GENERAL ASSEMBLY OF NORTH CAROLINA
                          SESSION 1999


                      SESSION LAW 1999-332
                        SENATE BILL 1149


AN  ACT  TO  MODIFY  PERMISSIBLE FEES WHICH  MAY  BE  CHARGED  IN
  CONNECTION WITH HOME LOANS SECURED BY FIRST MORTGAGE  OR  FIRST
  DEED  OF TRUST, TO IMPOSE RESTRICTIONS AND LIMITATIONS ON HIGH-
  COST HOME LOANS, TO REVISE THE PERMISSIBLE FEES AND CHARGES  ON
  CERTAIN  LOANS,  TO PROHIBIT UNFAIR OR DECEPTIVE  PRACTICES  BY
  MORTGAGE  BROKERS  AND  LENDERS,  AND  TO  PROVIDE  FOR  PUBLIC
  EDUCATION AND COUNSELING ABOUT PREDATORY LENDERS.

The General Assembly of North Carolina enacts:

          Section 1.  G.S. 24-1.1A reads as rewritten:
"§  24-1.1A. Contract rates on home  loans  secured  by
first mortgages or first deeds of trust.
       (a)   Notwithstanding   any  other   provision   of   this
Chapter,  Chapter,   but   subject   to   the
provisions  of  G.S.  24-1.1E, parties to  a  home  loan  may
contract in writing as follows:
           (1)      Where  the principal amount is  ten  thousand
     dollars  ($10,000) or more the parties may contract for  the
     payment of interest as agreed upon by the parties;
           (2)      Where the principal amount is less  than  ten
     thousand dollars ($10,000) the parties may contract for  the
     payment  of interest as agreed upon by the parties,  if  the
     lender  is  either  (i)  approved  as  a  mortgagee  by  the
     Secretary  of  Housing  and Urban Development,  the  Federal
     Housing       Administration,      the      Veterans
     Administration,    Department    of     Veterans
     Affairs, a national mortgage association or any  federal
     agency;  or (ii) a local or foreign bank, savings  and  loan
     association or service corporation wholly owned  by  one  or
     more  savings and loan associations and permitted by law  to
     make home loans, credit union or insurance company; or (iii)
     a State or federal agency;
           (3)      Where the principal amount is less  than  ten
     thousand  dollars ($10,000) and the lender is not  a  lender
     described  in the preceding subdivision (2) the parties  may
     contract  for  the  payment of interest  not  in  excess  of
     sixteen percent (16%) per annum.
           (4)      Notwithstanding any other provision  of  law,
     where  the  lender  is an affiliate operating  in  the  same
     office  or  subsidiary operating in the  same  office  of  a
     licensee under the North Carolina Consumer Finance Act,  the
     lender  may  charge  interest to be  computed  only  on  the
     following   basis:  monthly  on  the  outstanding  principal
     balance  at a rate not to exceed the rate provided  in  this
     subdivision.
                   On  the  fifteenth  day  of  each  month,  the
     Commissioner of Banks shall announce and publish the maximum
     rate  of  interest permitted by this subdivision. Such  rate
     shall  be the latest published noncompetitive rate for  U.S.
     Treasury bills with a six-month maturity as of the fifteenth
     day  of  the month plus six percent (6%), rounded upward  or
     downward, as the case may be, to the nearest one-half of one
     percent  (1/2 of 1%) or fifteen percent (15%), whichever  is
     greater. If there is no nearest one-half of one percent (1/2
     of  1%), the Commissioner shall round downward to the  lower
     one-half  of one percent (1/2 of 1%). The rate so  announced
     shall  be  the maximum rate permitted for the term of  loans
     made  under this section during the following calendar month
     when the parties to such loans have agreed that the rate  of
     interest  to  be  charged  by the lender  and  paid  by  the
     borrower  shall not vary or be adjusted during the  term  of
     the  loan. The parties to a loan made under this section may
     agree  to a rate of interest which shall vary or be adjusted
     during  the term of the loan in which case the maximum  rate
     of  interest  permitted on such loans during a month  during
     the  term  of  the loan shall be the rate announced  by  the
     Commissioner in the preceding calendar month.
                  An  affiliate operating in the same  office  or
     subsidiary operating in the same office of a licensee  under
     the  North Carolina Consumer Finance Act may not make a home
     loan  for  a term in excess of six (6) months which provides
     for a balloon payment.  For purposes of this subdivision,  a
     balloon  payment means any scheduled payment  that  is  more
     than  twice  as  large as the average of  earlier  scheduled
     payments.  This subsection does not apply to equity lines of
     credit as defined in G.S. 45-81.
       (b)  No prepayment fees shall be contracted by the
borrower  and  lender  with respect to any home  loan  where  the
principal  amount  borrowed  is  one  hundred  thousand   dollars
($100,000) or less; otherwise a lender and a borrower  may  agree
on  any  terms  as  to  the prepayment of a  home  loan.
Except  as  provided in subdivision (1) of this subsection,  a
lender and a borrower may agree on any terms as to the prepayment
of a home loan.
          (1)     No prepayment fees or penalties shall
     be contracted by the borrower and lender with respect to any
     home loan in which: (i) the principal amount borrowed is one
     hundred fifty thousand dollars ($150,000) or less, (ii)  the
     borrower is a natural person, (iii) the debt is incurred  by
     the  borrower  primarily for personal, family, or  household
     purposes,  and (iv) the loan is secured by a first  mortgage
     or  first  deed of trust on real estate upon which there  is
     located  or there is to be located a structure or structures
     designed  principally for occupancy  of  from  one  to  four
     families which is or will be occupied by the borrower as the
     borrower's principal dwelling.
