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OH SB14
Bill
Status
2/1/2011
Primary Sponsor
Michael Skindell
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AI Summary
S.B. No. 14 Summary
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Requires registration of residential mortgage servicers with the superintendent of financial institutions; applicants must pay a $200 investigation fee and $1,000 annual registration fee and designate an operations manager with at least 3 years' experience in mortgage, collections, servicing, or lending.
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Establishes net worth requirements ($250,000 minimum) and bonding requirements for servicers, with corporate surety bonds of $250,000 base penal sum for the first location plus $10,000 for each additional location.
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Prohibits servicers from engaging in unregistered servicing activities, collecting unauthorized fees, making false statements, initiating foreclosures without proof of ownership, or engaging in unfair debt collection practices; violations result in forfeiture of interest and charges.
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Creates civil enforcement mechanisms including superintendent authority to revoke registrations, impose fines up to $1,000 per day of violation, seek injunctions, and cease and desist orders; borrowers may recover damages including improper charges, attorney's fees, and punitive damages.
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Establishes criminal penalties: felony of the fifth degree for unauthorized servicing or making false statements on servicing documents; felony of the fourth degree for obstruction of superintendent examination or investigation.
Legislative Description
To require registration of residential mortgage servicers, to regulate residential mortgage servicers, and to adopt civil and criminal penalties for violations of the bill's provisions.
Residential mortgage servicers-regulate
Last Action
To Financial Institutions
2/1/2011