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Massachusetts law about mortgage loans, brokers and lenders

A compilation of laws, regulations, cases and web sources on mortgages compiled by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

MGL c.184, s.17B Mortgage loan application; required statements and information
MGL c.184, s.17B-1/2 Variable or adjustable rate subprime loans for first-time home loan borrowers
MGL c.255E  Licensing of Certain Mortgage Lenders and Brokers.
MGL c.266, s.33  Larceny; false pretenses relating to contracts, banking transactions or credit
MGL c.266, s.34  Larceny; inducement to part with property
MGL c.266, s.35A  False material statements or omissions during or in connection to mortgage lending process
MGL c.277, s.62C  Jurisdiction over violations of Sec. 35A of chapter 266

Massachusetts regulations

209 CMR 41 Licensing of Mortgage Loan Originators

209 CMR 42 Licensing of Mortgage Lenders and Mortgage Brokers

209 CMR 54 Mortgage Lender Community Investment.

940 CMR 8 Mortgage Brokers and Mortgage Lenders
Defines prohibited unfair and deceptive advertising practices and "expand[s] the scope of previous home improvement loan regulations to apply to all mortgage loans."

Selected case law

Wells Fargo Bank v. Comeau, 92 Mass. App. Ct. 462 (2017)
Provides extensive discussion of the doctrine of equitable subrogation. 

Web sources

Loans and mortgages, Mass. Division of Banks.
Learn more about lending products and services that may be available to you in Massachusetts.

Making Home Affordable , US Treasury Department & US Housing and Urban Development Department 
Explains eligibility for federal programs for refinancing and modification of mortgages, including a self-assessment tool.

Nationwide Mortgage Licensing System, Conference of State Bank Supervisors
"The Nationwide Mortgage Licensing System (NMLS) is a web-based system that will allow state licensed mortgage lenders, mortgage brokers, and loan officers to apply for, amend, update or renew a license online for all participating state agencies using a single set of uniform applications."

Print sources

The Fallout from the Subprime Lending Crisis , Suffolk University Law School Center for Advanced Legal Studies, 2008

Lender Liability Law and Litigation , Matthew Bender, loose-leaf

Mass. Practice v. 36A , sec.28:41 Required disclosures for all mortgage loans; sec. 28:42 Counseling of certain subprime borrowers

Mortgage Lending , NCLC, with supplement.

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: July 12, 2018

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