           (2)      The limitations on prepayment  fees
     and  penalties  contained  in  subdivision  (b)(1)  of  this
     section  shall not apply to the extent state law limitations
     on  prepayment fees and penalties are preempted  by  federal
     law or regulation.
      (c)  Except as limited by subsection (b)  above,  a
lender  may  charge  to the borrower the fees described  in  G.S.
24-10.  Provided,  if  the  loan is one described  in  subsection
(a)(1)  or subsection (a)(2) above, the parties may agree to  the
payment of discount points, commitment fees, finance charges,  or
other  similar charges agreed upon by the parties notwithstanding
the  provisions of any state law limiting the amount of  discount
points, commitment fees, finance charges or other similar charges
which may be charged, taken, received or reserved with respect to
a home loan. Provided further, that no lender on loans under G.S.
24-1.1A(a)(3)  may charge or receive any fees or discount  points
other than the interest permitted in G.S. 24-1.1A(a)(3).
If  the  home loan is one described in subdivision  (a)(1)  or
subdivision  (a)(2) of this section, the lender  may  charge  the
borrower  the following fees and charges in addition to  interest
and  other fees and charges as permitted in this section and late
payment charges as permitted in G.S. 24-10.1:
          (1)     At or before loan closing, the lender
     may charge such of the following fees and charges as may  be
     agreed upon by the parties notwithstanding the provisions of
     any  State law, other than G.S. 24-1.1E, limiting the amount
     of such fees or charges:
                a.      Loan application,  origination,
          and commitment fees;
                b.     Discount points, but only to the
          extent the discount points are paid for the purpose  of
          reducing,  and in fact result in a bona fide  reduction
          of the interest rate or time-price differential;
                c.      Assumption fees to  the  extent
          permitted by G.S. 24-10(d);
                d.      Appraisal fees  to  the  extent
          permitted by G.S. 24-10(h);
                e.     To the extent permitted by  G.S.
          24-8(d), sums for the payment of bona fide loan-related
          goods,  products,  and  services  provided  or  to   be
          provided  by third parties and sums for the payment  of
          taxes,  filing fees, recording fees, and other charges,
          and  fees  paid  or  to  be paid to  public  officials;
          and
                f.      Additional  fees  and  charges,
          however  denominated, payable to the lender  which,  in
          the  aggregate, do not exceed the greater  of  (i)  one
          quarter  of  one percent (1/4 of 1%) of  the  principal
          amount  of the loan, or (ii) one hundred fifty  dollars
          ($150.00).
           (2)     Except as provided in subsection (g)
     of  this  section  with  respect to  the  deferral  of  loan
     payments,   upon   modification,  renewal,   extension,   or
     amendment of any of the terms of a home loan, the lender may
     charge  such  of the following fees and charges  as  may  be
     agreed upon by the parties notwithstanding the provisions of
     any  State law, other than G.S. 24-1.1E, limiting the amount
     of such fees or charges:
                a.     Discount points, but only to the
          extent the discount points are paid for the purpose  of
          reducing,  and in fact result in a bona fide  reduction
          of, the interest rate or time-price differential;
                b.      Assumption fees to  the  extent
          permitted by G.S. 24-10(d);
                c.      Appraisal fees  to  the  extent
          permitted by G.S. 24-10(h);
                d.     To the extent permitted by  G.S.
          24-8(d), sums for the payment of bona fide loan-related
          goods,  products,  and  services  provided  or  to   be
          provided  by third parties and sums for the payment  of
          taxes,  filing fees, recording fees, and other charges,
          and  fees  paid  or  to  be paid to  public  officials;
          and
                e.      Additional  fees  and  charges,
          however  denominated, payable to the lender  which,  in
          the  aggregate, do not exceed the greater  of  (i)  one
          quarter  of  one  percent (1/4 of 1%)  of  the  balance
          outstanding  at the time of the modification,  renewal,
          extension,  or amendment of terms, or (ii) one  hundred
          fifty dollars ($150.00). The fees and charges permitted
          by this sub-subdivision may be charged only pursuant to
          a  written agreement which states the amount of the fee
          or  charge  and  is made at the time  of  the  specific
          modification, renewal, extension, or amendment,  or  at
          the time the specific modification, renewal, extension,
          or amendment is requested.
      (c1) No lender on home loans under subdivision (a)(3) of
this  section may charge or receive any interest, fees,  charges,
or  discount  points other than: (i) to the extent  permitted  by
G.S.  24-8(d),  sums  for the payment of bona  fide  loan-related
goods, products, and services provided or to be provided by third
parties and sums for the payment of taxes, filing fees, recording
fees,  and  other charges and fees, paid or to be paid to  public
officials;  (ii) interest as permitted in subdivision  (a)(3)  of
this  section;  and  (iii) late payment  charges  to  the  extent
permitted by G.S. 24-10.1.
      (c2) No lender on home loans under subdivision (a)(4) of
this  section may charge or receive any interest, fees,  charges,
or discount points other than: (i) the fees described in G.S. 24-
10;  (ii) to the extent permitted by G.S. 24-8(d), sums  for  the
payment  of bona fide loan-related goods, products, and  services
provided  or  to be provided by third parties and  sums  for  the
payment  of taxes, filing fees, recording fees, and other charges
and  fees, paid or to be paid to public officials; (iii) interest
as permitted in subdivision (a)(4) of this section; and (iv) late
payment charges to the extent permitted by G.S. 24-10.1.
