Section 590-A. Junior mortgage loans  


Latest version.
  • 1. A licensee may make a loan to a
      natural person upon the security  of  a  mortgage  on  residential  real
      property which is not a first lien at the rate or rates agreed to by the
      licensee  and  the  borrower, subject to such regulations as the banking
      board may prescribe. Such regulations by the banking board  may  include
      such  restrictions  as  the banking board finds necessary or proper. For
      purposes of this section, the term mortgage shall include a lien  on  an
      existing  ownership  interest in certificates of stock or other evidence
      of an ownership interest in, and a proprietary lease from, a corporation
      or partnership formed for the purpose of the  cooperative  ownership  of
      residential real estate.
        2.  A  contract,  note  or  instrument evidencing or securing a junior
      mortgage loan shall not contain  any  acceleration  clause  which  would
      provide  that  the  junior mortgage loan may be declared due and payable
      upon the condition that the licensee deems itself insecure with  respect
      to  the  unpaid  balance of such junior mortgage loan; shall not contain
      clauses which authorize confession of judgment; shall allow the borrower
      to prepay the loan in whole  or  in  part  without  penalty,  and  shall
      contain the following notice in bold face type, at least ten point size:
          "DEFAULT  IN  THE  PAYMENT  OF THIS LOAN AGREEMENT MAY RESULT IN THE
      LOSS OF THE PROPERTY SECURING THE LOAN. UNDER FEDERAL LAW, YOU MAY  HAVE
      THE RIGHT TO CANCEL THIS AGREEMENT. IF YOU HAVE THIS RIGHT, THE CREDITOR
      IS REQUIRED TO PROVIDE YOU WITH A SEPARATE WRITTEN NOTICE SPECIFYING THE
      CIRCUMSTANCES AND TIMES UNDER WHICH YOU CAN EXERCISE THIS RIGHT."
        3.  Where  the  contract,  note or instrument evidencing or securing a
      junior mortgage loan provides for a variable rate of interest, said rate
      shall be based on a published index that is (a) readily  available,  (b)
      independently  verifiable,  (c)  beyond the control of the licensee, and
      (d) approved by the superintendent. The  interest  rate  of  the  junior
      mortgage  loan  shall  be  reduced  in proportion to any decrease in the
      index rate. Increases in the interest rate may be made at the option  of
      the licensee.
        4.  The  banking  board  shall  adopt  regulations,  including but not
      limited to: (a) providing for disclosure to the borrower by the licensee
      of the circumstances under which the rate may increase, any  limitations
      on the increase, the effect of an increase and an example of the payment
      terms  that  would result from an increase, (b) providing for disclosure
      to the borrower by the licensee of a history of the fluctuations of  the
      index  over a reasonable period of time, and (c) providing for notice to
      the borrower from the licensee of any rate increase  or  change  in  the
      terms of payment.
        5.  A line of credit secured by a junior mortgage shall be established
      in an amount of no less than twenty-five hundred dollars; and  shall  be
      repayable in monthly installments.