2002 Legislation
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SENATE BILL NO. 1406 – Mortgage guaranty ins/security

SENATE BILL NO. 1406

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact



                       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