Connecticut General Statutes
Chapter 669 - Regulated Activities
Section 36a-760h. - Additional duties of mortgage brokers.

A mortgage broker, in addition to duties imposed by federal statutes, other provisions of the general statutes or at common law, shall: (1) Use reasonable care, skill and diligence in performing the mortgage broker's duties and shall act in good faith and fair dealing in all transactions with the borrower; (2) make reasonable good faith efforts to secure a mortgage that is in the reasonable interests of the borrower considering all the circumstances reasonably available to the mortgage broker, including, but not limited to, the rates, points, fees, charges, costs and product type; (3) ensure that the cost of credit is reasonably appropriate considering the borrower's level of creditworthiness and other bona fide underwriting concerns; and (4) notify, before the closing, each lender of the payment obligations associated with each of the other lender's loans if the mortgage broker knows that more than one mortgage will be made by different lenders contemporaneously to a borrower secured by the same real property. The duties under this section may not be waived.

(P.A. 08-176, S. 29.)
History: P.A. 08-176 effective July 1, 2008.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 36a - The Banking Law of Connecticut

Chapter 669 - Regulated Activities

Section 36a-645. (Formerly Sec. 36-243a). - Definitions.

Section 36a-646. (Formerly Sec. 36-243b). - Prohibited acts.

Section 36a-647. (Formerly Sec. 36-243c). - Enforcement powers of commissioner. Regulations.

Section 36a-648. - Abusive, harassing, fraudulent, deceptive or misleading debt collection practices. Liability. Exemptions. Limitations on actions.

Section 36a-648a. - Credit card debt collection actions against parents or legal guardians of students.

Section 36a-655. (Formerly Sec. 36-364). - Definitions.

Section 36a-656. (Formerly Sec. 36-365). - License requirements and fees. Required system filings. Authority of commissioner to conduct criminal history records checks and deny application for license. Renewal of license. Automatic suspension of lice...

Section 36a-657. (Formerly Sec. 36-369). - Suspension, revocation or refusal to renew license or taking of other action. Enforcement powers of commissioner. Removal from office and from employment or retention. Temporary order to cease business.

Section 36a-658. (Formerly Sec. 36-370). - License required. Change in control persons, name or place of business. Use of name. Automatic suspension of license. Surrender of license. Required system filing or notice to commissioner. Unique identifier...

Section 36a-659. (Formerly Sec. 36-372). - Separate bank account for benefit of debtors. Books and records.

Section 36a-660. (Formerly Sec. 36-375). - Licensee's duties. Written agreement required.

Section 36a-661. (Formerly Sec. 36-376). - Prohibited acts.

Section 36a-661a. - Written agreement voidable. Licensee claims for restitution.

Section 36a-662. (Formerly Sec. 36-377). - Regulations.

Section 36a-663. (Formerly Sec. 36-378). - Exceptions.

Section 36a-664. (Formerly Sec. 36-380). - Surety bond required. Form of surety bond. Cancellation of bond. Notice. Automatic suspension of license. Notice. Opportunity for hearing.

Section 36a-665. (Formerly Sec. 36-381). - Penalties.

Section 36a-671. - Definitions. Debt negotiation. License application, requirements and fees. Authority of commissioner to conduct criminal history records checks and deny application for license. Abandonment of application. License renewal. Automati...

Section 36a-671a. - Suspension, revocation or refusal to renew license or taking other action. Enforcement powers of commissioner. Removal from office and from employment or retention. Temporary order to cease business.

Section 36a-671b. - Debt negotiation service contract required. Fees, commissions and other valuable consideration. Noncompliant contracts voidable by consumer.

Section 36a-671c. - Exceptions.

Section 36a-671d. - Surety bond required. Form of surety bond. Cancellation of bond. Automatic suspension of license. Notice. Opportunity for hearing. Determination of penal sum. Aggregate amount of residential loans.

Section 36a-671e. - Requirements re mortgage loan originator license.

Section 36a-671f. - Prohibited practices.

Section 36a-675. (Formerly Sec. 36-416). - Short title: Connecticut Truth-in-Lending Act.

Section 36a-676. (Formerly Sec. 36-393). - Definitions.

Section 36a-677. (Formerly Sec. 36-393a). - State policy.

Section 36a-678. (Formerly Sec. 36-393b). - Compliance with Consumer Credit Protection Act. Exempt transactions.

Section 36a-679. (Formerly Sec. 36-395). - Regulations.

