O.C.G.A.

O.C.G.A. § 7-1-1014 (2019)

Regulations governing disclosure required to applicants for mortgage loans

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements: (1) Any person required to be licensed under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any third-party fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower’s property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards.

History

Code 1981, § 7-1-1014, enacted by Ga. L. 1993, p. 543, § 1; Ga. L. 1994, p. 570, § 10; Ga. L. 2001, p. 970, § 16; Ga. L. 2009, p. 252, § 1/HB 312; Ga. L. 2024, p. 354, § 1-31/HB 876, effective July 1, 2024.

Amendments. The 2024 amendment, effective July 1, 2024, deleted “or registered” following “licensed” near the beginning of paragraphs (1), (2), and (3).

Notes of Decisions
Cited in 2 cases, 2011–2020 · leading case: Hartford Fire Ins. Co. v. iFreedom Direct Corp., 718 S.E.2d 103 (Ga. Ct. App. 2011).
Hartford Fire Ins. Co. v. iFreedom Direct Corp., 718 S.E.2d 103 (Ga. Ct. App. 2011). · cites it 2× “Likewise, the Act plainly sets forth numerous requirements for mortgage lenders, including rules regarding the contents, posting and transferring of licenses (OCGA § 7-1-1006); regulations governing mortgage loan disclosures (OCGA § 7-1-1014); and regulations relative to…”
Christain v. The Okefenokee Charlton Trust (S.D. Ga. 2020). “§ 7-1-1014(3)), Plaintiffs also assert what appear to be contract claims, requesting this Court find certain provisions of their Deed of Trust “unconscionable and unenforceable” under both Georgia and Federal law.”
— 7-1-1014(3) — 1 case
Christain v. The Okefenokee Charlton Trust (S.D. Ga. 2020). “§ 7-1-1014(3)), Plaintiffs also assert what appear to be contract claims, requesting this Court find certain provisions of their Deed of Trust “unconscionable and unenforceable” under both Georgia and Federal law.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.