Section 397-A:23 – Severability.
397-A:23 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected and to this end the provisions of this chapter are severable. Source. 2016, 289:1, […]
Section 397-A:22 – Administration by Commissioner; Rulemaking.
397-A:22 Administration by Commissioner; Rulemaking. – I. The commissioner shall administer and enforce the provisions of this chapter. II. Pursuant to RSA 541-A, the commissioner may adopt such rules as he or she deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter, […]
Section 397-A:15 – Borrower’s Rights.
397-A:15 Borrower’s Rights. – I. A borrower may pre-pay a first mortgage loan, in whole or in part, at any time. Partial prepayments of principal shall be applied on the due date of the next regularly scheduled payment. Prepayments in full ("payoff") shall be credited on the date received, except as provided under United […]
Section 397-A:15-a – Consumer Inquiries.
397-A:15-a Consumer Inquiries. – I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 10 days after receipt of such […]
Section 397-A:16 – Lender’s Rights and Broker’s Rights.
397-A:16 Lender’s Rights and Broker’s Rights. – I. Mortgage bankers, mortgage brokers, or mortgage servicers may charge fees and points for services rendered in conjunction with the origination, closing, and servicing of loans. If any fee is collected in advance of the closing of the loan, the mortgage banker or mortgage broker shall provide […]
Section 397-A:16-a – Lender’s and Borrower’s Rights; Second Mortgage Debt.
397-A:16-a Lender’s and Borrower’s Rights; Second Mortgage Debt. – I. The allowable rate of interest computed on the unpaid balance that any person may directly or indirectly charge, take, or receive for a second mortgage loan secured by property which is occupied in whole or in part at the time said loan is made […]
Section 397-A:17 – Violations.
397-A:17 Violations. – I. The banking department may issue and serve upon any licensee or person over whom it has jurisdiction a complaint setting forth charges whenever the department is of the opinion that the licensee or person is violating or has violated any provision of this chapter or any rule or order under […]
Section 397-A:18 – Order to Show Cause.
397-A:18 Order to Show Cause. – I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner’s jurisdiction to show cause why the license should not be revoked or suspended, or penalties imposed, or both, for violations of this chapter. II. (a) […]
Section 397-A:19 – Cease and Desist.
397-A:19 Cease and Desist. – I. The commissioner may issue a cease and desist order against any licensee or person who it has reasonable cause to believe is in violation of the provisions of this chapter or any rule or order under this chapter. The order shall give notice of the facts or conduct […]
Section 397-A:20 – Penalties.
397-A:20 Penalties. – I. Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each violation if a natural person, or guilty of a felony if any other person. I-a. Any person who willfully violates any provisions of RSA 397-A:17, III or IV or a cease and desist […]