       (d)  The loan or investments regulated by G.S. 53-45 shall
not be subject to the provisions of this section.
      (e) The term "home loan" shall mean a loan
loan,  other  than  an  open-end credit  plan,  where  the
principal  amount  is  less than three hundred  thousand  dollars
($300,000) secured by a first mortgage or first deed of trust  on
real estate upon which there is located or there is to be located
one or more single-family dwellings or dwelling units.
      (f) Any home loan obligation existing before June 13, 1977,
shall  be  construed with regard to the law existing at the  time
the  home loan or commitment to lend was made and this act  shall
only  apply to home loans or loan commitments made from and after
June  13,  1977; provided, however, that variable rate home  loan
obligations executed prior to April 3, 1974, which by their terms
provide  that  the interest rate shall be decreased  and  may  be
increased  in accordance with a stated cost of money  formula  or
other index shall be enforceable according to the terms and tenor
of said written obligations.
       (g)   The   parties   to   a   home   loan   governed   by
G.S.24-1.1A(a) (1) or (2) subdivision  (a)(1)
or    (2)   of   this   section   may   contract   in
writing  to defer payments of  interest
the   payment   of  all  or  part  of  one  or   more   unpaid
installments and for payment of interest on deferred interest
as  agreed  upon by the parties. The parties may agree in
writing that said deferred interest may
be  added  to the principal balance of the loan. This  subsection
shall not be construed to limit payment of interest upon interest
in connection with other types of loans.  Except as restricted
by  G.S. 24-1.1E, the lender may charge deferral fees as  may  be
agreed  upon by the parties to defer the payment of one  or  more
unpaid installments.  If the home loan is of a type described  in
subdivision  (1) of this subsection, the deferral fees  shall  be
subject  to the limitations set forth in subdivision (2) of  this
subsection:
           (1)     A home loan will be subject  to  the
     deferral  fee  limitations set forth in subdivision  (2)  of
     this subsection if:
                 a.      The  borrower  is  a   natural
          person;
                b.      The  debt is  incurred  by  the
          borrower  primarily for personal, family, or  household
          purposes; and
                c.     The loan is secured by  a  first
          mortgage  or  first deed of trust on real  estate  upon
          which  there  is located or there is to  be  located  a
          structure   or  structures  designed  principally   for
          occupancy of from one to four families which is or will
          be occupied by the borrower as the borrower's principal
          dwelling.
            (2)      Deferral  fees  for   home   loans
     identified  in subdivision (1) of this subsection  shall  be
     subject to the following limitations:
               a.     Deferral fees may be charged only
          pursuant to an agreement which states the amount of the
          fee and is made at the time of the specific deferral or
          at   the  time  the  specific  deferral  is  requested;
          provided,   that  if  the  agreement  relates   to   an
          installment which is then past due for 15 days or more,
          the agreement must be in writing and signed by at least
          one of the borrowers.  For purposes of this subdivision
          an agreement will be considered a signed writing if the
          lender  receives from at least one of the  borrowers  a
          facsimile  or computer-generated message confirming  or
          otherwise accepting the agreement.
                b.     Deferral fees may not exceed the
          greater  of  five  percent  (5%)  of  each  installment
          deferred or fifty dollars ($50.00), multiplied  by  the
          number  of  complete months in the deferral period.   A
          month shall be measured from the date an installment is
          due.   The deferral period is that period during  which
          no  payment  is required or made as measured  from  the
          date  on which the deferred installment would otherwise
          have  been due to the date the next installment is  due
          under   the   terms  of  the  note  or   the   deferral
          agreement.
                c.     If a deferral fee has once  been
          imposed  with  respect to a particular installment,  no
          deferral fee may be imposed with respect to any  future
          payment which would have been timely and sufficient but
          for the previous deferral.
                d.      If a deferral  fee  is  charged
          pursuant to a deferral agreement, a late charge may  be
          imposed  with respect to the deferred payment  only  if
          the  amount  deferred is not paid when  due  under  the
          terms  of  the  deferral agreement and no new  deferral
          agreement  is  entered  into  with  respect   to   that
          installment.
                e.     No lender may charge a  deferral
          fee  for modifying or extending the maturity date of  a
          loan  or  the date a balloon payment is due;  provided,
          however, that any such modification or extension of the
          loan maturity date or the date a balloon payment is due
          shall,  to  the  extent  applicable,  be  considered  a
          modification or extension subject to the provisions  of
          subdivision (c)(2) of this section.
      (h)  The  parties to a home loan governed  by  G.S.
24-1.1A(a) (1) or (2) subdivision (a)(1)  or  (2)  of
this  section may agree in writing to a mortgage or  deed  of
trust  which  provides that periodic payments  may  be  graduated
during  parts of or over the entire term of the loan. The parties
to such a loan may also agree in writing to a mortgage or deed of
trust  which provides that periodic disbursements of part of  the
loan  proceeds  may be made by the lender over a period  of  time
agreed upon by the parties, or over a period of time agreed  upon
by  the  parties  ending with the death of the borrower(s).  Such
mortgages  or  deeds of trust may include provisions  for  adding
deferred  interest  to  principal  or  otherwise  providing   for
charging of interest on deferred interest as agreed upon  by  the
parties.  This subsection shall not be construed to  limit  other
types  of  mortgages  or deeds of trust or methods  or  plans  of
disbursement or repayment of loans that may be agreed upon by the
parties.
