Mass. General Laws c.255E § 1

Definitions

Updates

• Added by St.1991, c. 144, § 3
• Amended by St.2007, c. 223, § 1
• Amended by St.2018, c. 228, §§ 49, 50, effective August 10, 2018

Section 1

As used in this chapter the following words shall, unless the context otherwise requires, have the following meanings:--

“Bona fide nonprofit affordable homeownership organization”, a Massachusetts nonprofit corporation with a primary purpose of helping qualified low-income individuals build, repair and purchase affordable housing and meets the definition of “bona fide nonprofit organization” set forth in 12 CFR Part 1008.103(e)(7)(ii).

“Commissioner”, the commissioner of banks.

“Instrumentality created by the United States or any state”, a federal, state, municipal government, quasi-governmental entity or a nonprofit agency or corporation incorporated under the laws of the commonwealth that has a tax exempt status granted under the provisions of section 501(c)(3) of the federal Internal Revenue Code, which exclusively makes or issues commitments for mortgage loans on residential property to be financed with public funds, or negotiates, places, assists in the placement of, finds, or offers to negotiate, place, assist in the placement of or find mortgage loans on residential property to be financed with public funds only under a contract with a federal, state, or municipal government, any instrumentality thereof or any quasi-governmental entity as determined by the commissioner. The making of a mortgage loan shall include being named as the lender or mortgagee on the note, mortgage or other loan documents.

“Mortgage broker”, any person who for compensation or gain, or in the expectation of compensation or gain, directly or indirectly negotiates, places, assists in placement, finds or offers to negotiate, place, assist in placement or find mortgage loans on residential property for others.

“Mortgage lender”, any person engaged in the business of making mortgage loans, or issuing commitments for mortgage loans.

“Mortgage loan”, a loan to a natural person made primarily for personal, family or household purposes secured wholly or partially by a mortgage on residential property.

“Multi-state licensing system”, a system involving 1 or more states, the District of Columbia, or the Commonwealth of Puerto Rico for the sharing of regulatory information and the licensing and application processes, by electronic or other means, for mortgage lenders and mortgage brokers.

“Residential property”, real property located in the commonwealth having thereon a dwelling house with accommodations for four or less separate households and occupied, or to be occupied, in whole or in part by the obligor on the mortgage debt.

Last updated:	April 30, 2019