Mortgage Applicants Need to Know” (the “Pamphlet”)....more

Mayer Brown

Licensing Link - June 2025

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Licensing Link is a periodic publication that will keep you informed on hot topics and new developments in state licensing laws, and provide practice tips and primers on important issues related to state licensing across the...more

Alston & Bird

Update on New Maryland Law Clarifying Exemptions for Certain Mortgage Trusts

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What Happened? As we previously advised you, in 2024, the Maryland Appellate Court in Estate of H. Gregory Brown v. Carrie M. Ward, et al., No. 1009, (App. Ct. Sept. Term 2023), ruled that a statutory trust that held a...more

Orrick, Herrington & Sutcliffe LLP

Tennessee enacts new home loan rate

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On April 28, the governor of Tennessee signed into law HB 908 to amend the maximum effective interest rate for home loans originated in the state. The new law sets the rate at four percentage points above the average prime...more

Sheppard Mullin Richter & Hampton LLP

Maryland Enacts Law Exempting Passive Trusts from Mortgage and Installment Loan Licensing Requirements

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In January 2025, the Maryland Office of Financial Regulation (the “OFR”) issued a guidance stating that assignees of residential mortgage loans, including certain passive trusts, were required to hold a Maryland mortgage...more

Orrick, Herrington & Sutcliffe LLP

Maryland enacts law clarifying license changes for mortgage assignees

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On April 22, the governor of Maryland approved HB 1516 / SB 1026, the Maryland Secondary Market Stability Act of 2025 (the “Act”), which exempts certain trust entities acquiring Maryland mortgage loans, including passive...more

Alston & Bird

Consumer Finance State Roundup

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The latest edition of the Consumer Finance State Roundup highlights recently enacted measures of potential interest from three states: Arkansas: House Bill 1184, which we expect to take effect on or about August 8, amends...more

Seyfarth Shaw LLP

Oregon Law Limits Lender Enforcement Actions Against Borrowers

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Oregon’s House Bill 4204 (the “Statute”) was signed into law on July 7, 2020, by Governor Kate Brown. The Statute imposes certain limitations on a lender’s right to undertake enforcement action against a borrower on loans...more

Goodwin

California Signs Two New Consumer Protection Bills into Law

Goodwin on

On September 25, 2019, California’s Governor signed into law two bills that impact financial consumer services companies in California: California Assembly Bill 539 and California Senate Bill 187.  Both laws go into effect...more

Clark Hill PLC

2019 Arizona Legislative Updates Affecting Commercial Real Estate and Lending (June 2019)

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The First Regular Session of the 2019 Arizona Legislature produced a number of bills affecting commercial real estate and lending that were ultimately approved by the Governor. The text of, and fact sheets and other documents...more

Baker Donelson

Liberalization of Louisiana Foreclosure Law: Cat on a Hot Tin Roof

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Legislation liberalizing Louisiana foreclosure law was signed by Louisiana’s governor on June 5. House Bill 697 becomes effective on August 1, 2015. One particular area where lenders strive to use technology involves...more

Troutman Pepper Locke

Newly-Enacted Texas Law Confirms Mechanism for Lenders to Unilaterally Rescind Acceleration

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On June 17, 2015, Governor Greg Abbott signed House Bill 2067, which amends the Texas Civil Practice and Remedies Code to provide a clear mechanism for lenders to unilaterally rescind acceleration of a defaulted loan. ...more

Winthrop & Weinstine, P.A.

Court Rulings as Drivers of Mortgage Foreclosure Legislation

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My crystal ball tells me to anticipate the passage of new mortgage foreclosure legislation during the 2014 session of the Minnesota State Legislature. And if I am right, what will be unique about this is that, unlike the...more

Ballard Spahr LLP

Oklahoma Issues Guidance on New Mortgage Lender License

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The State of Oklahoma provided guidance regarding implementation of a recent amendment to its Secure and Fair Enforcement for Mortgage Licensing Act (Oklahoma SAFE Act)....more

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