Effective: March 23, 2018
Latest Legislation: House Bill 199 - 132nd General Assembly
(A) A registrant, a licensee, and any person required to be registered or licensed under this chapter, in addition to duties imposed by other statutes or common law, shall do all of the following:
(1) Safeguard and account for any money handled for the buyer;
(2) Follow reasonable and lawful instructions from the buyer;
(3) Act with reasonable skill, care, and diligence;
(4) Act in good faith and with fair dealing in any transaction, practice, or course of business in connection with the brokering or originating of any residential mortgage loan;
(5) Make reasonable efforts to secure a residential mortgage loan, from lenders with whom the registrant, licensee, or person regularly does business, with rates, charges, and repayment terms that are advantageous to the buyer.
(B) Division (A) of this section shall not apply to wholesale lenders. However, wholesale lenders are subject to all other requirements applicable to mortgage brokers and nonbank mortgage lenders. For purposes of this division, "wholesale lender" means a company that has been issued a certificate of registration and that enters into transactions with buyers exclusively through unaffiliated third-party mortgage brokers.
(C) The duties and standards of care created in this section cannot be waived or modified.
(D)(1) A buyer injured by a failure to comply with this section may bring an action for recovery of damages.
(2) Damages awarded under division (D)(1) of this section shall not be less than all compensation paid directly or indirectly to a mortgage broker from any source, plus reasonable attorney's fees and court costs.
(3) The buyer may be awarded punitive damages.
(E) A buyer injured by a failure to comply with this section is precluded from recovering any damages, plus reasonable attorney's fees and costs, if the buyer has also recovered any damages in a cause of action initiated under section 1322.52 of the Revised Code and the recovery of damages for a failure to comply with this section is based on the same acts or circumstances as the basis for recovery of damages in section 1322.52 of the Revised Code.
(F) This section shall not be interpreted by the superintendent to require a separate account for deposit of buyer funds.
Last updated June 22, 2021 at 2:33 PM
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla)
Section 1322.01 | Rmla Definitions.
Section 1322.04 | Applicability of Rmla.
Section 1322.07 | Requirement to Obtain Certificate of Registration or License.
Section 1322.09 | Application for Certificate of Registration; Fee.
Section 1322.10 | Conditions for Issuing Certificate of Registration; Renewal.
Section 1322.12 | Designation of Operations Manager; Eligibility.
Section 1322.15 | Obfuscation or Concealment of True Ownership or Control.
Section 1322.16 | Transfer of Ownership Interests; Notification.
Section 1322.17 | Persons Registered Solely to Sell Leads or to Match Buyers.
Section 1322.20 | Application for Mortgage Loan Originator License.
Section 1322.21 | Conditions for Issuing Mortgage Loan Originator License; Renewal.
Section 1322.27 | Examination for Mortgage Loan Originator License.
Section 1322.28 | Continuing Education for Mortgage Loan Originator.
Section 1322.29 | Supervision of Mortgage Loan Originator; Transfer of License.
Section 1322.32 | Corporate Surety Bond; Notice of Action or Judgment.
Section 1322.34 | Examination and Maintenance of Records; Reports to Nmls.
Section 1322.40 | Prohibited Acts.
Section 1322.41 | Prohibited Interest in Appraisal Company.
Section 1322.42 | Restrictions Regarding Referrals.
Section 1322.45 | Additional Duties of Registrants and Licensees; Recovery of Damages by Buyer.
Section 1322.46 | Disclosures in Advertising.
Section 1322.50 | Disciplinary Actions.
Section 1322.51 | Effect of Child Support Default on Registration or License.
Section 1322.52 | Buyer Civil Action; State Civil Action; Criminal Prosecution.
Section 1322.55 | Adoption of Rules to Parallel Federal Safe Act.
Section 1322.56 | Adoption of Rules to Comply With Nmls Requirements.