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Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0076 - Mortgage Brokerage And Mortgage Lending - Servicing audits.

Legal Research Home > Florida Lawyer > Regulation Of Trade Commerce Investments and Solicitations > Florida Regulation Of Trade, Commerce, Investments, And Solicitations Code Section 494.0076 - Mortgage Brokerage And Mortgage Lending - Servicing audits.

Title XXXIII   REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 494   MORTGAGE BROKERAGE AND MORTGAGE LENDING

494.0076  Servicing audits.--

(1)(a)  Each licensee under ss. 494.006-494.0077 which services mortgage loans shall:

1.  Maintain a segregated set of records for accounts that are serviced by the licensee.

2.  Have a separate, segregated depository account for all receipts relating to servicing.

(b)  For fiscal years ending after January 1, 1992, such records and receipts shall be audited annually pursuant to the Uniform Single Audit Program for Mortgage Bankers as approved by the Mortgage Bankers Association of America with the cooperation of the American Institute of Certified Public Accountants.

(c)  The audited statement shall be maintained at the licensee's place of business.

(2)(a)  In lieu of the audit referred to in subsection (1), a person who services an aggregate value of less than $7.5 million in outstanding mortgage loans, excluding mortgage loans serviced under contract as an agent for federal, state, or municipal agencies, may obtain a fidelity bond, financial guaranty bond, fidelity insurance, or other financial guaranty providing protection against theft, loss, or other illegal diversion of funds for any amounts normally held by such person.

(b)  The commission may adopt rules to ensure that investors are adequately protected under this subsection.

History.--ss. 48, 50, ch. 91-245; s. 4, ch. 91-429; s. 546, ch. 2003-261.

Last modified: November 21, 2006