Section 6504. Required approvals; prohibitions  


Latest version.
  • (a) Every mortgage insurer
      shall file with the superintendent for his approval in  accordance  with
      article  twenty-three  of  this  chapter  its  premium  rates,  forms of
      policies, certificates,  applications  and  other  forms  pertaining  to
      mortgage  guaranty  insurance.  The  premium  rate  charged for mortgage
      guaranty insurance shall not be deemed to be interest for  the  purposes
      of section 5-501 of the general obligations law.
        (b) No mortgage insurer shall pay:
        (1)  to any person who is acting as agent, representative, attorney or
      employee of the owner, mortgagee of the prospective owner, or  mortgagee
      of  the  real  property  or  any  interest  therein,  either directly or
      indirectly, any consideration as an inducement for or as compensation on
      any mortgage guaranty insurance business; or
        (2) any compensation to any person for transacting  insurance  for  or
      with  it  based  in whole or in part upon a commission basis unless such
      person is licensed pursuant to this chapter.
        (c) In connection with the placement or renewal of  any  insurance,  a
      mortgage  insurer  shall  not  permit any compensation to be paid to, or
      received by: any insured lender; any officer, director, or  employee  of
      the  insured;  any  member  of  their immediate family; any corporation,
      partnership, trust, or trade  association  in  which  an  insured  is  a
      member;  or  other  entity  in  which  an  insured  or any such officer,
      director, or employee or any member of  their  immediate  family  has  a
      financial interest; or any designee, trustee, nominee, or other agent or
      representative of any of the foregoing.
        (d)  The  superintendent  may,  after a hearing, suspend or revoke the
      license of any mortgage insurer which, after  ten  days  written  notice
      from  the  superintendent requiring it to cease and desist, continues to
      pay any consideration in willful violation of this article.