Section 589. Declaration of policy  


Latest version.
  • The origination, funding and servicing
      of residential mortgage loans and the  types  of  entities  involved  in
      residential mortgage lending has undergone significant changes in recent
      years,  due in part to developments in the general economy, specifically
      interest rate volatility, the sophistication of the  national  secondary
      market for mortgage loans and the market for mortgage-backed securities.
      The  recent trend toward deregulation in the financial services industry
      has  accelerated  the  evolution  of   residential   mortgage   lending,
      dramatically  increasing  the  types  of  mortgage loans offered and the
      manner  in  which  they  are  advertised  and  marketed  to   consumers.
      Depository  institutions,  traditionally the major source of residential
      mortgage  financing  for  individuals,  now  compete  for  capital   and
      customers   with   mortgage   bankers   and   other   financial  service
      organizations.  Residential  mortgage  lenders  of   every   type   have
      increasingly  relied  on  non-financial intermediaries, such as mortgage
      brokers, to make loans available to consumers. These  developments  have
      raised  questions  as  to  whether all entities engaging in this banking
      function operate under appropriate regulatory scrutiny and as to whether
      all residential mortgage lenders are conducting their  business  in  the
      best interests of New York homeowners and potential homeowners.
        The  activities  of  lenders  and  their agents offering financing for
      residential real property have a direct and immediate  impact  upon  the
      housing  industry,  the neighborhoods and communities of this state, its
      homeowners and potential homeowners. The legislature finds  that  it  is
      essential  for  the  protection  of  the  citizens of this state and the
      stability of the state's economy that reasonable standards governing the
      business practices of mortgage lenders and their agents be imposed.  The
      legislature  further  finds  that  the  obligations of lenders and their
      agents to consumers in connection with making,  soliciting,  processing,
      placing  or  negotiating  of  mortgage  loans are such as to warrant the
      uniform  regulation  of  the  residential  mortgage   lending   process,
      including   the  application,  solicitation,  making  and  servicing  of
      mortgage loans.   Consistent with the  purposes  of  promoting  mortgage
      lending  for  the  benefit  of  our citizens by responsible providers of
      mortgage loans and services and avoiding requirements inconsistent  with
      legitimate  and  responsible  business practices in the mortgage lending
      industry, the purpose of this article is to protect New  York  consumers
      seeking  a  residential  mortgage  loan  and to ensure that the mortgage
      lending industry is operating fairly,  honestly  and  efficiently,  free
      from deceptive and anti-competitive practices.