ARK LEG Fair Mortgage Lending Act

Published on: Mar 18, 2025

On Mar. 12, ARK LEG issued bill to overhaul Fair mortgage lending act.

  • ARK LEG enacted HB 1466, to amend the Fair Mortgage Lending Act re surety bonds.
  • Makes amendments to ARK FIN 23-39-5-502, ARK FIN 23-39-5-504, ARK FIN 23-39-5-505, ARK FIN 23-39-5-506; adds ARK FIN 23-39-5-519 to ARK FIN 23-39-5-523.
  • Bill Provisions
  • The bill introduced comprehensive provisions to enhance mortgage lending framework.
  • Enhanced consumer protections with mandates for brokers, banks, and servicers.
  • Introduced definitions for affiliate, authorized user, and covered institution servicer.
  • Exempt person to include certain government agencies and nonprofits organizations.
  • Bill improved security measures by requiring the use of multifactor authentication.
  • Also outlined comprehensive risk management and information security (IT) programs.
  • Each mortgage broker, banker, and servicer would be mandated to post a surety bond of no less than $100,000, in order to ensure faithful performance of their obligations.
  • To protect consumers but also ensure claims against licensees can be pursued directly.
  • With aim to streamline the processes for those affected by potential malpractices.
  • Allows for temporary suspensions of certain regulations for unforeseen severe events.
  • Legislative History
  • On Feb. 12, 2025, bill introduced in House; on Feb. 27, 2025, bill passed in House.
  • On Feb. 27, 2025, bill introduced to Senate; on Mar. 10, 2025, bill passed in Senate.
  • On Mar. 12, 2025, bill was approved by governor, and Bill HB 1466 became Act 262.
  • Effectiveness
  • Act effective 90 days after legislature adjourned sine die, so Aug. 5, 2025.
Regulators
ARK LEG
Entity Types
Bank; MG Orig; Servicer; Thrift
Reference
Act 262, Bill HB1466, 3/12/2025; Citation: *ARK FIN* 23-39-5, 23-39-5-502, 23-39-5-504, 23-39-5-505, 23-39-5-506;
Functions
Audit; Compliance; Financial; Legal; Operations; Product Administration; Registration/Licensing; Risk
Countries
United States of America
Category
State
N/A
Products
Banking; Loan; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Mar 12, 2025
Effective Date
Aug 5, 2025
Rule ID
247119
Linked to
N/A
Reg. Last Update
Mar 12, 2025
Report Section
US Banking