380 - Power to make loans.

§ 380. Power to make loans. 1. A savings and loan association may make  a loan upon the security of a mortgage of the type authorized to be made  by  a savings bank by subdivisions five-a and six of section two hundred  thirty-five of this chapter, subject to such regulations as the  banking  board may prescribe.    1-b.  A  savings  and  loan  association  may  also  lend its funds to  borrowers  therefrom  upon  their  promissory  notes  payable   to   the  association which are:    (a)  secured  by  one  or  more  mortgages in which a savings and loan  association may invest; provided however, that the amount loaned is  not  in  excess  of  ninety  per  centum of the principal sum secured by such  mortgage or  mortgages.  The  assignment  of  every  mortgage  taken  as  security for any such note shall be recorded or registered in the office  of the proper recording officer of the county in which the real property  described in such mortgage is located, unless such mortgage or mortgages  have been so assigned by a savings and loan association;    (b) secured by any of the stocks and bonds in which a savings and loan  association  may  invest, except stocks eligible for investment pursuant  to the provisions of  subdivision  twenty-six  of  section  two  hundred  thirty-five  of  this  chapter; provided however, that the amount of the  loan is not in excess of ninety per centum of the market value  of  such  stocks and bonds;    (c)  made by a savings bank which has been incorporated three years or  more.    (d) secured by any of the stocks eligible for investment by a  savings  and   loan   association  pursuant  to  the  provisions  of  subdivision  twenty-six of section two hundred thirty-five of this chapter;  provided  however,  that (1) the amount of the loan is not in excess of the lesser  of (i) eighty-five per centum of the market value  of  such  stocks,  or  (ii) the maximum loan value of such stocks determined in accordance with  Federal  Reserve Regulation U and the supplement thereto of the board of  governors of the federal reserve system and as if the savings  and  loan  association  were  a member bank of such system extending credit secured  by such stocks for their purchase as margin stock, and (2) the amount of  such loan, together with the aggregate amount outstanding of  all  loans  made  pursuant to this paragraph and the aggregate amount of investments  in stock eligible for investment  by  a  savings  and  loan  association  pursuant  to  the  provisions  of  subdivision twenty-six of section two  hundred thirty-five of this chapter,  shall  not  exceed  the  aggregate  limitations  set  forth in subdivision twenty-six of section two hundred  thirty-five of this chapter;    2. A savings and loan association may lend its funds  to  its  members  upon  their  notes as follows: (a) secured by the transfer and pledge to  the association of shares of any savings and loan association or by  the  assignment  to the association of a time deposit in any savings and loan  association, the withdrawal value of which, in either case, shall not be  less than the amount of any such loan.    (b) Representing loans and advances  of  credit  for  the  purpose  of  financing  alterations,  repairs  and improvements upon or in connection  with, or as the superintendent may authorize the equipping  of  existing  structures, and the building of new structures, upon urban, suburban, or  rural   real   property   (including  the  restoration,  rehabilitation,  rebuilding, and replacement of such improvements which have been damaged  or destroyed by earthquake, conflagration, tornado, hurricane,  cyclone,  flood,  or  other  catastrophe),  by the owners thereof or by lessees of  such real property under a lease expiring not less than six months after  the maturity of the loan or  advance  of  credit  or  by  lessees  under  proprietary  leases  from  a  corporation  or partnership formed for thepurpose of the cooperative ownership of real estate, provided:  (1)  the  amount of such loan, advance of credit, or purchase made for the purpose  of  financing  the  alteration,  repair,  equipping  or  improvement  of  existing  structure  or  the  building  of new structure does not exceed  twenty thousand dollars; (2) the maturity thereof does  not  exceed  one  hundred  twenty-one  months;  (3)  the  rate  which  may  be paid by the  borrower for interest, discount, and fees of  all  kinds  in  connection  with the transaction shall be the rate or rates agreed to by the savings  and loan association and the borrower; and (4) the loan shall be paid in  equal  or  substantially  equal monthly installments calculated from the  date of the note; provided,  however,  that  in  addition  thereto,  the  savings  and  loan  association may contract to charge the borrower: (i)  the fees payable to the appropriate public officer to perfect  any  lien  or  other security interest taken to secure the loan or the premium, not  in excess of such filing fee, payable for any insurance in lieu of  such  filing;  (ii)  in case of default, and in accordance with the provisions  of the instrument evidencing the