News & Analysis as of August 16, 2025

Loans

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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 +

New York Legislature Passes Bill Banning Rent Minimum Provisions in Real Estate Loan Documents

Jones Day on 7/18/2025

On June 13, both houses of New York's legislature passed a bill, S1163, that prohibits "rent minimums" in real estate secured loan documents....more

Tennessee enacts new home loan rate

Orrick, Herrington & Sutcliffe LLP on 5/12/2025

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

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

Sheppard Mullin Richter & Hampton LLP on 4/28/2025

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

Maryland OFR Responds to Market Concerns Over Licensing Requirements for Mortgage and Installment Loan Assignees

Sheppard Mullin Richter & Hampton LLP on 3/10/2025

On February 18, the Maryland Office of Financial Regulation (OFR) issued an alert to address industry concerns regarding its January guidance on licensing requirements for assignees of residential mortgage and installment...more

Maryland Update on Licensing Guidance

Mayer Brown on 2/28/2025

AT A GLANCE - In response to market concerns regarding licensing guidance for assignees of certain residential mortgage loans and installment loans released by the Maryland Office of Financial Regulation in January, that...more

Maryland Mortgage Loan Purchasers Face New License Requirement

Orrick, Herrington & Sutcliffe LLP on 1/31/2025

Financial institutions that purchase mortgage loans in Maryland, including securitization trusts and other secondary market purchasers, face a new requirement to obtain a state license. The Maryland Office of Financial...more

It’s Time to (Carefully) Secure that Guaranty

Sheppard Mullin Richter & Hampton LLP on 3/9/2021

The 2021 increase to California’s homestead exemption to up to $600,000 stands to change the legal and economic relationship of guarantors with their lenders and vendors who make loans or sell goods or services on...more

Covid-19 Mortgage Servicing Trends Report - Update

Bradley Arant Boult Cummings LLP on 12/23/2020

Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. This report is intended to show industry trends, not facts, and does not necessarily...more

Update: COVID-19 Mortgage Servicing Trends Report

Bradley Arant Boult Cummings LLP on 12/2/2020

Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables... The polling results included in this report are the anonymous responses of...more

CT Law Requires CT Attorney to Conduct Certain Mortgage Closings

Ballard Spahr LLP on 9/6/2019

Public Act No. 19-88 requires an attorney admitted in Connecticut in good standing to “conduct” a “real estate closing.” It takes effect October 1, 2019. The term “conduct” is not defined. A “real estate closing” includes a...more

State of Washington Issues Notice Temporarily Waiving Certain Fees Under the Consumer Loan Act (CLA)

Ballard Spahr LLP on 7/30/2019

On July 8, 2019, the Department of Financial Institutions, Division of Consumer Services notified licensees that after review and analysis of its budget, it was implementing temporary fee waivers, as follows...more

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