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Selected Opinions of the Division of Banks related to mortgage lenders and mortgage brokers

Through these opinions the Division of Banks (DOB) offers perspective on current issues and questions in the financial services industry.

Table of Contents

2018

  • Selected Opinion 18-004
    • Can mortgage brokers and settlement agents prepare and provide certain disclosures required under MGL c. 140D and TRID – August 6, 2018

2017

2014

  • Selected Opinion 14-015
    • Licensees providing "pre qualification" and "pre-approval" letters to consumers - September 30, 2014

2010

  • Selected Opinion 09-149
    • Opinion on the use of electronic disclosures and signatures in mortgage transactions - June 10, 2010
  • Selected Opinion 09-028
    • Opinion on whether G.L. c. 183, s. 63A precludes a loan modification under the HAMP program - January 13, 2010

2009

  • Selected Opinion 09-009
    • Providing credit under the Community Reinvestment Act (CRA) for lenders who participate in the Neighborhood Stabilization Program (NSP) - April 27, 2009

2008

2004

  • Selected Opinion 04-028
    • Mortgage lending program designed to comply with Islamic law and whether third party servicer registration is required for a mortgage lender that outsources servicing obligations to a subservicer - July 8, 2004

2003

  • Selected Opinion 03-087
    • Whether a fee should be permitted upon the conversion of an adjustable rate mortgage loan to a fixed rate loan - August 27, 2003
  • Selected Opinion 03-041
    • Prepayment penalty in the event of refinancing with another financial institution - June 12, 2003
  • Selected Opinion 03-036
    • Whether mortgage servicers are required to be licenses - April 14, 2003
  • Selected Opinion 03-013
    • Whether a company which provides certain loan processing functions is required to be a licenses as a mortgage broker - April 14, 2003

2002

  • Selected Opinion 02-023
    • Mortgage broker licensing exemption for a company providing support service for a licenses mortgage lender - March 6, 2002
  • Selected Opinion 02-006
    • Does a person referring customers to lender though an internet website need a license - July 8, 2002
  • Selected Opinion 02-004
    • Does a mobile home broker require licenses to operate - January 15, 2002
  • Selected Opinion 01-153
    • Licensing exemptions for a loan processing center of a licenses mortgage lender - March 15, 2002
  • Selected Opinion 01-152
    • Licensing requirement for a foreign bank to perform mortgage servicing activities and origination services - March 15, 2002

2001

  • Selected Opinion 01-131
    • Exemption for collection agency license for a transactions involving electric rate reduction bonds - March 3, 2001
  • Selected Opinion 01-118
    • Does conducting specified non-consumer contact activities at home by a licensee's employee require a branch office approval for that home - September 26, 2001
  • Selected Opinion 01-075
    • Are insurance agents of insurance company affiliated with a bank exempt from licensing - July 19, 2001
  • Selected Opinion 01-073
    • Prepayment penalty for partial prepayment of mortgage loan - June 21, 2001
  • Selected Opinion 01-040
    • Providing bi-weekly mortgage payment service - December 11, 2001
  • Selected Opinion 01-029
    • Does a premium paid for loan sold have to be disclosed - August 2, 2001
  • Selected Opinion 01-005
    • Mortgage broker license requirements for foreign bank subsidiary - May 15, 2001

2000

1999

Selected Opinions Regarding Mortgages: Lenders and Brokers: 98-271 through 97-075

Past opinions of the DOB

You can get copies of past opinions by submitting a Public Records Request to the Division of Banks' Record Access Officer.

The DOB's Regulations, found in the Code of Massachusetts Regulations (CMR - agency code number 209), are available through the State House Bookstore.

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