obligation, either a fine in an  amount  not  to exceed five cents per dollar on any installment which has become  due and remained unpaid for a period in excess of ten days, but no  such  fine  shall  exceed five dollars and only one fine shall be collected on  any such installment regardless of the period during which it remains in  default, and provided further that should the aggregate  of  such  fines  collected  in  connection  with  any  loan exceed two per centum of such  loan, or  in  any  event  twenty-five  dollars,  the  savings  and  loan  association  shall  refund such excess to the borrower within sixty days  after the loan is paid in full, or, subject to an allowance of  unearned  interest  attributable to the amount in default, interest on each amount  past due at a rate not in  excess  of  the  rate  provided  for  in  the  instrument  evidencing  the  obligation;  (iii) the actual expenditures,  including reasonable attorney's fees, for necessary court  process;  and  (iv) in case the savings and loan association insures a borrower under a  credit unemployment insurance policy, group life insurance policy, group  health  insurance  policy,  group  accident  insurance  policy, or group  health and accident insurance policy, or requires insurance on  personal  property securing any such loan, an amount not in excess of the premiums  chargeable  in accordance with rate schedules then in effect and on file  with the superintendent of insurance for such insurance by the  insurer.  No  savings  and  loan  association shall require a borrower to purchase  shares in the association, or to purchase  shares  in  lieu  of  regular  periodic  installment  payments,  or to do or refrain from any other act  which would entail additional  expense  or  sacrifice,  as  a  condition  precedent to granting a loan or advance of credit under the authority of  this  paragraph.  Notwithstanding  the  provisions  of this paragraph no  refund of excess fines shall be required if it amounts to less than  one  dollar.    (c)  Representing  loans  and  advances  of  credit for the purpose of  defraying the cost of attendance of one or more students the  income  of  whose  family  is  fifteen thousand dollars or more per year at the time  the loan or loan commitment is made at a university or  college  or  for  the  purpose of defraying the cost of attendance of one or more students  at an elementary or secondary school providing  education  required  for  minors;  provided,  however,  that  no  such  loan shall bring the total  unpaid principal balances of any one or more loans made by such  savings  and  loan  association  to the borrower pursuant to this paragraph to an  amount in excess of thirty thousand dollars; and further  provided  that  the  maturity  of  any such loan does not exceed eighty-five months; and  further provided that the rate which may be paid  by  the  borrower  for  interest,  discount,  and  fees  of  all  kinds  in  connection with thetransaction shall be the rate or rates agreed to by the savings and loan  association and the borrower, reckoned on each loan or advance from  the  date  thereof,  calculated  on  any  of  the following bases: (i) on the  unpaid  principal  amount  of  such loans and advances from time to time  outstanding, or (ii) for each month on an  average  balance  outstanding  determined  by  dividing  by  two  the  sum  of  the  balances of unpaid  principal of such loans and advances outstanding  on  two  dates  during  such  month,  as  specified  in such agreement; the first of which dates  being not later than the fifteenth day of  such  month  and  the  second  being not earlier than the sixteenth day of such month and not less than  ten  nor  more  than  twenty days after the first day, or (iii) for each  month on a fixed amount selected from a schedule, which fixed amount may  exceed the average daily balance under (i) above, or the average balance  if determined under (ii) above, by a differential of not more than  five  dollars,  provided  the  same  fixed  amount  is also used for computing  interest for any month for which such balance exceeds said fixed  amount  by any amount up to at least the same differential; and further provided  that  the  loan  shall  be  paid in equal or substantially equal monthly  installments calculated from the date of the note. No  fee,  commission,  expense,  or  other charge whatsoever shall be taken, received, reserved  or contracted for in addition to the rate of interest authorized by this  paragraph except (i) the fees payable to the appropriate public  officer  to  perfect any lien or other security interest taken to secure the loan  or the premium, not in excess  of  such  filing  fee,  payable  for  any  insurance  in  lieu  of  such  filing;  (ii)  in case of default, and in  accordance  with  the  provisions  of  the  instrument  evidencing   the  obligation,  either  a  fine  in  an amount not to exceed five cents per  dollar on any installment which has become due and remained unpaid for a  period in excess of ten days, but no such fine shall exceed five dollars  and only one fine shall be collected on any such installment  