LD 116
pg. 2
Page 1 of 3 An Act to Protect Consumers in Real Estate Mortgage Transactions Page 3 of 3
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LR 1010
Item 1

 
3.__Lender.__"Lender" means a person regularly engaged in
making loans secured by mortgages on real estate and to whom the
debt is initially payable on the face of the loan documents.

 
4.__Loan closing.__"Loan closing"__means that time agreed upon
by the borrower and lender when the execution of the loan
documents by the borrower occurs.

 
5.__Loan documents.__"Loan documents"__means the note
evidencing the debt due the lender, the mortgage securing the
debt due to the lender and any other documents required by the
lender to be executed by the borrower as a part of the
transaction.

 
6.__Loan funds.__"Loan funds" means the gross or net proceeds
of the loan to be disbursed by the lender at loan closing.

 
7.__Settlement.__"Settlement" means the time when the
settlement agent has received the duly executed deed, loan funds,
loan documents and other documents and funds required to carry
out the terms of the contract between the parties and the
settlement agent reasonably determines that prerecordation
conditions of such contracts have been satisfied.__"Parties" as
used in this subsection means the seller, purchaser, borrower,
lender and the settlement agent.

 
8.__Settlement agent.__"Settlement agent" means the person
responsible for conducting the settlement and disbursement of the
settlement proceeds and includes an individual, corporation,
partnership or other entity conducting the settlement and
disbursement of loan proceeds.

 
§523.__Applicability

 
This subchapter applies to transactions:

 
1.__Purposes.__That are insured primarily for personal, family
or household purposes;

 
2.__Not open-end credit.__That are not open-end credit as that
term is defined in Title 9-A, section 1-301, subsection 26; and

 
3.__Secured by mortgages.__That are secured by mortgages on
real estate containing not more than 4 residential dwelling
units.

 
§524.__Duty of lender

 
The lender shall cause, at or before loan closing,
disbursement of loan funds to the settlement agent; however, in


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