99- 346 C.M.R. ch. 1, § 17 - Lenders
A.
Distribution of Mortgage
Money. MaineHousing may make Mortgage Loan money available to Eligible
Borrowers through Lenders. MaineHousing will notify Lenders when Mortgage Loan
money is available.
B.
Participation of Lenders. To participate as a Lender, a financial
institution must be authorized to do business in Maine and be in compliance
with all applicable laws. The financial institution must submit an application
including its financial statements, its current underwriting practices and
guidelines for residential mortgage loans, staff experience and training,
fidelity bond and errors and omissions insurance coverage, and proof that an
adequate system of quality control exists for originating residential mortgage
loans.
C.
Eligibility
Determination. A Lender shall review each application for a Mortgage
Loan and take reasonable steps to verify the information provided in the
application.
D.
Loan
Registration. A Lender shall register each loan application submitted by
an Applicant in accordance with the loan registration requirements contained in
the Procedural Guide.
E.
Duty
to Repurchase. A Lender shall repurchase any Mortgage Loan sold to
MaineHousing if:
(1) MaineHousing determines
that any representation was untrue when made, a misstatement of a material fact
exists in any of the documents delivered in connection with the Mortgage Loan,
or any warranty or term required of the Lender has been breached;
(2) the mortgage insurer or guarantor fails
to deliver a certificate of insurance or a guaranty certificate for the
Mortgage Loan, if applicable; or
(3) the Lender fails to deliver any documents
required by the Procedural Guide or required by MaineHousing as a condition of
purchase, all in form and substance satisfactory to MaineHousing within the
period provided in the Procedural Guide; or
(4) the Mortgage Loan does not conform to the
requirements of this rule, the Mortgage Purchase Agreement, or the Procedural
Guide.
F.
First
Come, First Served. A Lender shall process applications on a first come,
first served basis. A Lender shall not reject an application because the
Applicant is not a depositor or customer. A Lender shall accept and process all
applications for Mortgage Loans unless it appears from information provided
that the Applicant would not be an Eligible Borrower.
G.
No Discrimination. A Lender
shall not discriminate against any person or group of persons on account of
race, color, religion, age, familial status, physical or mental disability,
sex, sexual orientation, marital status or national origin, or on any other
basis prohibited by federal, state or local law.
H.
Mortgage Purchase Agreement.
A Lender shall enter into a Mortgage Purchase Agreement with
MaineHousing.
I.
Prudent
Investment and Reinvestment Certificate. Unless otherwise agreed,
MaineHousing shall not purchase a Mortgage Loan unless the Lender certifies
that in its judgment the Mortgage Loan would in all respects be a prudent
investment for its own account and that the proceeds of the sale or its
equivalent shall be reinvested in mortgages or notes providing financing for
housing within the State of Maine.
J.
Continued Participation.
MaineHousing may impose conditions on Lenders' continued participation such as
requiring Lenders to issue a certain number of Mortgage Loans or to continue to
maintain a certain level of quality in originating and selling Mortgage
Loans.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.