§ 36a-719h — Prohibited acts. Duty to establish, enforce and maintain policies and procedures for compliance.

Connecticut § 36a-719h

• Jurisdiction: Connecticut
• Title 36a: The Banking Law of Connecticut
• Ch. 669: Regulated Activities

Text

(a) No mortgage servicer shall, directly or indirectly: (1) Employ any scheme, device or artifice to defraud or mislead mortgagors or mortgagees or to defraud any person; (2) Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of the residential mortgage loan, including, but not limited to, misrepresenting the amount, nature or terms of any fee or payment due or claimed to be due on a residential mortgage loan, the terms and conditions of the servicing agreement or the mortgagor's obligations under the residential mortgage loan; (3) Obtain property by fraud or misrepresentation; (4) Recklessly apply residential mortgage loan payments or knowingly misapply residential mortgage loan payments to the outstanding balance of a residential mortgage loan; (5) Recklessly apply payments or knowingly misapply payments to escrow accounts; (6) Place hazard, homeowners or flood insurance on the mortgaged property when the mortgage servicer knew or should have known that the mortgagor has an effective policy for such insurance; (7) Fail to comply with section 49-10a ; (8) Knowingly or recklessly provide inaccurate information to a credit bureau that results in harm to a mortgagor's creditworthiness; (9) Fail to report both the favorable and unfavorable payment history of the mortgagor to a nationally recognized consumer credit bureau at least annually if the mortgage servicer regularly reports information to a credit bureau; (10) Collect private mortgage insurance beyond the date for which private mortgage insurance is required; (11) Fail to issue a release of mortgage in accordance with section 49-8 ; (12) Fail to provide written notice to a mortgagor upon taking action to place hazard, homeowners or flood insurance on the mortgaged property, including a clear and conspicuous statement of the procedures by which the mortgagor may demonstrate that he or she has the required insurance coverage and by which the mortgage servicer shall terminate the insurance coverage placed by it and refund or cancel any insurance premiums and related fees paid by or charged to the mortgagor; (13) Place hazard, homeowners or flood insurance on a mortgaged property, or require a mortgagor to obtain or maintain such insurance, in excess of the replacement cost of the improvements on the mortgaged property as established by the property insurer; (14) Fail to provide to the mortgagor a refund of unearned premiums paid by a mortgagor or charged to the mortgagor for hazard, homeowners or flood insurance placed by a mortgagee or the mortgage servicer if the mortgagor provides reasonable proof that the mortgagor has obtained coverage such that the forced placement insurance is no longer necessary and the property is insured. If the mortgagor provides reasonable proof that no lapse in coverage occurred such that the forced placement was not necessary, the mortgage servicer shall promptly refund the entire premium; (15) Require any amount of funds to be remitted by means more costly to the mortgagor than a bank or certified check or attorney's check from an attorney's account to be paid by the mortgagor; (16) Refuse to communicate with an authorized representative of the mortgagor who provides a written authorization signed by the mortgagor, provided the mortgage servicer may adopt procedures reasonably related to verifying that the representative is in fact authorized to act on behalf of the mortgagor; (17) Conduct any business covered by sections 36a-715 to 36a-719 l , inclusive, without holding a valid license as required under said sections, or assist or aid and abet any person in the conduct of business without a valid license as required under this title; (18) Negligently make any false statement or knowingly and wilfully make any omission of a material fact in connection with any information or reports filed with a governmental agency or the system or in connection with any investigation conducted by the commissioner or another governmental agency; or (19) Collect, charge, attempt to collect or charge or use or propose any agreement purporting to collect or charge any fee prohibited by sections 36a-485 to 36a-498e , inclusive, 36a-534a and 36a-534b . (b) No mortgage servicer shall fail to establish, enforce and maintain policies and procedures reasonably designed to achieve compliance with subsection (a) of this section, and no qualifying individual or branch manager for such mortgage servicer shall fail to enforce such policies and procedures. No violation of this subsection shall be found unless the mortgage servicer, qualifying individual or branch manager's failure to establish, enforce or maintain policies and procedures resulted in conduct in violation of sections 36a-715 to 36a-724 , inclusive, or rules or regulations adopted under said sections or any other state or federal law, including the rules and regulations thereunder, applicable to any business authorized or conducted under said sections.

Legislative History

(P.A. 14-89, S. 13; P.A. 15-118, S. 29; P.A. 16-65, S. 46; P.A. 17-233, S. 28; P.A. 18-173, S. 76.) History: P.A. 14-89 effective January 1, 2015; P.A. 15-118 made technical changes in Subdivs. (6), (12), (13) and (14); P.A. 16-65 made technical changes in Subdivs. (4), (5), (6) and (8); P.A. 17-233 designated existing provisions re acts by mortgage servicer as Subsec. (a) and amended same to add “, directly or indirectly”, delete “directly or indirectly” in Subdiv. (1), and replace “Banking Commissioner” with “commissioner” in Subdiv. (18), and added Subsec. (b) re failure to establish, enforce and maintain policies and procedures, effective July 1, 2018; P.A. 18-173 amended Subsec. (a)(19) by replacing “36a-498f” with “36a-498e”, effective July 1, 2018.