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S1406.......................................by COMMERCE AND HUMAN RESOURCES MORTGAGE GUARANTY INSURANCE - Amends existing law to revise the definition of authorized real property security for mortgage guaranty insurance purposes. 02/08 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Com/HuRes 02/15 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 30-0-5 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler NAYS -- None Absent and excused -- Frasure, Goedde, Marley, Sandy, Williams Floor Sponsor - Stegner Title apvd - to House 02/22 House intro - 1st rdg - to Bus 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 55-0-15 AYES -- Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Hadley, Hammond, Henbest, Jaquet, Kellogg(Duncan), Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Mr. Speaker NAYS -- None Absent and excused -- Aikele, Barrett, Clark, Field(20), Gould, Harwood, Higgins, Hornbeck, Jones, Kendell, Raybould, Roberts, Sellman, Wood, Young Floor Sponsor - Gagner Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/26 Governor signed Session Law Chapter 300 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1406 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MORTGAGE GUARANTY INSURANCE; AMENDING SECTION 41-2651, IDAHO CODE, 3 TO REVISE THE DEFINITION OF "AUTHORIZED REAL PROPERTY SECURITY." 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 41-2651, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 41-2651. DEFINITIONS. In this chapter unless context or subject matter 8 otherwise requires: 9 (1) "Mortgage guaranty insurance" means: 10 (a) Insurance against financial loss by reason of nonpayment of princi- 11 pal, interest and other sums agreed to be paid under the terms of any note 12 or bond or other evidence of indebtedness secured by a mortgage, deed of 13 trust, or other instrument constituting a lien or charge on real property, 14 provided the improvement on such real property is a residential building 15 or buildings designed for occupancy by not more than four (4) families, or 16 a condominium unit. 17 (b) Insurance against financial loss by reason of nonpayment of princi- 18 pal, interest and other sums agreed to be paid under the terms of any note 19 or bond or other evidence of indebtedness secured by a mortgage, deed of 20 trust, or other instrument constituting a lien or charge on real property, 21 provided the improvement on such real property is a building or buildings 22 designed for occupancy by five (5) or more families or designed to be 23 occupied for industrial or commercial purposes. 24 (c) Insurance against financial loss by reason of nonpayment of rent and 25 other sums agreed to be paid under the terms of a written lease for the 26 possession, use or occupancy of real property, provided the improvement on 27 such real property is a building or buildings designed to be occupied for 28 industrial or commercial purposes. 29 (2) "Authorized real property security" for the purposes of paragraphs 30 (a) and (b) of subsection (1) of this section means an amortized note, bond or 31 other evidence of indebtedness, not exceeding one hundred three percent 32 (1003%) of the fair market value of the real estate, secured by a mortgage, 33 deed of trust, or other instrument constituting a first lien or charge on real 34 property with any percentage in excess of one hundred percent (100%) being 35 used to finance fees and closing costs on such indebtedness; provided: 36 (a) The real property loan secured in such manner is one which a bank, 37 savings and loan association, or an insurance company, which is supervised 38 and regulated by a department of this state or an agency of the federal 39 government, is authorized to make. 40 (b) The improvement on such real property is a building or buildings 41 designed for occupancy as specified by paragraphs (a) and (b) of subsec- 42 tion (1) of this section. 43 (c) The lien on such real property may be subject and subordinate to the 2 1 following: 2 (i) The lien of any public bond, assessment, or tax, when no 3 installment, call or payment of or under such bond, assessment or tax 4 is delinquent. 5 (ii) Outstanding mineral, oil or timber rights, rights-of-way, ease- 6 ments or rights-of-way of support, sewer rights, building restric- 7 tions or other restrictions or covenants, conditions or regulations 8 of use, or outstanding leases upon such real property under which 9 rents or profits are reserved to the owner thereof. 10 (3) "Contingency reserve" means an additional premium reserve established 11 for the protection of policyholders against the effect of adverse economic 12 cycles or losses. 13 (4) "Policyholders' surplus" means the aggregate of paid-in capital 14 stock, surplus and contingency reserve.
STATEMENT OF PURPOSE RS 11948 This proposed legislation amends Idaho Code 41-2651(2) of the Idaho Mortgage Guarantee Insurance Act. The proposed language modifies the definition of "authorized real property security" by increasing the "LTV" percentage from 100 to 103. (LTV is the ratio of the original principal balance of a loan to the property value at origination.) This allows mortgage insurance companies to issue private mortgage guarantee insurance for up to 103 percent of the value of the property at the time of loan origination. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: Steven J. Tobiason, Kane & Tobiason, LLP Phone: 342-4545 / 867-6123 cell STATEMENT OF PURPOSE/FISCAL NOTE S 1406