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Minnesota and New Hampshire Legislative Update

The Minnesota legislature has amended its licensing laws with respect to manufactured home dealers and salespersons, effective August 1, 2019.  The New Hampshire legislature has amended its notary laws effective August 4, 2019.

 

MINNESOTA HOUSE FILE 990

 

A manufactured home dealer or salesperson is now exempt from residential mortgage originator licensing requirements if they:

 

  • Perform only clerical or support duties but do not offer or negotiate loan terms or hold themselves out as a housing counselor;
  • Do not receive any direct or indirect compensation or gain for assisting consumers with a residential mortgage loan application in excess of the customary salary or commission in connection with the sales transaction; and
  • Disclose to the borrower in writing:
    • If a corporate affiliation with a lender exists;
    • If a corporate affiliation with a lender exists, that the lender cannot guarantee the lowest or best terms available and the consumer has the right to choose their lender; and
    • If a corporation affiliation with a lender exists, the name of at least one unaffiliated lender.

 

New Hampshire House Bill 256

 

New Hampshire’s notary laws have been amended to establish reciprocity for notaries in bordering states.

 

A resident of a bordering state who is a registered notary in that state and who carries on a trade, business, or practice in New Hampshire may apply for commissioning as a notary public in New Hampshire.  Previously, all notaries commissioned as a notary in New Hampshire were required to be a resident of New Hampshire.

 

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Diane Jenkins

Director, National Mortgage Compliance Practice Group, AsurityDocs Of Counsel, Sandler Law Group

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