Mortgage Model Guarantee Act
Mortgage Model Guarantee Act
Mortgage Model Guarantee Act
Table of Contents
Section 1. Title
Section 2. Definitions
Section 3. Capital and Surplus
Section 4. Insurers Authority to Transact Business
Section 5. Geographic Concentration
Section 6. Advertising
Section 7. Investment Limitation
Section 8. Coverage Limitation
Section 9. Mortgage Guaranty Insurance as Monoline
Section 10. Underwriting Discrimination
Section 11. Policy Forms and Premium Rates Filed
Section 12. Outstanding Total Liability
Section 13. Rebates, Commissions and Charges
Section 14. Compensating Balances Prohibited
Section 15. Conflict of Interest
Section 16. Reserves
Section 17. Regulations
Section 1. Title
Section 2. Definitions
The definitions set forth in this Act shall govern the construction of the terms used in this Act but
shall not affect any other provisions of the code.
A. Authorized real estate security, for the purpose of this Act, means an amortized
note, bond or other evidence of indebtedness, not exceeding ninety-five percent (95%)
of the fair market value of the real estate, secured by a mortgage, deed of trust, or
other instrument that constitutes, or is equivalent to, a first lien or charge on real
estate; provided:
(1) The real estate loan secured in this manner is one of a type that a bank,
savings and loan association, or an insurance company, which is supervised
and regulated by a department of this state or an agency of the federal
government, is authorized to make, or would be authorized to make,
disregarding any requirement applicable to such an institution that the
amount of the loan not exceed a certain percentage of the value of the real
estate;
(2) The improvement on the real estate is a building or buildings designed for
occupancy as specified by Subsections A(1) and A(2) of this section; and
(3) The lien on the real estate may be subject to and subordinate to the following:
(a) The lien of any public bond, assessment or tax, when no installment,
call or payment of or under the bond, assessment or tax is delinquent;
and
A mortgage guaranty insurance company shall not transact the business of mortgage guaranty
insurance unless, if a stock insurance company, it has paid-in capital of at least $1,000,000 and paid-
in surplus of at least $1,000,000, or if a mutual insurance company, a minimum initial surplus of
$2,000,000. A stock company or a mutual company shall at all times thereafter maintain a minimum
policyholders surplus of at least $1,500,000.
No mortgage guaranty insurance company may issue policies until it has obtained from the
commissioner of insurance a certificate setting forth that fact and authorizing it to issue policies.
A. A mortgage guaranty insurance company shall not insure loans secured by a single
risk in excess of ten percent (10%) of the companys aggregate capital, surplus and
contingency reserve.
B. No mortgage guaranty insurance company shall have more than twenty percent
(20%) of its total insurance in force in any one Standard Metropolitan Statistical
Area (SMSA), as defined by the United States Department of Commerce.
C. The provisions of this section shall not apply to a mortgage guaranty insurance
company until it has possessed a certificate of authority in this state for three (3)
years.
Section 6. Advertising
A mortgage guaranty insurance company shall not invest in notes or other evidences of indebtedness
secured by mortgage or other lien upon real property. This section shall not apply to obligations
secured by real property, or contracts for the sale of real property, which obligations or contracts of
sale are acquired in the course of the good faith settlement of claims under policies of insurance
issued by the mortgage guaranty insurance company, or in the good faith disposition of real property
so acquired.
A mortgage guaranty insurance company shall limit its coverage net of reinsurance ceded to a
reinsurer in which the company has no interest to a maximum of twenty-five percent (25%) of the
entire indebtedness to the insured or in lieu thereof, a mortgage guaranty insurance company may
elect to pay the entire indebtedness to the insured and acquire title to the authorized real estate
security.
A. All policy forms and endorsements shall be filed with and be subject to the approval
of the commissioner. With respect to owner-occupied, single-family dwellings, the
mortgage guaranty insurance policy shall provide that the borrower shall not be
liable to the insurance company for any deficiency arising from a foreclosure sale.
B. In addition, each mortgage guaranty insurance company shall file with the
department the rate to be charged and the premium including all modifications of
rates and premiums to be paid by the policyholder.
C. Every mortgage guaranty insurance company shall adopt, print and make available a
schedule of premium charges for mortgage guaranty insurance policies. Premium
charges made in conformity with the provisions of this Act shall not be deemed to be
interest or other charges under any other provision of law limiting interest or other
charges in connection with mortgage loans. The schedule shall show the entire
amount of premium charge for each type of mortgage guaranty insurance policy
issued by the insurance company.
NOTE: Open rating states may delete a portion or all of this provision and insert their own rating law.
