Michigan Compiled Laws
Act 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684)
Section 445.1683 - Mortgage Industry Advisory Board; Creation; Requirements; Communication of Issues to Commissioner; Recommendations.

Sec. 33.
(1) The mortgage industry advisory board is created.
(2) All of the following apply to the board:
(a) The board shall consist of 7 individuals, appointed by the commissioner as follows:
(i) Four individuals who are employees of, are directors of, or have at least a 25% ownership interest in a licensee or registrant, selected by the commissioner from a list, provided to the commissioner by the Michigan mortgage lenders association, that includes at least 6 nominees, 3 of whom are employees of, directors of, or have at least a 25% ownership interest in a person that holds a license or registration under this act to provide services as a mortgage broker.
(ii) One employee who is an employee of, a director of, or who has at least a 25% ownership interest in a licensee or registrant that is a member of any trade association operating in this state that represents mortgage brokers, mortgage lenders, or mortgage servicers. The trade associations may recommend candidates for this position to the commissioner.
(iii) Two individuals who are employees of, are directors of, or have at least a 25% ownership interest in business entities that provide services to or purchase services from licensees or registrants.
(b) The term of a board member is 4 years, except that for the first board, the commissioner shall appoint 3 individuals for 2-year terms so that the terms of office of board members are staggered.
(c) An individual may not serve more than 2 consecutive 4-year terms, and the commissioner may not reappoint an individual who serves 2 consecutive 4-year terms on the board for at least 12 months after the end of those consecutive terms.
(d) The board shall not include more than 1 member who is employed by, is a director of, or has more than a 1% ownership interest in the same licensee, registrant, affiliate, or other person.
(e) Each member of the board shall serve without compensation. However, the office of financial and insurance regulation shall reimburse a member of the board for his or her travel and other expenses incurred in the performance of an official board function pursuant to the standard travel regulations of the department of management and budget.
(f) The board shall retain minutes of its meetings and any other records of the board for at least 10 years. The board shall make its minutes and any other records prepared, owned, used, in the possession of, or retained by the board in the performance of an official function available to the commissioner immediately on request and make those minutes and records available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) The board shall communicate to the commissioner issues of concern to the residential mortgage industry and shall review and make recommendations to the commissioner concerning all of the following:
(a) Rules proposed under this act, the secondary mortgage loan act, or the mortgage loan originator licensing act, 2009 PA 75, MCL 493.131 to 493.171.
(b) Procedures for maintaining the confidentiality of personal identifying information and other information concerning all of the following:
(i) Licensees, registrants, and applicants for licensure or registration.
(ii) Licensees, registrants, and applicants for licensure or registration under the secondary mortgage loan act.
(iii) Licensees or applicants for licensure under the mortgage loan originator licensing act, 2009 PA 75, MCL 493.131 to 493.171.
(c) Any other issue referred to the board by the commissioner.
History: 1987, Act 173, Imd. Eff. Nov. 18, 1987 ;-- Am. 2008, Act 64, Imd. Eff. Apr. 3, 2008 ;-- Am. 2008, Act 324, Imd. Eff. Dec. 18, 2008 ;-- Am. 2009, Act 76, Eff. July 31, 2010 ;-- Am. 2013, Act 14, Imd. Eff. Apr. 16, 2013 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibility of the financial institutions bureau and the commissioner of the financial institutions bureau to the commissioner of the office of financial and insurance services and the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 445 - Trade and Commerce

Act 173 of 1987 - Mortgage Brokers, Lenders, and Servicers Licensing Act (445.1651 - 445.1684)

Section 445.1651 - Short Title.

Section 445.1651a - Definitions.

Section 445.1652 - Mortgage Broker, Mortgage Lender, or Mortgage Servicer; License or Registration Required; Exemption; Application; Compensation or Other Remuneration; Words Contained in Name or Assumed Name; "Employee" Defined.

Section 445.1652a-445.1652c - Repealed. 2009, Act 76, Eff. July 31, 2010.

Section 445.1653 - License or Renewal; Application; Form; Investigation; Determination; Issuance; Indemnification.

Section 445.1654 - Proof of Financial Responsibility.

Section 445.1655 - Minimum Net Worth.

Section 445.1656 - Registration Required; Applicability of Certain Provisions; Licensing or Registration of Real Estate Broker or Salesperson; Improper Use of Business Name.

Section 445.1657 - Expiration of Registration or License; Renewal; Application; Fee; Limitation; Financial Statement.

Section 445.1658 - Payment for Investigation and Annual Operating Fees; Establishment of Annual Fee Schedule; Limitation; Fees Nonrefundable; Action for Delinquent Payment; Licensee or Registrant Report; Penalties; Establishment and Administration of...

Section 445.1659 - Transfer or Assignment of License or Registration.

Section 445.1660 - Surrender, Revocation, or Suspension of License or Registration; Loss or Destruction; Affidavit.

Section 445.1661 - Powers of Commissioner Generally.

Section 445.1662 - Notice of Intention to Enter Order of License or Registration, Suspension or Revocation, or Refusal to Issue License; Hearing; Final Order.

Section 445.1663 - Complaint; Investigation; Federal Regulatory Authority.

Section 445.1664 - Provisions Applicable to Investigation.

Section 445.1665 - Summary Suspension of License or Registration; Order; Affidavit; Dissolution of Summary Suspension Order; Record.

Section 445.1666 - Cease and Desist Order; Hearing; Violation; Injunction.

Section 445.1667 - Remedies Cumulative.

Section 445.1668 - Notice of Hearing on Complaint; Service; Informal Conference; Settlement; Compliance; Hearing.

Section 445.1668a - Fraud; Prohibition; Notice; Hearing; Order.

Section 445.1668b - Hearing; Final Decision; Judicial Review; Effect of Review on Order.

Section 445.1668c - Enforcement of Order; Jurisdiction.

Section 445.1668d - Violation as Misdemeanor; Penalty.

Section 445.1668e - Violation of Order; Exceptions.

Section 445.1669 - Continuing to Service Mortgage Loan or Making Mortgage After Suspension or Revocation of License or Registration; Termination of Commitment; Refund.

Section 445.1670 - Powers of Commissioner in Conducting Examination or Investigation; Conduct of Person Subpoenaed as Misdemeanor; Conduct of Investigation.

Section 445.1671 - Books, Accounts, Records, and Documents; Preservation and Examination; Reports; False Statement as Felony; Penalty.

Section 445.1672 - Violations Generally.

Section 445.1672a - Mortgage Loans; Prohibited Advertising.

Section 445.1672b - Repealed. 2009, Act 76, Eff. July 31, 2010.

Section 445.1673 - Reasonable and Necessary Charges; Terms and Conditions of Guarantee.

Section 445.1674 - Annual Statement and Ledger History of Borrower's Account; Fee Prohibited.

Section 445.1675 - Applicability of Act.

Section 445.1675a - Exemptions; Filing Affidavit; Failure to Meet Qualifications.

Section 445.1676 - Laws to Which Mortgage Loan Subject.

Section 445.1677 - Period Within Which to File Application for License and Proof of Financial Responsibility, to Pay Fees, or to Register.

Section 445.1678 - Civil or Criminal Liability.

Section 445.1679 - Prohibited Conduct; Misdemeanor; Penalty; Violation of Act or Rules; Civil Fine; Suspension or Revocation of License or Registration; Refusal to Issue or Renew License or Registration; Restitution; Proceedings Subject to MCL 24.201...

Section 445.1680 - Effect of Noncompliance on Validity or Enforceability of Mortgage Loan.

Section 445.1681 - Action to Obtain Declaratory Judgment, Injunction, or Actual Damages; Limitation.

Section 445.1682 - Conservatorship.

Section 445.1683 - Mortgage Industry Advisory Board; Creation; Requirements; Communication of Issues to Commissioner; Recommendations.

Section 445.1684 - Claims Filed Against Proof of Financial Responsibility.