Section 36a-680. (Formerly Sec. 36-398). - Effect of inconsistent law.

Section 36a-681. (Formerly Sec. 36-399). - Penalty.

Section 36a-682. (Formerly Sec. 36-400). - Compliance of governmental instruments. Exemptions from penalties.

Section 36a-683. (Formerly Sec. 36-407). - Failure to comply; liability. Civil action. Right to rescind.

Section 36a-684. (Formerly Sec. 36-414). - Enforcement. Disclosure errors and adjustments.

Section 36a-685. (Formerly Sec. 36-415). - Unenforceable agreements.

Section 36a-686. - Civil penalty. Liability.

Section 36a-690. (Formerly Sec. 36-417z). - Calculation of interest or finance charge rebates. Prohibited methods. Transactions affected.

Section 36a-695. (Formerly Sec. 36-431). - Definitions.

Section 36a-696. (Formerly Sec. 36-432). - Disclosure to consumer of information re credit report.

Section 36a-697. (Formerly Sec. 36-433). - Exceptions.

Section 36a-698. (Formerly Sec. 36-434). - Regulations.

Section 36a-699. (Formerly Sec. 36-435). - Penalty.

Section 36a-699a. - Written summary of consumer's rights.

Section 36a-699b. - Dispute by consumer re completeness or accuracy of information.

Section 36a-699c. - Procedures by credit rating agency to assure accuracy.

Section 36a-699d. - Credit report for use in credit transaction not initiated by consumer.

Section 36a-699e. - Existing consent judgment or settlement with Attorney General.

Section 36a-699f. - Blocking of information appearing on credit report as result of identity theft.

Section 36a-700. (Formerly Sec. 36-435l). - Credit clinics. Definitions. Contracts. Prohibited acts. Penalties.

Section 36a-701. - Security freeze on credit report: Definitions.

Section 36a-701a. - Security freeze on credit report. Timing. Disclosure of report to third party during freeze. Procedures for freeze. Refusal by credit rating agency to implement freeze. Exceptions. Prohibition on fees.

Section 36a-701b. - Breach of security re computerized data containing personal information. Notice of breach. Provision of identity theft prevention services and identity theft mitigation services. Delay for criminal investigation. Means of notice....

Section 36a-701c. - Regulations.

Section 36a-705. (Formerly Sec. 36-442). - Definitions.

Section 36a-706. (Formerly Sec. 36-442a). - Mortgage rate lock-in.

Section 36a-707. (Formerly Sec. 36-442b). - Applicant's remedies.

Section 36a-708. - Prohibited acts by mortgage brokers.

Section 36a-715. (Formerly Sec. 36-442m). - Definitions.

Section 36a-716. (Formerly Sec. 36-442n). - Escrow accounts.

Section 36a-717. (Formerly Sec. 36-442o). - Penalties.

Section 36a-718. (Formerly Sec. 36-442p). - Licenses required. Exemptions.

Section 36a-719. - Mortgage servicer license. Issuance. Application. Criminal history records checks. Renewal standards. Automatic suspension of license. Abandonment of application. Schedule and report. Unique identifier of license. Advertising of li...

Section 36a-719a. - License not assignable or transferable. Change in any control persons. Surrender of license. Change of name or address. Required filings on system or notification of commissioner. Automatic suspension of license.

Section 36a-719b. - Expiration of license. Application for renewal. Fees.

Section 36a-719c. - Surety bond, fidelity bond and errors and omissions coverage. Cancellation. Automatic suspension of license. Notices.

Section 36a-719d. - Records to be maintained by licensee.

Section 36a-719e. - Disclosure of notice and schedule of ranges and categories of costs and fees.

Section 36a-719f. - Compliance with federal laws and regulations.

Section 36a-719g. - Fee schedule. Imposition of late fee or delinquency charge.

Section 36a-719h. - Prohibited acts. Duty to establish, enforce and maintain policies and procedures for compliance.

Section 36a-719i. - Authority of commissioner re investigations and examinations. Prohibited acts by subjects of investigation or examination.

Section 36a-719j. - Suspension, revocation or refusal to renew license or taking of other action. Removal from office and from employment or retention. Temporary order to cease business.

Section 36a-719k. - Regulations.

Section 36a-719l. - Exemptions.

Section 36a-720. - Capital and liquidity requirements of covered institutions. Policies and procedures. Board of directors. External audit. Risk management program. Commissioner's authority re investigation, inquiry or examinations.

