On September 23, the Massachusetts Division of Banks finalized amendments to the Small Loans Law, the Truth in Lending Act, and the Mortgage Lender and Broker Licensing Law. The changes update licensing procedures, disclosure rules, and financial-responsibility standards for financial institutions operating in Massachusetts.
The amendments introduce new requirements affecting application reviews, notice obligations, and net-worth calculations. They also create exemptions in certain licensing areas and impose updated disclosure obligations for mortgage lenders and brokers.
The new framework includes several key provisions, including:
- Financial-responsibility review expanded. Under the Small Loans Law, the Commissioner is now allowed to review profitability, historical net losses, and other prudential indicators when assessing an applicant's financial responsibility, instead of relying solely on sworn statements.
- Streamlined licensing for small loans. The Small Loans Law now permits mortgage lenders already licensed under the Mortgage Lender and Broker Licensing Law to obtain a small-loan license through a streamlined letter application process for loans of $6,000 or less.
- ARM adjustment notice window revised. The Truth in Lending Act has been amended so that depository institutions must provide variable-rate adjustment notices at least 60, but no earlier than 120 days, before the first adjusted payment is due.
- Broker exemption clarified. The Mortgage Lender and Broker Licensing Law exempts entities that only transmit limited borrower data, but has been revised to require licensure if compensation is contingent on whether the borrower ultimately obtains a mortgage loan.
- Consumer disclosure obligations updated. The Mortgage Lender and Broker Licensing Law now requires licensees to disclose their NMLS unique identifier in writing at the time of application or fee collection, while advertising must disclose only license type and number.
Putting It Into Practice: Massachusetts has remained highly active in advancing consumer financial regulation and enforcement (previously discussed here, here, and here). Banks, mortgage companies, and other financial institutions operating in Massachusetts should review the revisions carefully, update compliance protocols, and anticipate further state-level changes as the regulatory landscape continues to evolve.
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