215.21 Mortgage loans.

1,159 words·~5 min read·/wi/chapter-215/215-21-5

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

(1)Basic security required. Subject to such additional limitations as the division may prescribe, associations may make loans on the security of any of the following:

(a)A mortgage on real estate owned by the borrower in fee simple if the aggregate value of the mortgage and any current balance of any mortgage, lien and encumbrances does not exceed the appraised value of the real estate.

(b)Leasehold interests extending or renewable automatically for a period of at least 15 years beyond the maturity of the debt.

(c)An assignment or transfer of stock certificates or other evidence of the borrower’s ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101 , as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender’s rights in security given for a loan under this paragraph. The division shall promulgate joint rules with the office of credit unions that establish procedures for enforcing a lender’s rights in security given for a loan under this paragraph.

(3)Mortgage and mortgage note. Every mortgage loan shall be secured by a mortgage upon the real estate security and evidenced by a mortgage note.

(4)Priority of association’s mortgages.

(a)All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31

(i)and 292.81 , upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

(b)Any additional advance made to a borrower, where the mortgage and mortgage note provides for such additional advances, shall not exceed an amount specified in said mortgage.

(5)Maximum amount of loans to one borrower.

(a)The aggregate of loans that an association may make to any one borrower is subject to such limits as determined and prescribed by the division and review board, but not exceeding 10 percent of the aggregate savings accounts or the net worth of the association, whichever is less.

(b)The aggregate of loans to any one borrower shall consist of any loans made directly to the borrower and to any corporation of which the borrower is an officer, director or shareholder.

(6)Maximum periods of loan amortization.

(a)Direct reduction mortgage loans. The total monthly contractual payment on a direct reduction mortgage shall appear in the mortgage note. The division shall by regulation establish the maximum terms for the various types of direct reduction mortgages. The interest charges on loans of this type may be adjusted monthly or semiannually in accordance with the terms of the mortgage note.

(b)Straight mortgage loans. An association may make mortgage loans without the amortization of principal.

(7)Types of real estate security. An association may make loans on the following types of real estate security as defined by the division:

(a)Home type properties;

(b)Combination home-and-business type properties;

(c)Commercial type properties, the aggregate of which shall be fixed by the division;

(d)Vacant lands, subject to the limitations under sub.

(a).

(8)Insurance coverage of mortgaged premises.

(a)The borrower shall cause the buildings and improvements on any property on which the association has a mortgage to be insured and kept insured, unless the association maintains insurance under par.

(b), up to the full insurable value during the life of the loan, for the benefit of the association, against loss by fire, windstorm and such other hazards as the association requires. The selection of the insurance agent or insurer through which the insurance covering such property is to be negotiated shall be made in accordance with ss. 134.10 and 628.34

(5).

(b)The insurance policies or evidence or certificate of the existence of such insurance policies shall remain on deposit with the association until the loan is paid. An association which carries adequate insurance, issued by a company licensed to write insurance protecting the association from losses under par.

(a)at no cost to the borrower if the borrower fails to maintain insurance, shall not be required to request or record future insurance policies of the borrower if at the time of closing the mortgage transaction the borrower deposited with the association an acceptable policy or evidence or certificate of the existence of such an insurance policy, with a mortgage clause protecting the interest of the association.

(c)War damage insurance shall not be required unless the directors of the association, by resolution, demand that same be provided by the borrower.

(10)Additional collateral.

(a)Any association may accept, as additional collateral to its mortgage note, any other real estate, personal property or a policy of insurance on the life of any person who is a party to or responsible for the payment of the mortgage note. The association may be named beneficiary as well as absolute assignee of such life insurance and, to protect its interests therein, advance premiums thereon.

(b)Upon written request of any borrower, any association may accept as additional collateral a policy of health and accident insurance on the life of any person responsible for the repayment of the mortgage loan, and may, in the event of the borrower’s inability to pay premiums thereon, advance said premiums. Any premiums so advanced shall be added to the unpaid balance of the mortgage loan and become a part of the mortgage indebtedness.

(12)Insured or guaranteed loans. An association may make mortgage loans insured or guaranteed wholly or in part under the national housing act approved June 27, 1934, or the servicemen’s readjustment act of 1944, (P.L. 78-346 ). All mortgage loans made under this section shall be in accordance with federal law and regulations and ch. 219 .

(13)Purchasing of loans. Except as otherwise prescribed in s. 215.13

(21), an association may purchase mortgage loans from any person, provided that the association could have made such loans in the first instance. The association may enter into an agreement with the seller of such mortgages to service the loans.

(14)Selling loans. Except as otherwise prescribed in s. 215.13

(22)an association may sell mortgage loans, without recourse, to any person, and service such loans for the purchaser in accordance with a duly executed servicing agreement. The aggregate of loans sold in any calendar year shall not exceed such limits as may be set by the division and review board.

(15)Participation loans. Any association may participate with other lenders in mortgage loans of any type that such association may otherwise make if the real estate securing such loan is located within the United States, subject to such rules as the division issues, including the interest in participation loans to be retained by the originator.

(16)Unacceptable types of security.

(a)An association may make a mortgage loan on the security of vacant land, if the loan is any of the following: