Sec. 22.
(1) A licensee or registrant shall not directly or indirectly assess any charges or fees in connection with making a secondary mortgage loan, except for any of the following, which may be included in the principal of the loan:
(a) Charges for credit life insurance or credit accident and health insurance as defined in section 3 of the credit insurance act, 1958 PA 173, MCL 550.603, or any other insurance under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, that is offered by the licensee or registrant and that the borrower has the option to purchase.
(b) If reasonable and necessary, the actual expenses incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a secondary mortgage loan by any of the following, as applicable:
(i) The licensee.
(ii) The registrant.
(c) A nonrefundable processing fee that is not more than 5% of the gross amount of the loan.
(d) Other charges authorized under the credit reform act, 1995 PA 162, MCL 445.1851 to 445.1864.
(e) A reasonable annual fee for the privilege of receiving open-end credit from the licensee or registrant.
(2) The charges authorized under this section are in addition to interest authorized by law and are not a part of the interest collected or agreed to be paid on the secondary mortgage loan within the meaning of the law of this state that limits the rate of interest that may be exacted in a transaction. The charges shall be paid only once by the borrower to the licensee or registrant.
(3) Any insurance sold by a licensee or registrant in connection with a secondary mortgage loan must comply with the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, or the credit insurance act, 1958 PA 173 MCL 500.601 to 500.624, as applicable.
(4) If a licensee or registrant requires a borrower to purchase hazard insurance, the licensee or registrant shall not require the borrower to purchase the insurance through a particular agency or agent or from a particular insurer.
(5) This section does not prohibit a licensee or registrant from imposing the charges that are permitted by any federal lending program designed to promote the making of secondary mortgage loans.
History: 1981, Act 125, Imd. Eff. July 23, 1981 ;-- Am. 1994, Act 141, Imd. Eff. May 27, 1994 ;-- Am. 1994, Act 408, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 164, Eff. Mar. 28, 1996 ;-- Am. 1997, Act 91, Imd. Eff. Aug. 1, 1997 ;-- Am. 2008, Act 325, Imd. Eff. Dec. 18, 2008 ;-- Am. 2009, Act 77, Eff. July 31, 2010 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.Popular Name: Secondary Mortgage Loan Act
Structure Michigan Compiled Laws
Chapter 493 - Regulatory Loans
Act 125 of 1981 - The Secondary Mortgage Loan Act (493.51 - 493.81)
Section 493.51 - Short Title; Definitions.
Section 493.52a-493.52d - Repealed. 2009, Act 77, Eff. July 31, 2010.
Section 493.53 - Application for License or Registration; Form and Contents.
Section 493.53a - Broker, Lender, or Servicer; Registration With Commissioner; Form.
Section 493.55 - Investigation; Issuance or Refusal to Issue License.
Section 493.56b - Powers of Commissioner.
Section 493.57 - Repealed. 1997, Act 91, Imd. Eff. Aug. 1, 1997.
Section 493.59 - Order in Addition to Other Legal Actions.
Section 493.62 - Contracts or Commitments Made Prior to Suspension or Revocation.
Section 493.64b - Hearing; Final Decision; Judicial Review; Stay of Commissioner's Order.
Section 493.64c - Enforcement of Order; Jurisdiction.
Section 493.64d - Violation as Misdemeanor; Penalty.
Section 493.64e - Violation of Order; Exceptions.
Section 493.66 - Failure to Testify or Comply With Subpoena; Court Order; Contempt.
Section 493.68 - Documents; Preservation; Other Books, Accounts, Records, and Documents.
Section 493.69 - Repealed. 1997, Act 91, Imd. Eff. Aug. 1, 1997.
Section 493.70 - Making or Offering to Make Secondary Mortgage Loan; Terms and Conditions.
Section 493.71 - Interest Rate; Limitation; Computation; Prepaid Finance Charge or Fee.
Section 493.73 - Instrument Evidencing or Securing Secondary Mortgage; Contents.
Section 493.74 - Licensee or Registrant; Prohibited Conduct.
Section 493.75 - Violation of Consumer Credit Protection Act as Violation of Act.
Section 493.76 - Advertising; Prohibited Conduct.
Section 493.76a - Repealed. 2009. Act 77, Eff. July 31, 2010.
Section 493.79 - Construction of Act; Applicability.
Section 493.79a - Applicability of Act to Nonprofit Corporation.
Section 493.80 - Persons Permitted to Make Secondary Mortgage Loans.