Category: Performance Bond Articles

SFAA Submits Recommendations on Oregon Mortgage Servicers License Bond Rules

SFAA made recommendations on the claims provisions to the Oregon Department of Consumer and Business Services concerning proposed rules for bonding mortgage loan servicers. The rules would require the bond to remain in place for five years after the mortgage servicer ceases to be licensed in the State. Direct actions also are permitted on the bond and claims must be filed before the bond expires. SFAA recommended that two or three years for the limitations period for claims would be more workable. SFAA also recommended that the limitations period to take action on the bond should begin when the surety cancels the bond or when the servicer ceases to be licensed, whichever occurs earlier. We recommended that the rules be clarified so that the claimant has a period of time after the bond is cancelled or the license period ends to make a claim, and that the claims period is not long that that it increases uncertainty for the surety, which could impact the availability of the bond.

The bond or letter of credit would have to be in an amount ranging from $50,000 to $200,000, based on the mortgage servicer’s total unpaid principal balance of residential mortgage loans in Oregon. SFAA did not comment on the bond amount specifically, but noted that a higher bond amount would require the bond principal to have greater financial resources based on the surety’s underwriting process.

Members should visit Government Relations / General Info (Members) for more information.

Meeting Materials for upcoming meetings have been posted for Members:

Upcoming:

• Government Affairs Advisory Committee (March 27, 2018)

Past:

• Diversity & Human Resources Advisory Committee (March 8, 2018)
• Contract Bonds Advisory Committee (January 29, 2018)
• Fidelity Claims Advisory Committee (January 24, 2018)
• Surety Claims Advisory Committee / Corporate Counsel Advisory Committee (January 24, 2018)
• Communications Advisory Committee (January 11, 2018)
• Board of Directors (December 7, 2017)
• Commercial Surety Advisory Committee (December 6, 2017)
• International Advisory Committee (December 6, 2017)
• Actuarial Advisory Committee (November 8, 2017)
• eBusiness Advisory Committee (October 4, 2017)
• Annual Meeting General Session (May 11, 2017)
• Congressional Action Day (May 10, 2017)
• Fidelity Advisory Committee (May 10, 2017)
• Young Professionals Group (May 9, 2017)
• Joint Fidelity Advisory Committee / Fidelity Claims Advisory Committee (November 9, 2016)
• Statistical Advisory Committee (September 21, 2016)

Members may register online for upcoming meetings or get more meeting details  at http://www.surety.org/events/event_list.asp. 

Federal Agency Withdraws Hard Rock Mining Rule

The U.S. Environmental Protection Agency (EPA) will not adopt final regulations for its proposed financial responsibility requirements for hard rock mining operations for metals and non-metallic fuel minerals that SFAA opposed. Surety bonds would have been accepted to meet the requirement and SFAA noted that the bond requirement could have been duplicative of existing state and federal reclamation bonding requirements. We also opposed provisions that would have permitted direct actions on the bond. Other stakeholders also noted the potential for duplicative financial responsibility requirements and the potential problems with the direct action provisions. The EPA agreed with these concerns and will not move forward with its proposal.

End of 2018 Legislative Session reports have been added for Oregon and updated for New Mexico for Members only.

Navigate to Government Relations / End of Legislative Session Reports

Engineering New Record (ENR) Surety Section 2018 posted.

View previous ENR Surety Supplements

2018 Public Private Partnership (P3) State Legislation

Members should visit Government Relations / General Info (Members) for more information.

Case Summary Reports have been posted for Members, Subscribers, Claims Advisors and Case Summary Subscribers: 2003-2018 Surety and Fidelity Cases Indexed by State/Topic 2003-2018 Surety Cases Indexed by Topic 2003-2018 Fidelity Cases Indexed by Topic 2003-2018 Bail Cases by State

Members should navigate to the Claims page.
Subscribers should navigate to the Home / Subscriber Home Page.
Claims Advisors should navigate to the Home / Claims Advisors Home Page.
Case Summary Subscribers should navigate to Home / Case Summary Subscriber Home Page.

SFAA Bill to Address Missouri Case Law on Bonding Public Works Projects Introduced

Missouri HB 2453 would amend the existing procurement law to clarify that bonds are require when a construction manager agency is used.

Members should visit Government Relations / General Info (Members) for more information.