      (i)   Nothing  in  this section shall  be  construed  to
authorize or prohibit a lender, a borrower, or any other party to
pay  compensation to a mortgage broker or a mortgage  banker  for
services  provided by the mortgage broker or the mortgage  banker
in connection with a home loan."
           Section  2.   Chapter  24 of the General  Statutes  is
amended by adding a new section to read:
"§ 24-1.1E.  Restrictions and limitations on high-cost home
loans.
      (a)  Definitions. -- The following definitions apply for
the purposes of this section:
           (1)      `Affiliate' means any company  that
     controls, is controlled by, or is under common control  with
     another  company, as set forth in the Bank  Holding  Company
     Act of 1956 (12 U.S.C. § 1841 et seq.), as amended from time
     to time.
           (2)     `Annual percentage rate'  means  the
     annual percentage rate for the loan calculated according  to
     the  provisions  of  the  federal Truth-in-Lending  Act  (15
     U.S.C.  §  1601,  et seq.), and the regulations  promulgated
     thereunder  by the Federal Reserve Board (as  said  Act  and
     regulations are amended from time to time).
           (3)      `Bona  fide loan  discount  points'
     means  loan  discount points knowingly paid by the  borrower
     for  the purpose of reducing, and which in fact result in  a
     bona  fide  reduction of, the interest  rate  or  time-price
     differential applicable to the loan, provided the amount  of
     the interest rate reduction purchased by the discount points
     is reasonably consistent with established industry norms and
     practices for secondary mortgage market transactions.
           (4)     A `high-cost home loan' means a loan
     other  than  an  open-end credit plan or a reverse  mortgage
     transaction in which:
                a.     The principal amount of the loan
          does  not exceed the lesser of (i) the conforming  loan
          size  limit for a single-family dwelling as established
          from  time  to  time  by the Federal National  Mortgage
          Association,  or  (ii) three hundred  thousand  dollars
          ($300,000);
                 b.      The  borrower  is  a   natural
          person;
                c.      The  debt is  incurred  by  the
          borrower  primarily for personal, family, or  household
          purposes;
               d.     The loan is secured by either (i)
          a  security interest in a manufactured home (as defined
          in G.S. 143-147(7)) which is or will be occupied by the
          borrower as the borrower's principal dwelling, or  (ii)
          a  mortgage or deed of trust on real estate upon  which
          there  is located or there is to be located a structure
          or  structures  designed principally for  occupancy  of
          from  one to four families which is or will be occupied
          by  the  borrower as the borrower's principal dwelling;
          and
                e.     The terms of the loan exceed one
          or more of the thresholds as defined in subdivision (6)
          of this section.
          (5)     `Points and fees' means:
                 a.      All  items  required   to   be
          disclosed under sections 226.4(a) and 226.4(b) of Title
          12  of the Code of Federal Regulations, as amended from
          time   to  time,  except  interest  or  the  time-price
          differential;
                b.      All charges  for  items  listed
          under  section 226.4(c)(7) of Title 12 of the  Code  of
          Federal Regulations, as amended from time to time,  but
          only   if   the  lender  receives  direct  or  indirect
          compensation  in  connection with  the  charge  or  the
          charge   is  paid  to  an  affiliate  of  the   lender;
          otherwise,  the  charges are not  included  within  the
          meaning of the phrase `points and fees';
               c.     All compensation paid directly by
          the   borrower  to  a  mortgage  broker  not  otherwise
          included   in  sub-subdivision  a.  or   b.   of   this
          subdivision; 
                d.     The maximum prepayment fees  and
          penalties  which may be charged or collected under  the
          terms of the loan documents; and
                e.      `Points  and  fees'  shall  not
          include  (i)  taxes, filing fees, recording  and  other
          charges and fees paid or to be paid to public officials
          for  determining  the existence of or  for  perfecting,
          releasing, or satisfying a security interest; and  (ii)
          fees  paid  to  a  person other than  a  lender  or  an
          affiliate of the lender or to the mortgage broker or an
          affiliate  of  the mortgage broker for  the  following:
          fees   for   tax  payment  services;  fees  for   flood
          certification;  fees  for pest  infestation  and  flood
          determinations;  appraisal fees; fees  for  inspections
          performed  prior  to closing; credit reports;  surveys;
          attorneys'  fees  (if the borrower  has  the  right  to
          select   the   attorney  from  an  approved   list   or
          otherwise); notary fees; escrow charges, so long as not
          otherwise  included under sub-subdivision  a.  of  this
          subdivision;   title  insurance  premiums;   and   fire
          insurance  and flood insurance premiums, provided  that
          the  conditions in section 226.4(d)(2) of Title  12  of
          the Code of Federal Regulations are met.