Section 36a-725. (Formerly Sec. 36-442aa). - Definitions.

Section 36a-726. (Formerly Sec. 36-442bb). - Disclosure required.

Section 36a-735. (Formerly Sec. 36-443). - Short title: Home Mortgage Disclosure Act.

Section 36a-736. (Formerly Sec. 36-444). - Definitions.

Section 36a-737. (Formerly Sec. 36-445). - Discrimination in making of home purchase, home improvement and mortgage loans. Applications submitted by members of reserves or National Guard.

Section 36a-738. (Formerly Sec. 36-446). - Disclosure requirements for financial institutions.

Section 36a-739. (Formerly Sec. 36-448). - Reports by financial institutions. Filing requirements.

Section 36a-740. (Formerly Sec. 36-449). - Violations by financial institutions. Rights of loan applicant.

Section 36a-741. (Formerly Sec. 36-451). - Cease and desist order. Enforcement action.

Section 36a-742. (Formerly Sec. 36-452). - Protection of confidentiality of an individual's financial status.

Section 36a-743. (Formerly Sec. 36-454). - Commissioner to analyze home financing.

Section 36a-744. (Formerly Sec. 36-455). - Regulations.

Section 36a-746. - Short title: Connecticut Abusive Home Loan Lending Practices Act.

Section 36a-746a. - Definitions.

Section 36a-746b. - Disclosures.

Section 36a-746c. - Prohibited provisions in loan agreement.

Section 36a-746d. - Report of payment history.

Section 36a-746e. - Prohibited acts by lender.

Section 36a-746f. - Purchase of insurance by buyer.

Section 36a-746g. - Refund or credit of charges.

Section 36a-755. (Formerly Sec. 36-9h). - Mortgage appraisal practices. Definitions. Regulations.

Section 36a-756. (Formerly Sec. 36-9t). - Title insurance as condition of mortgage on residential real estate prohibited.

Section 36a-757. (Formerly Sec. 36-9u). - Mortgage insurance requirements limited.

Section 36a-758. (Formerly Sec. 36-9y). - Payment of loan proceeds by certified, bank treasurer's or cashier's check or by wire transfer.

Section 36a-758a. - Payment of first or secondary mortgage loan proceeds by wire transfer. Time limits. Penalties.

Section 36a-759. (Formerly Sec. 36-4). - Minority of veterans, spouses and widows for purposes of the Servicemen's Readjustment Act.

Section 36a-759a. - Compliance with John Warner National Defense Authorization Act for Fiscal Year 2007. Limit on interest rate charged on consumer credit to members of armed services.

Section 36a-760. - Nonprime home loans: Definitions; applicability.

Section 36a-760a. - Duties of lenders and mortgage brokers relating to nonprime home loans.

Section 36a-760b. - Analysis of obligor's ability to pay.

Section 36a-760c. - Prohibition against making nonprime home loan when proceeds used to pay off special mortgage.

Section 36a-760d. - Requirements for making nonprime home loans.

Section 36a-760e. - Restrictions on provisions in nonprime home loans.

Section 36a-760f. - Prohibition against dividing or structuring loan to avoid application of nonprime home loan statutory provisions.

Section 36a-760g. - Restrictions on making and financing under nonprime home loans. Curing of defaults.

Section 36a-760h. - Additional duties of mortgage brokers.

Section 36a-760i. - Court action based on lender's failure to comply with statutory requirements.

Section 36a-760j. - Prohibition against influencing real estate appraisals.

Section 36a-770. (Formerly Sec. 42-83). - Applicability of Uniform Commercial Code. Filing and recording. Definitions.

Section 36a-771. (Formerly Sec. 42-84). - General contract requirements.

Section 36a-772. (Formerly Sec. 42-85). - Maximum finance charge on retail sales of motor vehicles and other goods.

Section 36a-773. (Formerly Sec. 42-86). - Insurance.

Section 36a-774. (Formerly Sec. 42-87). - Installment loan contract requirements.

Section 36a-775. (Formerly Sec. 42-88). - Confession of judgment provision invalid.

Section 36a-776. (Formerly Sec. 42-89). - Inclusion of other goods in contract void.

Section 36a-777. (Formerly Sec. 42-90). - Acknowledgment of receipt of notice and statement.

Section 36a-778. (Formerly Sec. 42-91). - Delinquency and collection charges.

Section 36a-779. (Formerly Sec. 42-92). - Assignment of contract.

Section 36a-780. (Formerly Sec. 42-93). - Payments after assignment.

