81-18-31 - Regulations governing advertising of mortgage loans [Repealed effective July 1, 2010].
§ 81-18-31. Regulations governing advertising of mortgage loans [Repealed effective July 1, 2010].
The department shall promulgate regulations governing the advertising of mortgage loans, including, but not limited to, the following requirements:
(a) That all advertisements for loans regulated under this chapter may not be false, misleading or deceptive. No person whose activities are regulated under this chapter may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are "recommended," "approved," "set" or "established" by the State of Mississippi;
(b) That all licensees shall maintain a copy of all advertisements citing interest rates or payment amounts primarily disseminated in this state and shall attach to each advertisement documentation that provides corroboration of the availability of the interest rate and terms of loans and names the specific media sources by which the advertisements were distributed;
(c) That all published advertisements disseminated primarily in this state by a license shall contain the name and an office address of the licensee, which shall be the same as the name and address of the licensee on record with the department;
(d) That an advertisement containing either a quoted interest rate or monthly payment amount must include:
(i) The interest rate of the mortgage, a statement as to whether the rate is fixed or adjustable, and the adjustment index and frequency of adjustments;
(ii) The term in years or months to fully repay the mortgage;
(iii) The APR as computed under federal guidelines; and
(e) That no licensee shall advertise its services in Mississippi in any media disseminated primarily in this state, whether print or electronic, without the words "Mississippi Licensed Mortgage Company" or, if the initial license is obtained after July 1, 2007, the words "Licensed by the Mississippi Department of Banking and Consumer Finance."
(f) That the unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or Web sites, and any other documents as established by rule, regulation or order of the commissioner.
Sources: Laws, 2000, ch. 579, § 16; Laws, 2009, ch. 544, § 16, eff from and after July 31, 2009.