A mortgage guaranty insurance company shall not at any time have outstanding a total liability, net
of reinsurance, under its aggregate mortgage guaranty insurance policies exceeding twenty-five (25)
times its capital, surplus and contingency reserve. In the event that any mortgage guaranty
insurance company has outstanding total liability exceeding twenty-five (25) times its capital,
surplus and contingency reserve, it shall cease transacting new mortgage guaranty business until
such time as its total liability no longer exceeds twenty-five (25) times its capital, surplus and
contingency reserve. Total outstanding liability shall be calculated on a consolidated basis for all
mortgage guarantee insurance companies that are part of a holding company system.
A. A mortgage guaranty insurance company shall not pay or cause to be paid either
directly or indirectly, to any owner, purchaser, lessor, lessee, mortgagee or
prospective mortgagee of the real property that secures the authorized real estate
security or that is the fee of an insured lease, or any interest therein, or to any person
who is acting as an agent, representative, attorney or employee of such owner,
purchaser or mortgagee, any commission, or any part of its premium charges or any
other consideration as an inducement for or as compensation on any mortgage
guaranty insurance business.
C. No mortgage guaranty insurance company shall make a rebate of any portion of the
premium charge shown by the schedule required by Section 11C. No mortgage
guaranty insurance company shall quote any rate or premium charge to a person
that is different than that currently available to others for the same type of coverage.
The amount by which a premium charge is less than that called for by the current
schedule of premium charges is an unlawful rebate.
D. The commissioner may, after notice and hearing, suspend or revoke the certificate of
authority of a mortgage guaranty insurance company, or in his or her discretion,
issue a cease and desist order to a mortgage guaranty insurance company that pays a
commission or makes an unlawful rebate in willful violation of the provisions of this
Act. In the event of the issuance of a cease and desist order, the commissioner may,
after notice and hearing, suspend or revoke the certificate of authority of a mortgage
guaranty insurance company that does not comply with the terms thereof.
Except for commercial checking accounts and normal deposits in support of an active bank line of
credit, a mortgage guaranty insurance company, holding company or any affiliate thereof is
prohibited from maintaining funds on deposit with the lender for which the mortgage guaranty
insurance company has insured loans. Any deposit account bearing interest at rates less than what
is currently being paid other depositors on similar deposits or any deposit in excess of amounts
insured by an agency of the federal government shall be presumed to be an account in violation of
this section. Furthermore, a mortgage guaranty insurance company shall not use compensating
balances, special deposit accounts or engage in any practice that unduly delays its receipt of monies
due or that involves the use of its financial resources for the benefit of any owner, mortgagee of the
real property or any interest therein or any person who is acting as agent, representative, attorney
or employee of the owner, purchaser or mortgagee as a means of circumventing any part of this
section.
B. Loss Reserve
A mortgage guaranty insurance company shall compute and maintain adequate case
basis and other loss reserves that accurately reflect loss frequency and loss severity
and shall include components for claims reported and for claims incurred but not
reported, including estimated losses on:
(1) Insured loans that have resulted in the conveyance of property that remains
unsold;
(3) Insured loans in default for four (4) months or for any lesser period that is
defined as default for such purposes in the policy provisions; and
(4) Insured leases in default for four (4) months or for any lesser period that is
defined as default for such purposes in policy provisions.
C. Contingency Reserve
If the coverage provided in this Act exceeds the limitations set forth herein, the
commissioner of insurance shall establish a rate formula factor that will produce a
contingency reserve adequate for the added risk assumed. The face amount of an
insured mortgage shall be computed before any reduction by the mortgage guaranty
insurance companys election to limit its coverage to a portion of the entire
indebtedness.
D. Reinsurance
E. Miscellaneous
(1) Whenever the laws of any other jurisdiction in which a mortgage guaranty
insurance company subject to the requirement of this Act is also licensed to
transact mortgage guaranty insurance require a larger unearned premium
reserve or contingency reserve in the aggregate than that set forth herein,
the establishment of the larger unearned premium reserve or contingency
reserve in the aggregate shall be deemed to be in compliance with this Act.
(2) Unearned premium reserves and contingency reserves shall be computed and
maintained on risks insured after the effective date of this Act as required by
Subsections A and C. Unearned premium reserves and contingency reserves
on risks insured before the effective date of this Act may be computed and
maintained as required previously.
The commissioner shall have the authority to promulgate rules and regulations deemed necessary to
effectively implement the requirements of this Act.
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Chronological Summary of Actions (all references are to the Proceedings of the NAIC).
This chart is intended to provide readers with additional information to more easily
access state statutes, regulations, bulletins or administrative rulings related to the NAIC
model. Such guidance provides readers with a starting point from which they may review
how each state has addressed the model and the topic being covered. The NAIC Legal
Division has reviewed each states activity in this area and has determined whether the
citation most appropriately fits in the Model Adoption column or Related State Activity
column based on the definitions listed below. The NAICs interpretation may or may not
be shared by the individual states or by interested readers.
