Florida Statutes 494.0076 – Servicing audits
Current as of: 2023 | Check for updates
|
Other versions
(1)(a) Each licensee under this part who services mortgage loans shall:
1. Maintain a segregated set of records for accounts that are serviced by the licensee.
2. Have a separate, segregated depository account for all receipts relating to servicing.
Terms Used In Florida Statutes 494.0076
- Commission: means the Financial Services Commission. See Florida Statutes 494.001
- Contract: A legal written agreement that becomes binding when signed.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(b) For fiscal years ending after January 1, 1992, such records and receipts shall be audited annually pursuant to the Uniform Single Audit Program for Mortgage Bankers as approved by the Mortgage Bankers Association of America with the cooperation of the American Institute of Certified Public Accountants.
(c) The audited statement shall be maintained at the licensee’s place of business.
(2)(a) In lieu of the audit referred to in subsection (1), a person who services an aggregate value of less than $7.5 million in outstanding mortgage loans, excluding mortgage loans serviced under contract as an agent for federal, state, or municipal agencies, may obtain a fidelity bond, financial guaranty bond, fidelity insurance, or other financial guaranty providing protection against theft, loss, or other illegal diversion of funds for any amounts normally held by such person.
(b) The commission may adopt rules to ensure that investors are adequately protected under this subsection.