Title 61, Title 61: Securities Division - Real Estate Division

61-2d-105. Financing points and fees -- Restrictions. (1) A lender may not, in connection with the formation or consummation of a high-cost mortgage, finance, directly or indirectly, any portion of the points, fees, or other charges payable to the lender or any third party in an …

61-2d-106. Arbitration clauses. To be valid, an arbitration clause in a high-cost mortgage contract must comply with the standards set forth inor the Federal Arbitration Act, or any successor acts.

61-2d-107. Prohibition on single premium credit life insurance. A borrower credit transaction involving a high-cost mortgage may not include: (1) the offer or sale of any insurance policy, on a single premium or single fee basis, that insures, guarantees, or indemnifies the repay…

61-2d-108. Increase in employees. Funds allocated for investigations in this chapter may only be used to employ additional employees if there is a 10% increase in caseloads.

61-2d-109. Copies. The lender shall provide, at no cost to the borrower, a complete set of all documents pertaining to the transaction, including copies of all documents to be executed or recorded and any loan documents changed at the closing: (1) at the time of the closing if do…

61-2d-110. Encouraging default prohibited. (1) A lender may not recommend or encourage default or nonpayment leading to foreclosure on an existing loan or other debt prior to and in connection with the closing or planned closing of a high-cost mortgage that refinances all or any …

61-2d-111. Mortgage forms. All lines, figures, forms, and blanks that regulate, govern, control, and authorize a mortgage must be filled in before the documents are signed.

61-2d-112. Notice of information available to borrowers. (1) In addition to any other notice or disclosure a lender or title company may provide to a borrower seeking, obtaining, or inquiring about a high-cost mortgage, the lender shall provide the borrower any brochure or other …

61-2d-113. Effect of failure to comply. Failure to provide the notices or information described in Subsectionand Sectionsanddoes not affect the enforceability of the loan or any of its terms.