The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

November 29, 2007.

To the Honorable Senate and House of Representatives:

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Section 2 of “An Act Protecting and Preserving Home Ownership.”

I am pleased to sign this comprehensive legislation to protect families in the Commonwealth from predatory lending and the increasing risk of losing their homes.  This legislation provides several important measures to assist homeowners facing the current foreclosure crisis.  Specifically, this bill establishes the Community Reinvestment Act for licensed mortgage lenders.   It also appropriates a total of $5 million dollars to enable the Division of Banks to award grants for the operation of a pilot program and to administer the licensing of loan originators.  And the legislation requires mortgagees to receive consumer counseling prior to obtaining subprime variable or adjustable rate mortgage loans.  These are just a few of the policy reform measures that will enable the people of the Commonwealth to protect their homes, and there are many reasons to celebrate the passage of this legislation.

However, I recommend amending Section 2 to strike that portion giving the Division of Banks access to the juvenile records of applicants for licensure as mortgage loan originators.  The Division already is certified by the Criminal History Systems Board to obtain access to the adult criminal records of its applicants for licensure, as provided in Section 2.  Allowing access to juvenile records -- which are not publicly available and, with rare exception, are not made available for employment decisions -- is unjustified in this context, and runs contrary to the well established rehabilitative goals of the juvenile justice system.  Accordingly, I am returning Section 2 for amendment.  I recommend that Section 2 be amended by striking out in the first sentence the following words:-

   and juvenile data 

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.