Montana Code 32-9-168. Mortgage lender prohibitions
32-9-168. Mortgage lender prohibitions. A mortgage lender may not:
Terms Used In Montana Code 32-9-168
- Borrower: means a person seeking a residential mortgage loan or an obligor on a residential mortgage loan. See Montana Code 32-9-103
- Loan commitment: means a statement transmitted in writing or electronically by a mortgage lender setting forth the terms and conditions upon which the mortgage lender is willing to make a particular residential mortgage loan to a particular borrower. See Montana Code 32-9-103
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: means a consensual interest in real property located in Montana, including improvements, securing a debt evidenced by a mortgage, trust indenture, deed of trust, or other lien on real property. See Montana Code 32-9-103
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Person: means an individual, sole proprietorship, corporation, company, limited liability company, partnership, limited liability partnership, trust, or association. See Montana Code 32-9-103
- Property: means real and personal property. See Montana Code 1-1-205
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(1)cause or require a borrower to obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer;
(2)disburse the mortgage loan proceeds to a closing agent in any form other than, as applicable:
(a)direct deposit to a borrower’s account;
(b)wire transfer;
(c)bank or certified check;
(d)attorney’s check drawn on a trust account; or
(e)other form as specifically authorized by applicable law;
(3)disburse the proceeds of a mortgage loan without sufficient collected funds on hand at the time of the disbursement in the account upon which the funds are drawn;
(4)fail to disburse funds in accordance with a loan commitment to make a mortgage loan that was accepted by the borrower;
(5)fail to take the actions required to effect a release of the lender’s security interest in the property as described in 71-1-212;
(6)advertise that a mortgage applicant will have unqualified access to credit without disclosing what material limitations on the availability of credit exist, such as the percentage of downpayment required, that a higher rate or points could be required, or that restrictions as to the maximum principal amount of the mortgage loan offered could apply;
(7)advertise a mortgage loan for which a prevailing rate is indicated in the advertisement unless the advertisement specifically states that the expressed rate could change or not be available at commitment or closing;
(8)advertise mortgage loans, including rates, margins, discounts, points, fees, commissions, or other material information, including material limitations on mortgage loans, unless the person is able to make advertised mortgage loans to a reasonable number of qualified applicants; or
(9)falsely advertise or misuse names in violation of 18 U.S.C. § 709 or 32-1-402.