This chart does not constitute a formal legal opinion by the NAIC staff on the provisions
of state law and should not be relied upon as such. Nor does this state page reflect a
determination as to whether a state meets any applicable accreditation standards. Every
effort has been made to provide correct and accurate summaries to assist readers in
locating useful information. Readers should consult state law for further details and for
the most current information.
KEY:
MODEL ADOPTION: States that have citations identified in this column adopted the most recent
version of the NAIC model in a substantially similar manner. This requires states to adopt the
model in its entirety but does allow for variations in style and format. States that have adopted
portions of the current NAIC model will be included in this column with an explanatory note.
RELATED STATE ACTIVITY: Examples of Related State Activity include but are not limited to:
older versions of the NAIC model, statutes or regulations addressing the same subject matter, or
other administrative guidance such as bulletins and notices. States that have citations identified in
this column only (and nothing listed in the Model Adoption column) have not adopted the most
recent version of the NAIC model in a substantially similar manner.
NO CURRENT ACTIVITY: No state activity on the topic as of the date of the most recent update.
This includes states that have repealed legislation as well as states that have never adopted
legislation.
Proceedings Citations
Cited to the Proceeding of the NAIC
A special task force was appointed by the Subcommittee on Essential Insurance to look at a number
of issues related to mortgage guaranty insurance. The areas of concern into which the task force
should make inquiry included: rating, underwriting, reinsurance, contingency reserves, unearned
premium reserves, losses and loss adjustment reserves, agents' licensing, admission requirements,
multiple line or monoline, and conflict of interest. 1975 Proc. I 866.
The goal of the committee was to develop a model law and regulation by December of 1975. A trade
association offered to provide each commissioner with a copy of a study on private mortgage
insurance sponsored by the Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation. The study assessed the mortgage insurance industry's financial strength,
competitive position and procedures, investment policies, accounting techniques and underwriting
practices. 1975 Proc. II 477-478.
The drafters concluded that the scope of the proposed model bill should be broad enough to contain
all pertinent and required regulatory provisions yet concise enough to constitute enabling legislation
to be implemented by regulations or directives in those jurisdictions where needed. As they drafted
the model act, the task force still felt it was important to also develop a regulation to implement the
model act. 1976 Proc. I 625.
Section 1. Title
Section 2. Definitions
A. The exposure draft contained definitions for residential mortgage guaranty insurance,
commercial mortgage guaranty insurance and lease guaranty insurance, instead of the single
consolidated definition adopted. 1976 Proc. I 626.
The exposure draft suggested a minimum surplus to be maintained of $500,000 for a stock company
and $1,500,000 for a mutual company. These figures were changed before final adoption. 1976
Proc. I 627.
The exposure draft contained a limitation on insuring loans in a single or contiguous housing or
commercial tract in excess of ten percent of the company's assets. 1976 Proc. I 627.
In 1978 the Executive Committee noted that the NAIC Proceedings incorrectly contained an early
version of the model rather than the one adopted. 1979 Proc. I 49. One of the errors corrected was
to replace the contiguous tract language with a more exact definition from the United States
Department of Commerce. 1979 Proc. I 968.
Section 6. Advertising
Proceedings Citations
Cited to the Proceeding of the NAIC
The exposure draft of the model contained only the first paragraph. When the definitions were
revised, a second paragraph was added which contained the first part of Subsection B. 1976 Proc. I
628.
After adoption the draft was corrected to show it should also have included the second part of
Subsection B. 1979 Proc. I 968.
C. Subsection C was added to the draft after comments on the exposure draft were received.
1976 Proc. I 628.
C. A drafting note was added when the draft was corrected to clarify the application of
Subsection C. 1979 Proc. I 968.
One of the corrections made in 1978 was to show the model should have contained the last sentence
of this section which had been omitted. 1979 Proc. I 968.
D. The last sentence of Subsection D did not appear in the exposure draft, but was added after
comments were received by the task force. 1976 Proc. I 628.
There was considerable reworking of this section in the period of time between exposure of the draft
and adoption. 1976 Proc. I 629.
The draft of this section printed in the Proceedings contained an incorrect version. It was reprinted
in 1978 with the correct language. 1979 Proc. I 969.
Proceedings Citations
Cited to the Proceeding of the NAIC
A. Although it was the intent of the drafters to develop a model regulation, this was not done
after the task force prepared the model act. 1975 Proc. II 477.
B. When adopted the model contained an obvious typographical error. The version printed in
the Proceedings spoke of components for claims reported "and unpaid". The corrections printed in
1978 showed those two words should not have been included. 1979 Proc. I 968-969.
D. The subsection on reinsurance was not included in the exposure draft, but was added before
adoption by the NAIC. 1976 Proc. I 630.
This section was not part of the exposure draft, even though the task force had voiced its intention to
develop regulations. 1976 Proc. I 630.
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Proceedings Citations
Cited to the Proceeding of the NAIC