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NC H762

Bill

Status

Passed

7/1/2025

Primary Sponsor

Stephen Ross

Click for details

Origin

House of Representatives

2025-2026 Session

AI Summary

  • Modernizes North Carolina's Secure and Fair Enforcement (S.A.F.E.) Mortgage Licensing Act by updating definitions, streamlining terminology, and aligning state requirements with federal standards under 12 U.S.C. and 12 C.F.R.

  • Establishes new "Part 2" prudential standards for mortgage servicers with 2,000+ residential loans, requiring capital/liquidity requirements aligned with FHFA eligibility standards, board of directors oversight, annual external audits, and formal risk management programs.

  • Eliminates the "transitional mortgage loan originator" license category and instead recognizes temporary authority for out-of-state licensed originators under federal law (12 U.S.C. § 5117).

  • Expands exemptions from licensing to include bona fide 501(c)(3) nonprofits promoting home ownership, trust institutions acting in fiduciary capacity, and trustees making loans to trust beneficiaries or immediate family members of grantors.

  • Modifies maximum permissible fees on second or junior lien real estate loans, allowing fees up to the lesser of federal qualified mortgage thresholds under 12 C.F.R. § 1026.43(e)(3) or 3% of total loan amount, effective upon enactment.

Legislative Description

Modernize NC S.A.F.E. Act/2d Mortgage Fee Act

Public

Last Action

Ch. SL 2025-43

7/1/2025

Committee Referrals

Rules and Operations of the Senate6/17/2025
Finance6/10/2025
Commerce and Insurance6/10/2025
Rules and Operations of the Senate5/1/2025
Rules, Calendar, and Operations of the House4/17/2025
Finance4/15/2025
Commerce and Economic Development4/7/2025

Full Bill Text

No bill text available