          (6)     `Thresholds' means:
                a.      Without regard to  whether  the
          loan  transaction is or may be a `residential  mortgage
          transaction'   (as   the  term  `residential   mortgage
          transaction'  is  defined  in section  226.2(a)(24)  of
          Title 12 of the Code of Federal Regulations, as amended
          from  time to time), the annual percentage rate of  the
          loan  at the time the loan is consummated is such  that
          the  loan is considered a `mortgage' under section  152
          of the Home Ownership and Equity Protection Act of 1994
          (Pub. Law 103-25, [15 U.S.C. § 1602(aa)]), as the  same
          may  be  amended  from  time to time,  and  regulations
          adopted pursuant thereto by the Federal Reserve  Board,
          including  section 226.32 of Title 12 of  the  Code  of
          Federal  Regulations, as the same may be  amended  from
          time to time;
               b.     The total points and fees payable
          by  the  borrower at or before the loan closing  exceed
          (i)  five percent (5%) of the total loan amount if  the
          total  loan amount is twenty thousand dollars ($20,000)
          or  more, or (ii) the lesser of eight percent  (8%)  of
          the total loan amount or one thousand dollars ($1,000),
          if  the  total loan amount is less than twenty thousand
          dollars  ($20,000);  provided, the  following  discount
          points  and  prepayment  fees and  penalties  shall  be
          excluded  from the calculation of the total points  and
          fees payable by the borrower:
                    1.     Up to and including two bona
               fide  loan discount points payable by the borrower
               in  connection with the loan transaction, but only
               if   the  interest  rate  from  which  the  loan's
               interest  rate will be discounted does not  exceed
               by   more  than  one  percentage  point  (1%)  the
               required net yield for a 90-day standard mandatory
               delivery  commitment  for a reasonably  comparable
               loan  from  either  the Federal National  Mortgage
               Association  or  the  Federal Home  Loan  Mortgage
               Corporation, whichever is greater;
                    2.     Up to and including one bona
               fide  loan discount point payable by the  borrower
               in  connection with the loan transaction, but only
               if   the  interest  rate  from  which  the  loan's
               interest  rate will be discounted does not  exceed
               by  more  than  two  percentage  points  (2%)  the
               required net yield for a 90-day standard mandatory
               delivery  commitment  for a reasonably  comparable
               loan  from  either  the Federal National  Mortgage
               Association  or  the  Federal Home  Loan  Mortgage
               Corporation, whichever is greater;
                       3.       Prepayment   fees   and
               penalties which may be charged or collected  under
               the  terms  of  the loan documents  which  do  not
               exceed  one  percent (1%) of the  amount  prepaid,
               provided  the  loan documents do  not  permit  the
               lender to charge or collect any prepayment fees or
               penalties  more  than  30 months  after  the  loan
               closing; or
                c.      The loan documents  permit  the
          lender   to  charge  or  collect  prepayment  fees   or
          penalties more than 30 months after the loan closing or
          which  exceed, in the aggregate, more than two  percent
          (2%) of the amount prepaid.
          (7)     `Total loan amount' means the same as
     the  term  `total loan amount' as used in section 226.32  of
     Title  12  of the Code of Federal Regulations, and the  same
     shall  be calculated in accordance with the Federal  Reserve
     Board's Official Staff Commentary thereto.
       (b)   Limitations. -- A high-cost home  loan  shall  be
subject to the following limitations:
           (1)      No call provision. -- No  high-cost
     home  loan may contain a provision which permits the lender,
     in  its  sole  discretion, to accelerate  the  indebtedness.
     This provision does not apply when repayment of the loan has
     been  accelerated  by  default, pursuant  to  a  due-on-sale
     provision, or pursuant to some other provision of  the  loan
     documents unrelated to the payment schedule.
           (2)     No balloon payment. -- No  high-cost
     home  loan may contain a scheduled payment that is more than
     twice as large as the average of earlier scheduled payments.
     This  provision does not apply when the payment schedule  is
     adjusted  to  the  seasonal  or  irregular  income  of   the
     borrower.
          (3)     No negative amortization. -- No high-
     cost  home loan may contain a payment schedule with  regular
     periodic  payments  that  cause  the  principal  balance  to
     increase.
           (4)      No increased interest rate.  --  No
     high-cost  home loan may contain a provision which increases
     the  interest rate after default.  This provision  does  not
     apply  to  interest  rate changes in a  variable  rate  loan
     otherwise  consistent  with  the  provisions  of  the   loan
     documents, provided the change in the interest rate  is  not
     triggered by the event of default or the acceleration of the
     indebtedness.
           (5)     No advance payments. -- No high-cost
     home  loan  may  include terms under  which  more  than  two
     periodic  payments required under the loan are  consolidated
     and  paid in advance from the loan proceeds provided to  the
     borrower.
           (6)     No modification or deferral fees. --
     A  lender  may  not charge a borrower any  fees  to  modify,
     renew,  extend, or amend a high-cost home loan or  to  defer
     any  payment  due  under  the  terms  of  a  high-cost  home
     loan.
     (c)  Prohibited Acts and Practices. -- The following acts
and  practices  are prohibited in the making of a high-cost  home
loan:
           (1)      No  lending without  home-ownership
     counseling. -- A lender may not make a high-cost  home  loan
     without  first  receiving  certification  from  a  counselor
     approved  by the North Carolina Housing Finance Agency  that
     the borrower has received counseling on the advisability  of
     the  loan  transaction  and  the appropriate  loan  for  the
     borrower.
           (2)      No lending without  due  regard  to
     repayment ability. -- As used in this subsection,  the  term
     `obligor' refers to each borrower, co-borrower, cosigner, or
     guarantor obligated to repay a loan.  A lender may not  make
     a  high-cost home loan unless the lender reasonably believes
     at  the time the loan is consummated that one or more of the
     obligors, when considered individually or collectively, will
     be  able  to  make  the  scheduled  payments  to  repay  the
     obligation  based upon a consideration of their current  and
     expected income, current obligations, employment status, and
     other  financial resources (other than the borrower's equity
     in  the  dwelling which secures repayment of the loan).   An
     obligor  shall be presumed to be able to make the  scheduled
     payments to repay the obligation if, at the time the loan is
     consummated,  the  obligor's total monthly debts,  including
     amounts  owed  under the loan, do not exceed  fifty  percent
     (50%)  of the obligor's monthly gross income as verified  by
     the credit application, the obligor's financial statement, a
     credit  report, financial information provided to the lender
     by  or  on  behalf  of the obligor, or any other  reasonable
     means;   provided, no presumption of inability to  make  the
     scheduled  payments  to  repay the  obligation  shall  arise
     solely  from  the  fact  that,  at  the  time  the  loan  is
     consummated,  the  obligor's total monthly debts  (including
     amounts  owed under the loan) exceed fifty percent (50%)  of
     the obligor's monthly gross income.
           (3)     No financing of fees or charges.  --
     In  making a high-cost home loan, a lender may not  directly
     or indirectly finance:
                a.     Any prepayment fees or penalties
          payable by the borrower in a refinancing transaction if
          the  lender  or  an  affiliate of  the  lender  is  the
          noteholder of the note being refinanced;
               b.     Any points and fees; or
                c.      Any  other charges  payable  to
          third parties.
           (4)     No benefit from refinancing existing
     high-cost  home  loan with new high-cost  home  loan.  --  A
     lender  may  not  charge  a  borrower  points  and  fees  in
     connection with a high-cost home loan if the proceeds of the
     high-cost home loan are used to refinance an existing  high-
     cost home loan held by the same lender as noteholder.
            (5)      Restrictions  on  home-improvement
     contracts. -- A lender may not pay a contractor under a home-
     improvement  contract from the proceeds of a high-cost  home
     loan other than (i) by an instrument payable to the borrower
     or  jointly to the borrower and the contractor, or  (ii)  at
     the  election of the borrower, through a third-party  escrow
     agent  in  accordance with terms established  in  a  written
     agreement  signed  by  the borrower,  the  lender,  and  the
     contractor prior to the disbursement.
     (d)  Unfair and Deceptive Acts or Practices. -- Except as
provided in subsection (e) of this section, the making of a high-
cost home loan which violates any provisions of subsection (b) or
(c)  of this section is hereby declared usurious in violation  of
the  provisions  of this Chapter and unlawful  as  an  unfair  or
deceptive  act or practice in or affecting commerce in  violation
of the provisions of G.S. 75-1.1.  The provisions of this section
shall apply to any person who in bad faith attempts to avoid  the
application  of  this section by (i) the structuring  of  a  loan
transaction as an open-end credit plan for the purpose  and  with
the  intent  of evading the provisions of this section  when  the
loan  would have been a high-cost home loan if the loan had  been
structured  as  a  closed-end loan, or  (ii)  dividing  any  loan
transaction  into  separate parts for the purpose  and  with  the
intent  of  evading the provisions of this section, or (iii)  any
other such subterfuge.  The Attorney General, the Commissioner of
Banks,  or  any  party to a high-cost home loan may  enforce  the
provisions  of  this  section.  Any  person  seeking  damages  or
penalties  under  the  provisions of  this  section  may  recover
damages  under  either  this  Chapter  or  Chapter  75,  but  not
both.
      (e)   Corrections  and Unintentional  Violations.  --  A
lender  in a high-cost home loan who, when acting in good  faith,
fails to comply with subsections (b) or (c) of this section, will
not  be  deemed  to  have  violated this section  if  the  lender
establishes that either:
           (1)      Within 30 days of the loan  closing
     and  prior  to  the  institution of any  action  under  this
     section, the borrower is notified of the compliance failure,
     appropriate  restitution is made, and  whatever  adjustments
     are  necessary are made to the loan to either, at the choice
     of  the  borrower, (i) make the high-cost home loan  satisfy
     the requirements of subsections (b) and (c) of this section,
     or  (ii) change the terms of the loan in a manner beneficial
     to  the  borrower  so  that  the  loan  will  no  longer  be
     considered  a high-cost home loan subject to the  provisions
     of this section; or
            (2)      The  compliance  failure  was  not
     intentional   and   resulted  from   a   bona   fide   error
     notwithstanding  the  maintenance of  procedures  reasonably
     adapted  to avoid such errors, and within 60 days after  the
     discovery  of  the  compliance  failure  and  prior  to  the
     institution of any action under this section or the  receipt
     of written notice of the compliance failure, the borrower is
     notified  of the compliance failure, appropriate restitution
     is  made, and whatever adjustments are necessary are made to
     the  loan to either, at the choice of the borrower, (i) make
     the   high-cost  home  loan  satisfy  the  requirements   of
     subsections (b) and (c) of this section, or (ii) change  the
     terms of the loan in a manner beneficial to the borrower  so
     that  the loan will no longer be considered a high-cost home
     loan subject to the provisions of this section.  Examples of
     a  bona  fide error include clerical, calculation,  computer
     malfunction and programming, and printing errors.  An  error
     of  legal  judgment  with respect to a person's  obligations
     under this section is not a bona fide error.
      (f)   Severability. -- The provisions  of  this  section
shall  be  severable,  and if any phrase,  clause,  sentence,  or
provision  is declared to be invalid or is preempted  by  federal
law  or regulation, the validity of the remainder of this section
shall  not be affected thereby.  If any provision of this section
is declared to be inapplicable to any specific category, type, or
kind  of  points and fees, the provisions of this  section  shall
nonetheless  continue to apply with respect to all  other  points
and fees."
           Section  3.   Chapter  24 of the General  Statutes  is
amended by adding a new section to read:
"§ 24-2.5.  Mortgage bankers and mortgage brokers.
     A mortgage broker or a mortgage banker originating a loan
in  a  table-funded loan transaction in which the mortgage broker
or  mortgage  banker is identified as the original payee  of  the
note   shall  be  considered  a  lender  for  purposes  of   this
Chapter."
          Section 4.  G.S. 24-8 reads as rewritten:
"§ 24-8.  Loans not in excess of $300,000;  what
interest, fees and charges permitted.
      No lender shall charge or receive from any borrower
or  require  in connection with a loan any borrower, directly  or
indirectly,  to  pay,  deliver, transfer or convey  or  otherwise
confer upon or for the benefit of the lender or any other person,
firm  or  corporation any sum of money, thing of value  or  other
consideration  other than that which is pledged  as  security  or
collateral to secure the repayment of the full principal  of  the
loan,  together  with  fees and interest  provided  for  in  this
Chapter  or  Chapter 53 of the North Carolina  General  Statutes,
where  the principal amount of a loan is not in excess  of  three
hundred  thousand dollars ($300,000.00); provided,  this  section
shall  not  prevent  a  borrower from selling,  transferring,  or
conveying  property  other than security  or  collateral  to  any
person,  firm or corporation for a fair consideration so long  as
such  transaction is not made a condition or requirement for  any
loan;  provided  that  this shall not  prevent  the  lender  from
collecting from the borrower for remittance to others,  money  in
payment  of  taxes, assessments, cost of upkeep, recording  fees,
surveys, attorneys' fees, fire, title, life, accident and health,
unemployment, and mortgage insurance premiums and other such fees
and  costs,  nor from receiving the proceeds from  any  insurance
policies  where  a loss occurs under the terms of such  policies.
This  section shall not be applicable to any corporation licensed
as  a "Small Business Investment Company" under the provisions of
the  United  States Code Annotated, Title 15, section 661,  et
seq.  nor shall it be applicable to the sale or  purchase  of
convertible debentures, nor to the sale or purchase of  any  debt
security  with accompanying warrants, nor to the sale or purchase
of    other    securities   through   an   organized   securities
exchange.
     (a)  If the principal amount of a loan is less than three
hundred  thousand dollars ($300,000), no lender shall  charge  or
receive from any borrower or require in connection with any  loan
any  borrower, directly or indirectly, to pay, deliver, transfer,
or  convey  or  otherwise confer upon or for the benefit  of  the
lender  or  any  other person, firm, or corporation  any  sum  of
money,  thing  of value, or other consideration other  than  that
which  is  pledged  as  security  or  collateral  to  secure  the
repayment  of the full principal of the loan, together with  fees
and  interest provided for in this Chapter or Chapter 53  of  the
General Statutes.
     (b)  Notwithstanding any contrary provision of State law,
if  the  principal  amount of a loan is  three  hundred  thousand
dollars  ($300,000) or more, any borrower may agree to  pay,  and
any  lender  or  other  person may charge and  collect  from  the
borrower, interest, fees, and other charges as may be agreed upon
between the parties, and the borrower and anyone claiming  by  or
through  the  borrower is prohibited from asserting  usury  as  a
claim or defense.
      (c)  The provisions of this section shall not prevent  a
borrower from selling, transferring, or conveying property  other
than  security or collateral to any person, firm, or  corporation
for  a fair consideration so long as such transaction is not made
a condition or requirement for any loan.
     (d)  Notwithstanding any contrary provision of State law,
any lender may collect money from the borrower for the payment of
(i) bona fide loan-related goods, products, and services provided
or  to be provided by third parties, and (ii) taxes, filing fees,
recording fees, and other charges and fees paid or to be paid  to
public officials.  No third party shall charge or receive (i) any
unreasonable  compensation for loan-related goods, products,  and
services,  or  (ii)  any compensation for which  no  loan-related
goods  and products are provided or for which no or only  nominal
loan-related   services  are  performed.    Loan-related   goods,
products,  and  services include fees for tax  payment  services,
fees   for   flood   certification,  fees  for   pest-infestation
determinations,   mortgage   brokers'   fees,   appraisal   fees,
inspection  fees, environmental assessment fees, fees for  credit
report   services,   assessments,  costs  of   upkeep,   surveys,
attorneys'  fees,  notary  fees, escrow  charges,  and  insurance
premiums (including, for example, fire, title, life, accident and
health,    disability,   unemployment,   flood,   and    mortgage
insurance).
     (e)  Notwithstanding any contrary provision of State law,
any  lender may receive the proceeds from any insurance  policies
where loss occurs under the terms of such policies.
      (f)   This  section  shall  not  be  applicable  to  any
corporation  licensed  as a `Small Business  Investment  Company'
under  the provisions of the United States Code Annotated,  Title
15,  section 66, et seq., nor shall it be applicable to the  sale
or  purchase  of  convertible debentures,  nor  to  the  sale  or
purchase of any debt security with accompanying warrants, nor  to
the  sale  or  purchase of other securities through an  organized
securities exchange."
