Arizona Laws 20-1551. Rebates, commissions and charges
A. A mortgage guaranty insurance company shall not pay or cause to be paid either directly or indirectly, to any owner, purchaser, lessor, lessee, mortgagee or prospective mortgagee of the real property which secures the authorized real estate security or which is the fee of an insured lease, or any interest in such lease, or any person who is acting as an agent, representative, attorney or employee of such owner, purchaser or mortgagee, any commission, or any part of its premium charges or any other consideration as an inducement for or as compensation on any mortgage guaranty insurance business.
Terms Used In Arizona Laws 20-1551
- Authorized real estate security: means either:
(a) Any amortized note, bond or other evidence of indebtedness that is secured by both a mortgage, deed of trust or other instrument that constitutes or is equivalent to a first lien or charge on real estate and the balance on any pledged cash account or collateralized guaranty agreement that is contracted for by a parent, blood relative, employer or nonprofit corporation for the benefit of the borrower if all of the following apply:
(i) The loan amount does not exceed one hundred three per cent of the fair market value of the combined security at the time that the loan is made where any percentage greater than one hundred per cent is used to finance fees and closing costs on the indebtedness. See Arizona Laws 20-1541
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage guaranty insurance: means insurance against financial loss by reason of nonpayment of:
(a) Principal, interest or other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate if the improvement on such real estate is a residential building or a condominium unit or buildings designed for occupancy by not more than four families. See Arizona Laws 20-1541
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
- Writing: includes printing. See Arizona Laws 1-215
B. In connection with the placement of any mortgage guaranty insurance, a mortgage guaranty insurance company shall not cause or permit any commission, fee, remuneration or other compensation to be paid to or received by any insured lender or lessor, any subsidiary or affiliate of any insured, any officer, director or employee of any insured or any member of such person’s immediate family, any corporation, partnership, trust, trade association in which any insured is a member or other entity in which any insured or any such officer, director or employee or any member of such person’s immediate family has a financial interest, or any designee, trustee, nominee or other agent or representative of any of the foregoing.
C. A mortgage guaranty insurance company shall not make any rebate of any portion of the premium charge shown by the schedule required by section 20-1549, subsection B. A mortgage guaranty insurance company shall not quote any rate or premium charge to any person which is different than that currently available to others for the same type of coverage. The amount by which any premium charge is less than that called for by the current schedule of premium charges is an unlawful rebate.
D. Notwithstanding section 20-451, section 20-452, section 20-1553, subsection B or any other provision of this section, a mortgage guaranty insurance company may enter into an agreement with a mortgage lender or an affiliate of a mortgage lender to provide financial incentives to the mortgage lender for the performance of the mortgage loans insured by the mortgage guaranty insurance company. The agreement to provide financial incentives to mortgage lenders shall not take effect unless it is filed with the director and either approved or not disapproved within thirty days after being filed. The director’s disapproval shall be in writing and shall specify the reason for the disapproval. The director shall approve the agreement upon finding that:
1. The agreement is not contrary to other applicable law.
2. The agreement is supported by information that establishes that the mortgage guaranty insurer’s rates are not inadequate when considered in conjunction with the financial incentives of the agreement.
E. The director may after notice and hearing suspend or revoke the certificate of authority of any mortgage guaranty insurance company, or in the director’s discretion, issue a cease and desist order to any mortgage guaranty insurance company which pays any commission or makes any unlawful rebate in willful violation of the provisions of this article. In the event of the issuance of a cease and desist order, the director may, after notice and hearing, suspend or revoke the certificate of authority of any mortgage guaranty insurance company which does not comply with the terms of such certificate.