The spate of state military relief acts that followed the terrorist attacks in September seems to have run it course. But several other trends in mortgage regulation have taken its place, according to a mortgage industry attorney who keeps tabs on state law makers.

For one thing, more and more states are either adopting continuing education requirements for mortgage lenders and brokers, or increasing the requirements they already had on their books. In addition, more states are demanding that lenders report the names as people who leave their employ as well as that of new hires.

And in another "hot button" spotted by Andrea Lee Negroni of Goodwin Proctor, a Washington law firm, regulators are demonstrating a greater inclination toward not only enforcement actions but also demanding restitution from mortgage concerns which break their laws.

It used to be that regulators would simply threaten to revoke a violator's license or make them pay a monetary penalty, Negroni said. But more recently, they are seeking reimbursement of fees paid by borrowers as well as civil fines.

"There appears to be a movement in the enforcement community toward putting damages and dollars back in the pockets of consumers, and a movement away from mere administrative remedies," she said.

Negroni cited California's recent case against Household Finance and its affiliate, Beneficial Inc., as an example of the movement.

The two companies, charged with collecting excess administrative fees in nearly 2,000 loans, were sued by the state, which sought civil penalties of $8.5 million. But they settled out of court by agreeing to refund all excess charges. They paid back nearly $3 million.

And in New York, the state sanctioned Transglobal Mortgage Corp. for failing to disclose broker fees paid by the borrower and failing to refund excess appraisal and credit report charges in nearly 300 cases. The company also was ordered to pay consumer restitution of $115,000 and a fine of $50,000 to the Superintendent of Banks.

Though she hasn't seen any signs of it yet, Negroni also expects a number of states to follow California's lead by requiring lenders to disclose loan applicants' credit scores and the four key factors that led to their particular number.

And in another trend worth watching, Leonard Bernstein, who chairs the Consumer Financial Services Group at Reed Smith, a Philadelphia law firm, said states' attorneys general, not just their banking departments, are stepping up their oversight of the mortgage business within their borders.

"Enforcement actions are not always brought by bank regulators," Bernstein pointed out. "A lot of times, they come from the AG's office."

Meanwhile, in the last six months, at least five states -- Maryland, North Carolina, Ohio, Oregon and West Virginia -- have increased their continuing ed requirements.

"It used to be only Florida and Arizona" that required lenders and brokers to go back to school, Negroni said. "Now a dozen do so, and there's more to come."

Requirements vary from six hours a year to as much as 20, she also reported.

The growing requirement among states that lenders report the names of departing employees is an attempt to keep an eye on people who are not properly licensed or have not met continuing education requirements so they can't go to work for someone else, the Washington attorney explained.

Meanwhile, the trend among states to do something for military personnel living within their borders has slowed considerably. Since 9-11, Iowa, Wisconsin and New Jersey have passed military relief acts.

In Iowa, the interest rate on service members' obligations must be reduced to 6 percent while they are on active duty, and no foreclosure can occur during a member's active duty or for three months thereafter.

Wisconsin also now reduces the interest rate to 6 percent and a person who participates in a prohibited foreclosure process against someone on active duty can be fined up to $10,000 or imprisoned for up to 9 months.

Published: May 8, 2002

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When Lew Sichelman first started writing about housing in 1969, he was the youngest real estate writer in the country. Now, 37 years later, he's one of the oldest -- and most decorated. He has been rated the top housing columnist in the country by the National Association of Realtors as well as by his peers in the National Association of Real Estate Editors. Indeed, NAREE has recognized his work on numerous occasions. One year - due to his advancing age, he can't recall which one - he earned top honors in the annual NAREE Journalism Contest in three out of the four major writing categories. It was the first time one writer has won so many NAREE awards in a single year. Known for his ability to make even the most difficult topics understandable, Sichelman also has been honored by the National Association of Home Builders and the Mortgage Bankers Association. He began providing in-depth coverage of and consumer-oriented information about housing and housing finance at the Washington Daily News, where he was real estate editor. He held that same position for nine more years at the Washington Star, which purchased the News in 1972. The Star, a so-called "writer's newspaper" which also had the misfortune of being an evening paper, was put out of its misery in 1981, and Sichelman, who had begun self-syndicating his column in 1978, decided to become a full-time columnist. Today, his column, "The Housing Scene," is distributed by United Media to newspapers throughout the country. He also is on the staff of National Mortgage News, an independent newspaper which is considered the bible of the mortgage business. And he writes for numerous other publications, including MarketWatch.com, where he answers readers questions once a week, Sports Illustrated (don't ask), RealtyTimes.com, BigBuilder and others. Sichelman is married, the father of five and grandfather of eleven.