Section 36a-781. (Formerly Sec. 42-94). - Statement of payments made. Receipts.

Section 36a-782. (Formerly Sec. 42-95). - Cancellation of contract on payment in full.

Section 36a-783. (Formerly Sec. 42-96). - Rebate and refund upon prepayment of contract.

Section 36a-784. (Formerly Sec. 42-97). - Renewals and extensions.

Section 36a-785. (Formerly Sec. 42-98). - Foreclosure.

Section 36a-786. (Formerly Sec. 42-99). - Recovery of charges barred by wilful violations.

Section 36a-787. (Formerly Sec. 42-100). - Penalty.

Section 36a-788. (Formerly Sec. 42-100a). - Enforcement action.

Section 36a-800. (Formerly Sec. 42-127). - Consumer collection agency. Definitions.

Section 36a-801. (Formerly Sec. 42-127a). - License required. Application, issuance, renewal. Authority to conduct criminal history records check. Examination of records. Abandonment of application. Surrender of license. Required system filing or not...

Section 36a-801a. - Persons engaged in business of collecting child support.

Section 36a-801b. - Collection of child support. Written agreement.

Section 36a-802. (Formerly Sec. 42-128a). - Surety bond required. Authority of commissioner to proceed on bond. Cancellation of bond; notice. Automatic suspension of license; notice. Opportunity for hearing.

Section 36a-803. (Formerly Sec. 42-129). - Conviction of certain crimes disqualification to engage in consumer collection business.

Section 36a-804. (Formerly Sec. 42-129a). - Suspension, revocation or refusal to renew license or taking other action. Removal from office and from employement or retention. Temporary order to cease business.

Section 36a-805. (Formerly Sec. 42-131). - Prohibited practices. Exception.

Section 36a-806. (Formerly Sec. 42-131a). - Prohibited practices within and without state. Examination of affairs.

Section 36a-807. (Formerly Sec. 42-131b). - Liability.

Section 36a-808. (Formerly Sec. 42-131c). - Unfair or deceptive practices. Enforcement action.

Section 36a-809. (Formerly Sec. 42-131d). - Commissioner's powers. Regulations.

Section 36a-810. (Formerly Sec. 42-133a). - Penalty.

Section 36a-811. - Maintenance of consumer debtor and creditor records.

Section 36a-812. - Compliance with Fair Debt Collection Practices Act.

Section 36a-813. - Evidence in cause of action for purchased debt owed by consumer debtor.

Section 36a-814. - Initiation of cause of action for purchased debt prohibited when statute of limitations has expired. Limitations period not extended by payment or affirmation.

Section 36a-830. - Exchange facilitator. Definitions.

Section 36a-831. - Change in control of exchange facilitator. Notification to clients.

Section 36a-832. - Fidelity bond. Deposit of exchange funds.

Section 36a-833. - Errors and omissions insurance policy; cash or securities deposit; letters of credit.

Section 36a-834. - Regulations. Damage claims.

Section 36a-835. - Holding and investment of exchange funds.

Section 36a-836. - Prohibited activities of exchange facilitators.

Section 36a-837. - Civil action. Notice.

Section 36a-846. - Definitions.

Section 36a-847. - Private student loan services license required. Application. Authority to conduct criminal history records check. Fees. Examination of records. Automatic suspension of license. Abandonment of application.

Section 36a-847a. - Federal student loan servicer registration required. Fees. Service of process and communication with commissioner. Civil penalty.

Section 36a-847b. - Exemptions.

Section 36a-848. - Name and place of business. Change of name or location. License and registration not transferable or assignable. Change in any control persons. Automatic suspension of license and civil penalty against registrant. Required system f...

Section 36a-849. - Records to be maintained by licensee.

Section 36a-850. - Prohibited activities of student loan servicers and control persons.

Section 36a-850a. - Required activities of a private student loan servicer. Limitations to applicability.

Section 36a-851. - Commissioner's authority re investigations and examinations. Prohibited acts by subjects of investigation or examination.

Section 36a-852. - Suspension, revocation or refusal to renew license or registration. Removal from office and from employment or retention. Temporary order to cease business.

Section 36a-853. - Compliance with federal laws and regulations.

Section 36a-854. - Regulations.

Section 36a-855. - Action for damages, fees, costs and equitable relief. Class actions.

Section 36a-860. - Financial planners.

Section 36a-860a. - Links to educational materials re financial planning and investment advisers on department's Internet web site.