20-1551. Rebates, commissions and charges

552 words·~3 min read·/az/title-20/20-1551

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 which secures the authorized real estate security or which is the fee of an insured lease, or any interest in such lease, or 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.

B. In connection with the placement of any mortgage guaranty insurance, a mortgage guaranty insurance company shall not cause or permit any commission, fee, remuneration or other compensation to be paid to or received by any insured lender or lessor, any subsidiary or affiliate of any insured, any officer, director or employee of any insured or any member of such person's immediate family, any corporation, partnership, trust, trade association in which any insured is a member or other entity in which any insured or any such officer, director or employee or any member of such person's immediate family has a financial interest, or any designee, trustee, nominee or other agent or representative of any of the foregoing.

C. A mortgage guaranty insurance company shall not make any rebate of any portion of the premium charge shown by the schedule required by section 20-1549, subsection B. A mortgage guaranty insurance company shall not quote any rate or premium charge to any person which is different than that currently available to others for the same type of coverage. The amount by which any premium charge is less than that called for by the current schedule of premium charges is an unlawful rebate.

D. Notwithstanding section 20-451, section 20-452, section 20-1553, subsection B or any other provision of this section, a mortgage guaranty insurance company may enter into an agreement with a mortgage lender or an affiliate of a mortgage lender to provide financial incentives to the mortgage lender for the performance of the mortgage loans insured by the mortgage guaranty insurance company. The agreement to provide financial incentives to mortgage lenders shall not take effect unless it is filed with the director and either approved or not disapproved within thirty days after being filed.

The director's disapproval shall be in writing and shall specify the reason for the disapproval. The director shall approve the agreement upon finding that:

1. The agreement is not contrary to other applicable law.

2. The agreement is supported by information that establishes that the mortgage guaranty insurer's rates are not inadequate when considered in conjunction with the financial incentives of the agreement.

E. The director may after notice and hearing suspend or revoke the certificate of authority of any mortgage guaranty insurance company, or in the director's discretion, issue a cease and desist order to any mortgage guaranty insurance company which pays any commission or makes any unlawful rebate in willful violation of the provisions of this article. In the event of the issuance of a cease and desist order, the director may, after notice and hearing, suspend or revoke the certificate of authority of any mortgage guaranty insurance company which does not comply with the terms of such certificate.