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Indiana governor calls for moratorium on residential foreclosures and evictions
On March 19, Indiana Governor Eric Holcomb issued an executive order calling for a moratorium on evictions and foreclosures of residential real estate. While the action does not absolve individuals of their obligations to pay their rent or mortgage, it does halt foreclosure and eviction proceedings until the state of emergency is lifted. The order also suspends any other statutes or rules connected to foreclosure and eviction proceedings.
Texas DMV issues waivers for titles
On March 16, the Texas Department of Motor Vehicles (DMV) issued a waiver of the time in which individuals must apply for title, and a waiver of the associated delinquent transfer penalty. The waiver is effective immediately and applies to any title application submitted between March 16 and 60 days after the DMV notifies the public that normal titling services have resumed.
Prometric closes testing centers
On March 17, Prometric announced that, effective March 18, Prometric Test Centers in the U.S. and Canada will be closed for 30 days. This directly impacts state MLO license applicants as the SAFE MLO test, which individuals must pass to obtain an MLO license, is administered by Prometric.
Two New Jersey counties suspend foreclosure sales and evictions
On March 16, the Sherriff’s Office of Passaic County in New Jersey issued an action suspending foreclosure sales and evictions enforcement during the Covid-19 state of emergency. On the same day, the Sherriff’s Office of Essex County Jersey issued a similar action suspending foreclosure sales and eviction enforcement actions indefinitely.
Idaho amends requirements for mortgage lenders
On March 11, the Idaho governor signed HB 401, which, among other things, amends the definition of “mortgage lending activities” to include residential mortgage servicing and grants temporary authority to unlicensed individuals to originate loans if they are employed by a licensed broker or lender and meet additional criteria. HB 401 also eliminates certain prohibited practices. The amendments take effect July 1.
Vermont enacts data privacy and consumer protections
On March 5, the Vermont governor signed SB 110 to expand data privacy and consumer protection measures in the state. Among other things, SB 110 (i) expands the definition of personally identifiable information (PII) subject to the Security Breach Notice Act to also include taxpayer identification numbers, passport numbers, military identification card numbers, other government-originated identification numbers “commonly used to verify identity for a commercial transaction,” unique biometric data, and health records; (ii) provides that if a data breach is limited to the unauthorized acquisition of login credentials, data collectors are only required to provide notice to the state attorney general or the Department of Financial Regulation “if the login credentials were acquired directly from the data collector or its agent”; (iii) establishes requirements to ensure consumers are provided notice of a data breach; (iv) adopts online privacy protections for students, including prohibitions on the use of targeted advertising and the sale or rent of student information, as well as responsibilities for operators of online services or mobile applications; and (v) requires that consumer contracts clearly disclose any automatic renewal provisions and allow consumers to easily terminate contracts. SB 110 takes effect July 1.
New Mexico issues work from home guidance
On March 17, the New Mexico Regulation and Licensing Department issued temporary regulatory guidance regarding working from home due to Covid-19 concerns. The guidance permits New Mexico mortgage licensees and their staff to work from their home residence, which may not be licensed as a branch, provided certain requirements are met.
New York announces postponement of collection efforts for certain debts
On March 17, the governor and the attorney general of New York announced that, effective immediately, New York will temporarily postpone collection efforts on certain debts. Consumers with student loan debt and medical debt owed to the state will be receive at least a 30-day hiatus on payments—including a freeze on the accrual of interest on the debts—in order to allow them to deal with the effects of Covid-19. Debts must fit certain criteria in order to qualify for the debt payment freeze. Among other things, the criteria include (i) “[p]atients that owe medical debt due to the five state hospitals and the five state veterans' home[s]”; (ii) “[s]tudents that owe student debt due to State University of New York campuses”; and (iii) “[i]ndividual debtors, sole-proprietors, small business owners, and certain homeowners that owe debt relating to oil spill cleanup and removal costs, property damage, and breach of contract, as well as other fees owed to state agencies.” New Yorkers who have other types of debt that are owed to the state and who are referred to the Office of the Attorney General may apply for a temporary freeze on collection by submitting an application which can be found here.
Pennsylvania issues work from home guidance
The Pennsylvania Department of Banking and Securities states on its website that it will not take exception to licensees and registrants working from alternate site locations, whether licensed or not, only while the Commonwealth of Pennsylvania is under a Proclamation of Disaster Emergency.
Texas Department of Savings and Mortgage Lending issues business continuity, work from home guidance
On March 13, the Texas Department of Savings and Mortgage Lending issued a statement to state savings bank presidents and chief executive officers, reminding them to review their business continuity plans, particularly as they relate to pandemics.
On March 13 and 17, the Texas Office of Consumer Credit Commission issued advisory bulletins to regulated lenders, credit access businesses, property tax lenders, and motor vehicle sales finance licensees regarding responses they can take to Covid-19, including allowing licensees to conduct business activities from unlicensed locations provided certain requirements are met (e.g., the licensee prepares a written plan or document describing next steps and locations where credit access business activity will take place).
On March 16, the Texas Department of Banking issued Industry Notice 2020-03 providing guidance to regulated institutions regarding customer support, pandemic preparedness including tips on emergency closures, and future examinations.