summary
Introduced
02/02/2021
02/02/2021
In Committee
02/18/2021
02/18/2021
Crossed Over
Passed
Dead
03/20/2021
03/20/2021
Introduced Session
2021 Regular Session
Bill Summary
AN ACT RELATING TO FINANCIAL INSTITUTIONS; ENACTING THE STUDENT LOAN BILL OF RIGHTS ACT; PROVIDING FOR A STUDENT LOAN SERVICER'S LICENSE; DELINEATING THE DUTIES OF A STUDENT LOAN SERVICER; GIVING ADMINISTRATIVE RESPONSIBILITY AND ENFORCEMENT POWER TO THE FINANCIAL INSTITUTIONS DIVISION OF THE REGULATION AND LICENSING DEPARTMENT; PROVIDING FOR DISCHARGE OF PRIVATE EDUCATION LOANS UPON A SHOWING OF PERMANENT DISABILITY; REQUIRING THAT ALTERNATIVE REPAYMENT OPTIONS BE OFFERED TO BORROWERS EQUALLY; PROVIDING RIGHTS FOR COSIGNERS, INCLUDING NOTICE AND ACCESS TO INFORMATION; PROVIDING FOR COSIGNER RELEASE; PROHIBITING CERTAIN ACCELERATION OF PRIVATE EDUCATION LOANS; CREATING THE POSITION OF OMBUDSMAN; DEFINING CERTAIN VIOLATIONS OF THE STUDENT BILL OF RIGHTS AS UNFAIR AND UNCONSCIONABLE TRADE PRACTICES; CREATING A PRIVATE RIGHT OF ACTION; PROVIDING PENALTIES; CREATING THE STUDENT LOAN BILL OF RIGHTS FUND; MAKING AN APPROPRIATION.
AI Summary
This bill, the Student Loan Bill of Rights Act, enacts a number of provisions to regulate student loan servicers and private education lenders in New Mexico. Key provisions include:
- Requiring student loan servicers to obtain a license from the state's Financial Institutions Division, with some exemptions for banks, credit unions, and the state Higher Education Department.
- Establishing duties and prohibited practices for student loan servicers, such as responding to borrower inquiries, applying overpayments properly, and transferring complete borrower information when loans are sold.
- Allowing for the discharge of private student loans upon a showing of the borrower's permanent disability, and requiring lenders to offer alternative repayment options.
- Providing rights and protections for cosigners on private student loans, including access to loan information and processes for cosigner release.
- Prohibiting private lenders from accelerating loan repayment except in cases of payment default.
- Creating a student loan ombudsman position to assist borrowers and monitor industry practices, as well as a Student Loan Bill of Rights Fund to support the Division's enforcement efforts.
- Authorizing the Financial Institutions Division to investigate, examine, and take enforcement actions against student loan servicers and lenders who violate the Act.
- Allowing for private rights of action by borrowers against servicers who fail to comply with the Act.
Committee Categories
Business and Industry, Justice
Sponsors (2)
Last Action
House Judiciary Committee (11:30 3/12/2021 Room Zoom) (on 03/12/2021)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.nmlegis.gov/lcs/legislation.aspx?chamber=H&legtype=B&legno=218&year=21 |
| BillText | https://www.nmlegis.gov/Sessions/21%20Regular/bills/house/HB0218.pdf |
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