Effective - 28 Aug 1995
408.580. Applications to be accepted — written reasons for rejection required — display of statute required — retention of records — rulemaking, procedure. — 1. No state financial institution shall refuse to provide, upon request, an application form or refuse to accept or otherwise impede the making of a written application for a residential real estate loan.
2. On receipt of a written application for a loan, every state financial institution shall provide the applicant with a written statement of the amount and purpose of each charge of the institution for the processing of the application.
3. On receipt of an amount required by the state financial institution for processing of the loan, said institution shall cause the application to be processed to final determination. If the application is rejected, said institution shall state in writing to the applicant its reason or reasons for such rejection.
4. In the event that a state financial institution, at any time, is not originating or purchasing residential real estate loans of the type for which application is made other than to meet commitments not made in violation of the provisions of sections 408.570 to 408.600 previously made for such loans, that institution may satisfy the requirements of subsections 1, 2, and 3 of this section by delivering to each prospective applicant for such loan a written statement to that effect signed by a representative of the institution.
5. Every state financial institution shall prominently display in the lobby of each of its offices, a statement of the language of subsections 1, 2, 3, and 4 of this section and a statement that the annual report of the division director made in accordance with the provisions of section 408.590 is available at the division office, on a form approved by the division director who regulates such institution.
6. Every state financial institution shall maintain a copy of each document received or delivered under the provisions of subsections 1, 2, 3, and 4 of this section for a period of not less than twenty-five months which period may be extended by order of the division director who regulates such institution. Applications for which the processing fee is not tendered or which are rejected by a state financial institution shall be segregated in the records of the institution and shall be maintained with a copy of each document originated, received or delivered regarding such application.
7. Documents required to be received, maintained or delivered by subsections 1, 2, 3, and 4 of this section may be on a form provided by the state financial institution subject to the disapproval of the division director who regulates such institution provided that each division director shall to the extent possible authorize documents otherwise required by law to be used to effect the purposes of this section.
8. A state financial institution which maintains one or more full service permanent offices in any county or city not within a county for the receipt of deposits shall accept for processing loan applications in at least one office within such county or city not within a county.
9. The division director regulating such state financial institution may issue such regulations as are necessary to carry out the purposes of this section. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
--------
(L. 1979 S.B. 305, A.L. 1994 H.B. 1165, A.L. 1995 S.B. 3)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 408 - Legal Tender and Interest
Section 408.010 - Silver a legal tender.
Section 408.015 - Definitions.
Section 408.020 - When no rate of interest is agreed upon, nine percent allowed as legal interest.
Section 408.031 - Fee in lieu of interest may be charged on loan — exception.
Section 408.032 - Recording fees.
Section 408.035 - Unlimited interest, when allowed.
Section 408.050 - Excess interest paid recoverable with costs and attorney fee.
Section 408.070 - Usurious interest — security agreement invalid.
Section 408.081 - Validity of certain existing contract not to be affected, when.
Section 408.083 - Credit contracts, prepayment before maturity, computation of interest.
Section 408.090 - Demand loans where only securities are pledged not subject to usury laws.
Section 408.092 - Attorney fees, enforcement of credit agreements, limitations.
Section 408.095 - Charging interest of more than two percent per month a misdemeanor, exceptions.
Section 408.096 - Loan arrangement, excess fee prohibited for certain transactions — penalty.
Section 408.100 - Applicability of section — rate of interest.
Section 408.105 - Precomputed loans, extensions, fee, limitations.
Section 408.110 - Short title — applicability of sections 408.120 to 408.190.
Section 408.120 - Interest computed and paid, how.
Section 408.145 - Fees for credit cards issued in contiguous states.
Section 408.160 - False advertising prohibited.
Section 408.175 - Interest rate when maturity of note or contract accelerated.
Section 408.178 - Deferral of monthly loan payments, fee authorized for certain loans.
Section 408.180 - Authority of director to verify interest rates charged.
Section 408.190 - Certain loans exempt from sections 408.120 to 408.180, and 408.200.
Section 408.200 - Borrower not to be indebted on two or more contracts with same lender, when.
Section 408.210 - Assignment of wages or compensation — excess over loan deemed interest.
Section 408.213 - Changes to certain sections remedial only.
Section 408.231 - Definitions.
Section 408.232 - Rates and terms.
Section 408.233 - Additional charges authorized.
Section 408.234 - Collateral — prepayment rights, method of computation.
Section 408.235 - Director may examine certain lenders.
Section 408.237 - Applicability of sections 408.231 to 408.241.
Section 408.241 - Prepayment fee, second mortgage loans, allowed when.
Section 408.250 - Definitions.
Section 408.280 - Insurance purchased to secure retail time contract, regulation.
Section 408.290 - Retail charge agreement — form — delivery to buyer — contents.
Section 408.320 - Buyer may pay retail time contract debt before maturity — refund of charges.
Section 408.340 - Applicability to prior transactions.
Section 408.350 - Waiver of provisions void.
Section 408.360 - Citation of law.
Section 408.370 - Violation, penalty — effect on time and other charges — correction.
Section 408.375 - Retail installment agreement, deemed signed or accepted, when.
Section 408.400 - Definitions.
Section 408.410 - Exempt transactions.
Section 408.415 - Chapter 400 is modified by provisions of sections 408.400 to 408.415.
Section 408.455 - Variable rate agreements subject to certain provisions.
Section 408.505 - Term of loans, charges permitted, repayment, return check charge.
Section 408.506 - Report to the general assembly, contents.
Section 408.510 - Licensure of consumer installment lenders — interest and fees allowed.
Section 408.512 - Loans by traditional installment loan lenders.
Section 408.550 - Discrimination prohibited — damages recoverable.
Section 408.551 - Applicability of sections 408.551 to 408.562 — credit transaction defined.
Section 408.552 - Enforceability of default provisions.
Section 408.553 - Recovery limitation.
Section 408.554 - Notice of default, contents, form, delivery.
Section 408.557 - Notice required before deficiency action may be commenced.
Section 408.558 - Security interests not to be taken, when.
Section 408.560 - Unenforceable provisions in note or credit contract.
Section 408.562 - Damages recoverable for violation.
Section 408.570 - Definitions.
Section 408.575 - Denial of loans prohibited, when, reasons for.
Section 408.585 - Limitation on requirements of sections 408.570 to 408.600.
Section 408.590 - Division directors, report to governor and department director, contents.
Section 408.595 - Financial institutions to make other annual report, contents.
Section 408.675 - Citation of law — definitions.
Section 408.677 - Government access to records, when — requirements.
Section 408.680 - Financial institution may not disclose, exceptions, requirements.
Section 408.682 - Customer authorization, requirements.
Section 408.683 - Subpoena, government may obtain records with, when — procedure — notice required.
Section 408.685 - Delay of notice, allowed when — postdisclosure notice, form of.
Section 408.686 - Challenge to subpoena — procedure, appeals.
Section 408.689 - Transfer of records to additional agency, allowed when — notice.
Section 408.690 - Nonprohibited disclosure activities.
Section 408.692 - Law not applicable to government authority, when — procedure.
Section 408.693 - Fee paid to financial institution, amount, how determined.
Section 408.695 - Statute of limitations.
Section 408.697 - Injunctive relief, allowed when.
Section 408.699 - Statute of limitations, tolled when.
Section 408.700 - Subpoena issued under authority of grand jury, records, use of.
Section 408.800 - Definitions.
Section 408.805 - Savings promotion program authorized, conditions.
Section 408.810 - Compliance with federal American Savings Promotion Act.
Section 408.815 - Programs not gambling, gaming, lottery, raffle, or sweepstake.