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Mortgage Servicing and Loan Modifications: FLORIDA

Fla. Stat. § 501.137

Scope: Lenders whose loans are secured by real property in state, who hold escrow funds for payment of taxes or insurance premiums.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Restrictions: None specified.

Mortgage Servicing and Loan Modifications: GEORGIA

Ga. Code Ann. §§ 7-1-1000 through 7-1-1002, 7-6a-1 through 7-6a-13

Scope: Not specified.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Restrictions: None specified.

Mortgage Servicing and Loan Modifications: HAWAII

Haw. Rev. Stat. §§ 454M-1 through 454M-6 (effective July 1, 2010)

Scope: Mortgage servicers, defined as persons responsible for receiving any scheduled periodic payments on residential mortgage loans, including amounts for escrow accounts under RESPA, and for making other payments; includes making payments to borrowers on reverse mortgages. § 454M-1.

Mortgage Servicing and Loan Modifications: IDAHO

Idaho Code §§ 26-2802 through 26-2809, repealed by S.L. 2020, ch. 100, § 2, eff. July 1, 2020

Scope: Not specified.

Exclusions: None.

Borrower Inquiries: Not specified.

Handling of funds: None specified.

Interest: None specified.

Additional Requirements: None specified.

Mortgage Servicing and Loan Modifications: ILLINOIS

205 Ill. Comp. Stat. 5/48.2 (Illinois Banking Act); 205 Ill. Comp. Stat. 635/1 through 635/7 (Residential Mortgage License Act); 765 Ill. Comp. Stat. 910/1 through 910/15 (Mortgage Escrow Account Act); 765 Ill. Comp. Stat. 915/1 (Mortgage Tax Escrow Act)

Scope:

Illinois Banking Act: Residential mortgages.

Mortgage Servicing and Loan Modifications: INDIANA

Ind. Code §§ 24-4.4-1-101 through 24-4.4-3-115 (First Lien Mortgage Lending Act); Ind. Code §§ 24-4.5-1-101 through 24-4.5-3-408 (Consumer Credit Code); Ind. Code §§ 24-9-4-1 through 24-9-4-12

Scope:

Mortgage Servicing and Loan Modifications: KANSAS

Kan. Stat. Ann. §§ 58-2337 through 58-2341; Kan. Stat. Ann. §§ 9-2201 through 9-2220 (Kansas Mortgage Business Act)

Scope:

Kan. Stat. Ann. § 58-2337: Loans secured by real estate on which is located, or will be located pursuant to a home loan, a dwelling or dwellings for not more than four families.

Mortgage Servicing and Loan Modifications: KENTUCKY

Ky. Rev. Stat. Ann. §§ 286.8-010 through 286.8-990 (West). See also Ky. Rev. Stat. Ann. § 360.100 (West) (High-Cost Home Loans)

Scope: Mortgage loan companies, defined to include any person servicing mortgage loans. § 286.8-010(20).

Mortgage Servicing and Loan Modifications: MAINE

Me. Stat. tit. 9-A, § 2-310 (Supervised Lenders); Me. Stat. tit. 9-A, §§ 9-304 through 9-305-A (First-Lien Mortgages); Me. Stat. tit. 9-B, § 429 (Financial Institutions; Escrow Accounts); Me. Stat. tit. 14, § 6113 (Mortgage Servicer Duty of Good Faith)

Scope:

Supervised Lenders: Consumer loans with finance charges that exceed 12.25% per year, secured by mortgage on real estate.

Mortgage Servicing and Loan Modifications: ARIZONA

Ariz. Rev. Stat. Ann. § 6-946 (Mortgage Bankers); Ariz. Rev. Stat. Ann. § 33-747

Scope: Mortgage bankers, defined as persons who for compensation, directly or indirectly make or negotiate, or offer to make or negotiate, mortgage loans or mortgage banking loans. § 6-941.

Mortgage Servicing and Loan Modifications: CALIFORNIA

Cal. Civ. Code §§ 2937, 2954 through 2954.8 (West)

Scope: Transfer requirements apply to transferor of servicing of mortgage or deed of trust secured by real property located in state containing one to four residential units. § 2937. Escrow requirements apply to lenders or purchasers (and their agents) of obligations secured by real property containing a single-family, owner-occupied dwelling. § 2954. Provisions of § 2954.2 apply to mortgagees of real property containing a one to four family residence.

Mortgage Servicing and Loan Modifications: DELAWARE

Del. Code Ann. tit. 5, §§ 2302(8), 2303, 2313(c)

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: DISTRICT OF COLUMBIA

D.C. Code § 26-1115

Scope: Mortgage lenders, defined as persons who make loans, primarily for personal, family, or household use, secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, or who service mortgage loans for others by receiving payments from borrowers for distribution. § 26-1101.

Mortgage Servicing and Loan Modifications: MARYLAND

Md. Code Ann., Com. Law §§ 12-109 through 12-109.2, 12-1026 (West) (Escrow); Md. Code Ann., Com. Law § 13-316 (West) (Mortgage Servicing)

Scope: Mortgage, deed of trust, or lien secured by one to four family residential real estate located in state.

Exclusions: Escrow provisions in § 12-109 and § 12-1026 do not apply if loan purchased by out-of-state lender through Freddie Mac, Fannie Mae, or Ginnie Mae.

Mortgage Servicing and Loan Modifications: MICHIGAN

Mich. Comp. Laws §§ 445.1651 through 445.1684 (Mortgage Lenders, Brokers and Servicers Licensing Act); Mich. Comp. Laws § 565.161 (Escrow Statements) to 565.164 (Escrow Adjustments)

Scope:

Mortgage Lenders, Brokers and Servicers Licensing Act: Persons who make or offer to make, or service or offer to service, a loan secured by a first mortgage on real property located in state used, or improved to be used, as dwelling for four or fewer families. § 445.1651a.

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.