           Section  5.   Chapter  24 of the General  Statutes  is
amended by adding a new section to read:
"§   24-10.2.   Consumer  protections   in   certain   home
loans.
     (a) For purposes of this section, the term `consumer home
loan'  shall mean a loan in which (i) the borrower is  a  natural
person,  (ii) the debt is incurred by the borrower primarily  for
personal,  family, or household purposes, and (iii) the  loan  is
secured  by  a  mortgage or deed of trust upon real  estate  upon
which  there is located or there is to be located a structure  or
structures designed principally for occupancy of from one to four
families  which  is or will be occupied by the  borrower  as  the
borrower's principal dwelling.
      (b)  Notwithstanding the provisions of G.S. 58-57-35(b),
it  shall be unlawful for any lender in a consumer home  loan  to
finance, directly or indirectly, any credit life, disability,  or
unemployment  insurance, or any other life  or  health  insurance
premiums; provided, that insurance premiums calculated  and  paid
on  a  monthly  basis  shall not be considered  financed  by  the
lender.
      (c)  No lender may knowingly or intentionally engage  in
the  unfair  act or practice of `flipping' a consumer home  loan.
`Flipping' a consumer loan is the making of a consumer home  loan
to  a  borrower which refinances an existing consumer  home  loan
when  the new loan does not have reasonable, tangible net benefit
to  the  borrower considering all of the circumstances, including
the  terms of both the new and refinanced loans, the cost of  the
new loan, and the borrower's circumstances.  This provision shall
apply regardless of whether the interest rate, points, fees,  and
charges  paid or payable by the borrower in connection  with  the
refinancing  exceed  those  thresholds  specified  in  G.S.   24-
1.1E(a)(6).
      (d) No lender shall recommend or encourage default on an
existing  loan or other debt prior to and in connection with  the
closing  or  planned  closing  of  a  consumer  home  loan   that
refinances all or any portion of such existing loan or debt.
     (e) The making of a consumer home loan which violates the
provisions  of  this  section  is  hereby  declared  usurious  in
violation  of the provisions of this Chapter and unlawful  as  an
unfair  or deceptive act or practice in or affecting commerce  in
violation  of  the  provisions  of  G.S.  75-1.1.   The  Attorney
General,  the Commissioner of Banks, or any party to  a  consumer
home loan may enforce the provisions of this section.  Any person
seeking damages or penalties under the provisions of this section
may  recover damages under either this Chapter or Chapter 75, but
not both.
     (f) In any suit instituted by a borrower who alleges that
the defendant violated this section, the presiding judge may,  in
the  judge's discretion, allow reasonable attorneys' fees to  the
attorney representing the prevailing party, such attorneys'  fees
to  be  taxed  as  a part of the court costs and payable  by  the
losing party, upon a finding by the presiding judge that:
           (1)     The party charged with the violation
     has  willfully engaged in the act or practice, and there was
     unwarranted  refusal  by such party  to  fully  resolve  the
     matter which constitutes the basis of such suit; or
           (2)      The  party instituting  the  action
     knew,  or  should have known, that the action was  frivolous
     and malicious.
       (g)    This   section  establishes  specific   consumer
protections in consumer home loans in addition to other  consumer
protections that may be otherwise available by law."
           Section 6. Of the funds appropriated to the Department
of  Justice for the 1999-2000 fiscal year, the sum of one hundred
thousand  dollars ($100,000) may be used to develop and implement
a  program of consumer counseling or awareness designed to inform
the  public  about the methods by which predatory lenders  impose
unconscionable  and noncompetitive fees and charges  as  part  of
complex  home mortgage transactions, to protect the  public  from
incurring  such fees and charges, and otherwise to encourage  the
informed and responsible use of credit.
           Section  7. The Legislative Research Commission  shall
study the implementation and enforcement of this act including:
           (1)      Whether  the provisions of this  act  have  a
     measurable  effect  on the availability  of  credit  in  the
     State;
           (2)      Whether the act is successfully reducing  the
     predatory lending practices proscribed by the act; and
           (3)      Whether  there are specific circumstances  in
     which  consumers would benefit from permitting a  lender  to
     finance   credit  insurance  premiums,  which  practice   is
     prohibited by G.S. 24-10.2(b).
            The  Commission  shall  report  their  findings   and
recommendations  on  the  issue  of  financing  credit  insurance
premiums  to  the  2000  Regular  Session  of  the  1999  General
Assembly.   The   Commission  may  report  their   findings   and
recommendations  to the 2001 General Assembly and  shall  make  a
final  report  to  the 2002 Regular Session of the  2001  General
Assembly.

           Section  8. Section 2 of this act and G.S. 24-10.2(b),
as  enacted  in Section 5 of this act, become effective  July  1,
2000,  and  apply to loans made or entered into on or after  that
date.   Section  6 of this act becomes effective  July  1,  1999.
Section  7  of  this act is effective when this act becomes  law.
The  remainder of this act becomes effective October 1, 1999, and
applies  to  loans made or entered into, payments  deferred,  and
loans  modified, renewed, extended, or amended on or  after  that
date.
           In  the General Assembly read three times and ratified
this the 15th day of July, 1999.


     s/     Dennis A. Wicker
          President of the Senate


     s/     James B. Black
          Speaker of the House of Representatives


     s/     James B. Hunt, Jr.
          Governor


Approved 10:35 a.m. this 22nd day of July, 1999