Title XXXV, Banks and Banking; Loan Associations; Credit Unions

I. The banking department may examine the business affairs of any licensee or any other person, whether licensed or not, as it deems necessary to determine compliance with this chapter and the rules adopted pursuant to it and with the Consumer Credit Protection Act, (15 U.S.C. 16…

I. In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing and except as otherwise provided in the S.A.F.E. Mortgage Licensing Act of 2008, Public Law 110-289, Title V, section 1512, the requirements under any federal law…

I. Each mortgage banker, mortgage broker, or mortgage servicer shall submit to the Nationwide Multistate Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Multistate Licensing System and Registry m…

I. Any first mortgage loan, other than a reverse mortgage, made under the provisions of this chapter shall provide for the computation of interest on a simple interest basis. II. Interest may be computed either on a 360-day basis with each month containing 30 days, or on a 365-da…

I. No licensee or other person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or cond…

A mortgage banker, mortgage broker, or mortgage servicer licensee shall comply with the provisions of RSA 477:52 relative to requirements for the funding of loans at real estate closings. At a minimum, a closing requires the delivery of a deed if the transaction is a conveyance, …

I. A borrower may pre-pay a first mortgage loan, in whole or in part, at any time. Partial prepayments of principal shall be applied on the due date of the next regularly scheduled payment. Prepayments in full ("payoff") shall be credited on the date received, except as provided …

I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 1…

I. Mortgage bankers, mortgage brokers, or mortgage servicers may charge fees and points for services rendered in conjunction with the origination, closing, and servicing of loans. If any fee is collected in advance of the closing of the loan, the mortgage banker or mortgage broke…

I. The allowable rate of interest computed on the unpaid balance that any person may directly or indirectly charge, take, or receive for a second mortgage loan secured by property which is occupied in whole or in part at the time said loan is made as a home by any obligor on the …

I. The banking department may issue and serve upon any licensee or person over whom it has jurisdiction a complaint setting forth charges whenever the department is of the opinion that the licensee or person is violating or has violated any provision of this chapter or any rule o…

I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked or suspended, or penalties imposed, or both, for violations of this chapter. II. …

I. The commissioner may issue a cease and desist order against any licensee or person who it has reasonable cause to believe is in violation of the provisions of this chapter or any rule or order under this chapter. The order shall give notice of the facts or conduct constituting…

I. This chapter shall provide for the department's regulation of persons that engage in the business of a mortgage banker, mortgage broker, mortgage servicer, or mortgage originator for a mortgage loan from the state of New Hampshire or a mortgage loan secured by real property lo…

I. Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. I-a. Any person who willfully violates any provisions of RSA 397-A:17, III or IV or a cease and desist orde…

The provisions of RSA 395 shall apply to all entities licensed under this chapter insofar as such provisions are applicable.

I. The commissioner shall administer and enforce the provisions of this chapter. II. Pursuant to RSA 541-A, the commissioner may adopt such rules as he or she deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected and to this end the provisions of this chapter are severab…

I. Prior to engaging in the business of a mortgage broker, mortgage banker, mortgage originator, or mortgage servicer, a person shall obtain and maintain a license under this chapter. Each mortgage banker, broker, originator or servicer shall register with and obtain and maintain…

I. No individual may act as an originator for more than one mortgage broker, mortgage servicer, mortgage banker, or other financial institution at the same time, unless the entities are affiliates. II. No individual may act as a principal for more than one mortgage broker, mortga…

The provisions of this chapter shall not apply to: I. Depository institutions or an institution regulated by the Farm Credit Administration. II. Registered mortgage loan originators, when acting for an entity described in paragraph I or for a subsidiary that is owned and controll…

I. To be considered for mortgage banker, mortgage broker, or mortgage servicer licensing, each person shall complete and file an application with the department, through the Nationwide Multistate Licensing System and Registry using the Nationwide Multistate Licensing System and R…

I. If the commissioner determines that the applicant meets the requirements of this chapter, then the commissioner shall forthwith issue a license or licenses permitting the applicant to act as a mortgage originator, mortgage banker, mortgage broker, or mortgage servicer in accor…

I. If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall, in writing, immediately notify the applicant of that determination. II. Applicants may appeal a license denial in accordance with RSA 541-A and rules of th…

I. Each mortgage banker, mortgage broker, or mortgage servicer license shall remain in force until it has been surrendered, revoked, or suspended, or terminates or expires in accordance with the provisions of this chapter. Each license shall expire on December 31 of each calendar…

I. Any licensee that receives funds from a mortgagor to be held in escrow for payment of taxes and insurance premiums shall pay the taxes and insurance premiums of the mortgagor to the appropriate taxing authority and insurance company in the amount required and at the time such …