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Minnesota Commerce Department extends filing deadlines for consumer credit licensees
On March 30, the Minnesota Commerce Department issued Regulatory Guidance 20-09 to consumer credit licensees. The guidance extends the deadlines to file annual reports originally due March 1 or March 15, 2020 to April 30, 2020, for the following consumer credit-related licensees: regulated lenders, motor vehicle sales finance companies, industrial loan and thrift companies, consumer small lenders, insurance premium finance companies, debt settlement services providers, and debt management services providers.
Montana regulator permits non-depository licenses to work from home
The Montana Division of Banking and Financial Institutions announced that it is temporarily permitting non-depository licensees and their employees to work from home, whether the home is in Montana or another state. The permission also applies even if the home is not a licensed branch. Non-depository licensees include, among others, licensed mortgage loan originators, loan processors, and underwriters.
New Mexico regulator closes office, conducts remote examinations
On March 30, the Securities Division of the New Mexico Regulation and Licensing Department announced that its offices are closed and it will be conducting examinations remotely. The Division also announced that licensing staff continue to process applications and that its enforcement staff will be vigilant to detect and prevent securities fraud and illegal securities sales.
New Jersey regulator suspends real estate license application deadlines
On March 30, the New Jersey Department of Banking and Insurance issued a bulletin notifying individuals pursuing real estate licensure in New Jersey that it will suspend certain deadlines for applications. While licensure tests and applications ordinarily must be completed within one year of passing pre-licensing course work, the Department will consider candidates who do not meet the one year deadline due to Covid-19-related delays.
NMLS updates temporary policy for reporting deadlines
On March 30, the NMLS Policy Committee amended its temporary policy for submitting reports in NMLS. Instead of the original 60-day deadline extension, the committee encourages regulators to be lenient and not take administrative action if reports are filed within 30 days of the placement of the license item (based on the standard due date). This appears to provide greater flexibility to agencies utilizing NMLS to deviate from the initial extended deadline.
Click here to read the full update.
New York governor issues executive order to continue temporary suspension and modification of laws relating to Covid-19
On March 27, the New York governor issued Executive Order 202.11 continuing the temporary suspension and modification of certain laws, including the expiration date of certain licensing laws, through April 26.
Maryland banking regulator outlines expectation for working with borrowers
On March 27, Maryland’s Commissioner of Financial Regulation issued an industry advisory with guidance regarding consumer credit for borrowers impacted by Covid-19. The guidance warns licensees against using the health crisis as an opportunity to increase fees or interest rates and instructs them to keep applicants and clients informed of disruptions or delays in credit decisions or changes to times and methods of communication. The advisory also “strongly urges” licensees to takes steps to mitigate the health crisis by, among other things: waiving late fees and online and telephone payment fees; foregoing credit reporting or reporting payment information in a manner that minimizes negative impact on credit histories; offering modification, forbearance or other options to allow borrowers to reduce or defer payments; ensuring that borrowers are able to timely make inquiries and manage their accounts; reaching out to borrowers proactively to provide information on available assistance; and ensuring that all borrower-facing staff are fully informed regarding available assistance and proactive in informing borrowers. Licensees are reminded to comply with applicable Maryland law, including all fair lending requirements, and to retain appropriate documentation to support decisions regarding mitigation offers.
NYDFS encourages insurance licensees to use E-Signatures
The NYDFS issued guidance encouraging regulated insurance persons to use and accept electronic signatures and records to facilitate insurance transactions in instances that cause no consumer harm. The NYDFS reminded licensees that both New York’s Electronic Signatures and Records Act and the federal Electronic Signatures in Global and National Commerce Act permit the use of electronic signatures and records if the consumer consents. The NYDFS also stated it does not require consumer consent be obtained in any particular way.
Texas Office of Consumer Credit Commissioner issues bulletins regarding Covid-19 to regulated lenders, credit access businesses, tax lenders, and motor vehicle sales finance licensees
On March 26, the Texas Office of Consumer Credit Commissioner (OCCC) issued four bulletins directed at regulated lenders, credit access businesses, property tax lenders, and motor vehicle sales finance licensees in light of Covid-19. The bulletins urge these entities to work with borrowers during the crisis, including through taking the following measures:
- Increasing communication with borrowers regarding Covid-19.
- Working out modifications with borrowers to help ensure successful repayment, including deferred or partial payments, which would avoid delinquencies and negative credit reporting.
- Waiving certain fees or charges (e.g., late charges, additional finance charges, deferment charges, nonsufficient fund fees) during the disaster declaration.
- Suspending charging off accounts.
- Suspending repossession of vehicles, repossessions of collateral, foreclosure of real property, as applicable
The bulletins also provide guidance on the use of electronic signatures, which the bulletins note are generally allowed under Texas and federal law. The bulletins also provide that the OCCC will not take enforcement actions against regulated lenders, credit access businesses, property tax lenders, or motor vehicle sales finance licensees that conduct business activities from unlicensed locations, if conducted in accordance with certain data security, safe record keeping, and protection of personal information requirements set forth in the bulletins.
Idaho Department of Finance issues memorandum to money transmitter licensees and applicants
On March 26, the Idaho Department of Finance issued a memorandum to Idaho money transmitter licensees and applicants regarding agency operations and communications due to Covid-19. The memorandum includes information on the Department’s teleworking arrangements and notes that routine examinations of registered entities and agents have been suspended. Registration staff continues to process licensing/registration applications through the CRD/IARD/NMLS systems and U.S. mail. In line with the NMLS Policy committee’s decisions and recommendations, the Department has also extended deadlines by 60 days for the filing of certain reports and statements.