Grocery/Market Mgr-Cafe/Restaurant Mgr Production and Manufacturing Pioneer Landscaping Crushing Crew Trades/Construction Pioneer Landscaping Yard Person/Loader Operator Driver/Transportation RENZENBERGER ROAD AND YARD VAN DRIVERS Mechanical Pioneer Landscaping Diesel Fleet Mechanic Trades/Construction arizona portland cement maintenance electrician Trades/Construction Wentz and Patrick Construction Carpenters & Helpers BusinessPopular Arizona bill to regulate mortgage 'originators' is stalledThe Associated Press
Tucson, Arizona | Published: 05.13.2008
PHOENIX — Legislation to require that people who help arrange mortgages for home buyers get a state license has hit a roadblock near the finish line at the Legislature.
Billed as a consumer-protection measure and similar to laws on the books in about 30 other states, the legislation enjoys support in the real estate financial industry as well as Gov. Janet Napolitano's administration.
However, one senator's opposition has prompted Senate Republican leaders to sidetrack the bill (SB 1028) since it was approved overwhelmingly by the House on a bipartisan vote.
The stalled licensing bill is opposed by Sen. Pamela Gorman, an Anthem Republican who heads the Financial Institutions, Insurance and Retirement Committee. She previously declined to hear two similar bills, essentially killing them.
Gorman said she favors having the state establish a voluntary registration system that would help consumers decide which mortgage businesses to patronize.
"A slip of paper called a license doesn't stop somebody from committing a crime, which is what fraud is," Gorman said. "I do recognize this is a serious problem, and I would like to see them (industry groups) work together to fix the problem."
But the bill's sponsor, Sen. Jay Tibshraeny, R-Chandler, said: "Making people accountable and requiring education and more ethical treatment of consumers is something whose time has come.
"I think we're beyond a voluntary registry," Tibshraeny said. "It might sound good, but it doesn't give the consumers the protection they need from unscrupulous dealers because your unscrupulous dealers are not going to register."
The issue is on the Legislature's plate at a time when the mortgage industry has come under increased scrutiny because of foreclosures and the subprime-loan crisis.
The state already regulates mortgage brokers and mortgage bankers, but the bill would require licensing of an estimated 10,000 so-called "loan originators."
Under the bill, originators would have to undergo criminal background checks, pass a test, meet continuing education requirements and stay licensed while in the business.
Originators typically interview customers in connection with a loan application and act as middlemen between lenders and consumers.
"In that relationship, we have seen a lot of abuse," said Felecia Rotellini, director of the Arizona Department of Financial Institutions. She cited identity thefts, sales pitches for inappropriate loans and incompetence of some originators.
|