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Mortgage Servicing and Loan Modifications: MISSISSIPPI

Miss. Code Ann. §§ 81-18-1 through 81-18-61 (Mississippi S.A.F.E. Mortgage Act)

Scope: Mortgages on one to four unit residences occupied by natural person(s). Mortgage lenders including servicers. § 81-18-3(w).

Exclusions: Numerous exclusions including banks, credit unions, various other entities regulated under other statutes, government entities, certain nonprofit corporations.

Transfer Notice Requirements: None specified.

Mortgage Servicing and Loan Modifications: NEVADA

Nev. Rev. Stat. §§ 645A.010 through 645A.235 (Escrow Agents); Nev. Rev. Stat. § 645B.170 (Mortgage Companies and Mortgage Loan Originators); Nev. Rev. Stat. § 645E.430 (Mortgage Bankers) (repealed eff. Jan. 1, 2020).

Scope: Mortgage companies and mortgage loan originators.

Mortgage Servicing and Loan Modifications: NEW HAMPSHIRE

N.H. Rev. Stat. Ann. § 397-A:1 through A:23 (Nondepository First Mortgage Bankers)

Scope:

Nondepository First Mortgage Bankers and Mortgage Loan Servicers: The servicing provisions of chapter 397-A apply to “licensees,” which is defined to include mortgage bankers, brokers, originators, and servicers. § 397-A:1.

Mortgage Servicing and Loan Modifications: NEW JERSEY

N.J. Stat. Ann. §§ 17:16F-15 through 17:16F-26 (West). See also N.J. Stat. Ann. § 46:10B-25 (West)

Scope: Mortgage loans made to individuals for personal, family, or household purposes, secured by a structure containing not more than six dwelling units (parts of structure may be used for nonresidential purposes).

Mortgage Servicing and Loan Modifications: NEW MEXICO

N.M. Stat. Ann. § 48-7-8 (Mortgage Escrow Funds)

Scope: Real property mortgages.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Mortgage Servicing and Loan Modifications: NEW YORK

N.Y. Banking Law § 6-k (McKinney) (Real Property Insurance Escrow Accounts); N.Y. Gen. Oblig. Law § 5-601 (McKinney); N.Y. Real Prop. Tax Law §§ 952 through 959 (McKinney) (Real Property Tax Escrow Accounts); N.Y. Comp. Codes R. & Regs. tit. 3, §§ 419.1 through 419.14

Mortgage Servicing and Loan Modifications: NORTH CAROLINA

N.C. Gen. Stat. §§ 45-90 through 45-95; N.C. Gen. Stat. §§ 53-244.010 through 53-244.121

Scope: “Home loans,” defined as loans secured by real property in North Carolina used or intended to be used as a dwelling. “Servicers” as defined in RESPA, 12 U.S.C. § 2605(i). § 45-90. Mortgage business, defined to include servicing of residential mortgage loans. § 53-244.030.

Mortgage Servicing and Loan Modifications: OHIO

Ohio Rev. Code Ann. § 1349.27 (West)

Scope: Not specified.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Restrictions: None specified.

Recordkeeping and notice: None specified.

Mortgage Servicing and Loan Modifications: OREGON

Or. Rev. Stat. §§ 86.205 through 86.275

Scope: Lenders making loans secured by real property occupied by borrower and located within state, including multi-family property. Definition of lenders includes holders. § 86.205.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Mortgage Servicing and Loan Modifications: PUERTO RICO

Scope: None specified.

Exclusions: None.

Transfer Notice Requirements: None specified.

Borrower Inquiries: None specified.

Escrow Requirements:

Restrictions: None specified.

Recordkeeping and notice: None specified.

Handling of Funds: None specified.

Mortgage Servicing and Loan Modifications: RHODE ISLAND

R.I. Gen. Laws § 19-9-2 (Escrow Accounts); R.I. Gen. Laws § 34-26-2

Scope: Any regulated financial institution and any person who makes or negotiates loans secured by owner-occupied one to four family residences. § 19-9-1.

Exclusions: Mortgages insured or guaranteed by Veterans Admin., Federal Housing Admin., Farmers Home Loan Admin., or private mortgage insurer licensed to do business in state. § 19-9-2.

Mortgage Servicing and Loan Modifications: SOUTH CAROLINA

S.C. Code Ann. §§ 37-22-110 through 37-22-270; S.C. Code Ann. §§ 37-23-10 through 37-23-60

Scope: Mortgage lenders, defined to include servicing a mortgage loan. § 37-22-110(2).

Exclusions: None specified.

Transfer Notice Requirements: Licensee must comply with RESPA mortgage loan servicing transfer requirements [12 U.S.C. § 2605]. § 37-22-190(A)(11).

Mortgage Servicing and Loan Modifications: TENNESSEE

Tenn. Code Ann. § 45-13-201 through 45-13-506 (Mortgage Lending, Brokerage and Servicing); Tenn. Comp. R. & Regs. 0180-17-.03

Scope:

Mortgage Lenders, Brokers, and Servicers: Persons acting as a mortgage lender, mortgage loan broker or mortgage loan servicer in the state. Tenn. Code Ann. § 45-13-201.

Tenn. Comp. R. & Regs. 0180-17-.03: Transferor and transferee of servicing rights under a mortgage loan.

Mortgage Servicing and Loan Modifications: TEXAS

Tex. Fin. Code Ann. §§ 158.001 through 158.106 (West) (Residential Mortgage Loan Servicer Registration Act); Tex. Fin. Code Ann. §§ 343.201 through 343.206 (West)

Scope: Any person acting as residential mortgage loan servicer, directly or indirectly, for mortgage loan secured by residential real estate in state. § 158.051.

Mortgage Servicing and Loan Modifications: UTAH

Utah Code Ann. §§ 70D-1-102 through 70D-2-506 (West) (Mortgage Lending and Servicing); Utah Code Ann. §§ 7-17-1 through 7-17-10 (Reserve Accounts) (West)

Scope:

Mortgage Lending and Servicing: Loans made for personal, family, or household purposes and secured by a mortgage on real property located in state. § 70D-1-102.

Mortgage Servicing and Loan Modifications: VIRGIN ISLANDS

V.I. Code Ann. tit. 9, §§ 66, 67 (Banks and Foreign Banks); V.I. Code Ann. tit. 9, §§ 361, 363, 375 (Mortgage Lenders and Brokers)

Scope: §§ 66 and 67 cover banks and foreign banks. Tit. 9, §§ 1 through 2. §§ 361, 363, and 375 cover mortgage lenders (defined to include servicers). See § 361.

Mortgage Servicing and Loan Modifications: VIRGINIA

Va. Code Ann. § 6.2-1618

Scope: Lenders and brokers who originate, make, or negotiate a mortgage loan, which is a loan to an individual for personal, family, or household purposes secured by a mortgage or deed of trust on a one to four family residential property located in state, including renewal and refinancing. § 6.2-1600.