regardless  of  the  period during which it remains in default, and provided further  that should the aggregate of such fines collected in connection with any  loan exceed two per centum of such loan, or  in  any  event  twenty-five  dollars,  the  savings  and loan association shall refund such excess to  the borrower within sixty days after the  loan  is  paid  in  full,  or,  subject  to an allowance of unearned interest attributable to the amount  in default, interest on each amount past due at a rate not in excess  of  the rate provided for in the instrument evidencing the obligation; (iii)  the  actual  expenditures,  including  reasonable  attorney's  fees, for  necessary  court  process;  and  (iv)  in  case  the  savings  and  loan  association  insures  a  borrower  under a credit unemployment insurance  policy, group life insurance  policy,  group  health  insurance  policy,  group  accident insurance policy, or group health and accident insurance  policy, or requires insurance on personal  property  securing  any  such  loan,  an  amount not in excess of the premiums chargeable in accordance  with rate schedules then in effect and on file with  the  superintendent  of  insurance  for  such  insurance  by the insurer. No savings and loan  association shall require a borrower to place any sum on deposit, or  to  make deposits in lieu of regular periodic installment payments, or to do  or  refrain  from  doing  any  other  act  which would entail additional  expense or sacrifice, as a condition precedent to  granting  a  loan  or  advance  of  credit  under the authority of this paragraph, except under  such terms and conditions as the superintendent may from  time  to  time  approve.  Notwithstanding  the provisions of this paragraph no refund of  excess fines shall be required if it amounts to less than one dollar.    (d) Representing loans secured by mobile home chattel paper evidencing  a monetary obligation incurred to finance the purchase of a mobile  home  located  at  the  time  of such purchase, or to be located within ninetydays, at a semipermanent site within the state or in a contiguous  state  and  to  be  maintained  as  a residence of the borrower, the borrower's  spouse, child, grandchild, parent or grandparent.    (1) For this paragraph:    (i)  "mobile  home  chattel  paper"  means  written evidence of both a  monetary obligation and a security  interest  of  first  priority  in  a  mobile home and any equipment installed, or to be installed therein, and    (ii)   "mobile   home"  or  "manufactured  home"  means  a  structure,  transportable in one or more sections, which in the traveling  mode,  is  eight  body  feet or more in width or forty body feet or more in length,  or when erected on site, is three hundred twenty or  more  square  feet,  and  which  is built on a permanent chassis and designed to be used as a  dwelling with or  without  a  permanent  foundation  when  connected  to  required utilities, and includes the plumbing, heating, air-conditioning  and electrical systems contained therein.    (2)  If the loan is for the purpose of financing the purchase of a new  mobile home,    (i) it shall mature not later than two hundred forty months after  the  date thereof, and    (ii)  the amount advanced to the borrower shall not exceed one hundred  per cent of the sum of (a)  the  purchase  price  of  such  mobile  home  (including  any  installed  equipment)  plus  (b)  the  price of any new  equipment installed or to be installed by the dealer.    (3) If the loan is for the purpose of financing the purchase of a used  mobile home,    (i) it shall mature not later than two hundred forty months after  the  date thereof, and    (ii)  the amount advanced to the borrower shall not exceed one hundred  per cent of  the  purchase  price  of  the  mobile  home  actually  paid  (including any installed equipment).    (4)  The loan shall be payable in equal or substantially equal monthly  installments calculated from the date of the loan. Interest,  which  may  be  taken  in advance, may be charged thereon, computed from the date of  the loan to the date of the last installment payable thereunder, if  the  loan  has  a  maturity, (i) not exceeding thirty-seven months, at a rate  not to exceed six dollars per annum discount per one hundred dollars  of  the  face amount or ten dollars if the interest so computed is less than  that amount, or (ii) exceeding thirty-seven months, at  a  rate  not  to  exceed  five  dollars  per annum discount per one hundred dollars of the  face amount provided that the interest charged, if  the  amount  thereof  exceeds  ten  dollars,  shall  not  exceed one per cent per month on the  unpaid principal balance.    (5) The authorized interest shall be inclusive of all charges incident  to investigating and making any loan. No fee,  commission,  expense,  or  other  charge  shall  be  permitted  except  that  the  savings and loan  association may contract to charge the borrower (i) the fees payable  to  a public officer to perfect any lien or other security interest taken to  secure  the  loan,  or  the  premium,  not in excess of such filing fee,  payable for any insurance in lieu  of  such  filing;  (ii)  in  case  of  default,   and   in   accordance  with  the  instrument  evidencing  the  obligation, either a fine in an amount not to exceed five  per  cent  on  any installment which has become due and remained unpaid for a period in  excess  of ten days, but no such fine shall exceed five dollars and only  one fine shall be collected on any such installment  regardless  of  the  duration  of the default, and provided further that should the aggregate  of such fines collected in connection with any loan exceed two per  cent  of  such  loan  or twenty-five dollars, the savings and loan association  shall refund such excess within sixty days after the  loan  is  paid  infull,  or,  subject to an allowance of unearned interest attributable to  the amount in default, interest on each amount past due at a rate not in  excess of one per cent per  month  during  the  delinquency;  (iii)  the  actual  expenditures, including reasonable attorney's fees for necessary  court process, and (iv) in case the savings and loan association insures  a borrower under a credit  unemployment  insurance  policy,  group  life  insurance,  health insurance, accident insurance, or health and accident  insurance policy, or requires insurance on the  property  securing  such  loan,  an  amount  not in excess of the premiums lawfully chargeable. No  savings and loan association shall require a borrower to purchase shares  in the association, or to purchase shares in lieu  of  regular  periodic  installment payments, or to do or refrain from doing any other act which  would entail additional expense or sacrifice, as a condition to granting  a  loan  under this paragraph except as the superintendent may from time  to time approve. No refund of excess fines need be made if it amounts to  less than one dollar.    (6) As a condition of any loan made pursuant to  this  paragraph,  the  borrower  shall  certify that the mobile home, against which the loan is  made, is intended to be maintained in the state or in a contiguous state  as  a  residence  of  the  borrower,  the  borrower's   spouse,   child,  grandchild,  parent  or  grandparent. If the mobile home shall not be so  maintained on the ninetieth day next succeeding the date of the loan  or  if  it  is  relocated  so  as  to no longer be located in the state or a  contiguous state at any time before the first anniversary of  the  loan,  the  loan  and  all  authorized charges shall become immediately due and  payable subject only to the refund provisions of paragraph (d)  and  the  borrower  may,  if  the  contract so provides, be required to pay, as an  additional authorized charge, a penalty in an amount not to  exceed  two  per cent of the face amount of the loan.    (7)  No  loan shall be made by a savings and loan association pursuant  hereto if the total amount loaned  by  it  pursuant  to  this  paragraph  exceeds,  or  by the making of such loan will exceed, an amount equal to  five per cent of the assets of the savings and loan association.    (8) Subject to such limitations and conditions as  the  banking  board  may  prescribe by general regulation, a savings and loan association may  make a loan  pursuant  to  this  paragraph  which  the  federal  housing  administrator  has  insured  or  has made a commitment to insure and may  receive and hold such debentures as are issued by  the  federal  housing  administrator  in  payment  of  such  insurance,  or which is guaranteed  pursuant  to  the  provisions  of  the  act  of  congress  entitled  the  "Servicemen's   Readjustment   Act  of  l944."  No  law  of  this  state  prescribing or limiting the interest rate  upon  loans  or  advances  of  credit or prescribing a penalty for violation thereof or prescribing the  nature,  amount  or  form  of  security or requiring security upon which  loans or advances of credit may be made or prescribing or  limiting  the  period for which loans or advances of credit may be made or limiting the  amount  of any class of loans, advances of credit or purchases which may  be made shall be deemed  to  apply  to  loans,  advances  of  credit  or  purchases  made  or  to  loans  acquired  by  purchase  pursuant to this  subparagraph.    (e) A borrower may prepay any loan made pursuant to paragraph (b), (c)  or (d) in full or, with the consent of the savings and loan association,  may refinance the loan. In the event of such prepayment or  refinancing,  the  savings and loan association shall refund: (1) the unearned portion  of the interest to the borrower the amount of  which  portion  shall  be  determined according to a generally accepted actuarial method; provided,  however, that if the amount of interest previously deducted (i) was less  than  ten dollars, no refund shall be required; or (ii) exceeded the sumof ten dollars and the earned interest is less  than  that  amount,  the  savings  and  loan  association  may retain such an additional amount as  will bring the earned interest to the sum of ten dollars and refund  the  remainder,  and provided further, that unless the loan is refinanced, no  refund shall be required if it amounts to less than one dollar; and  (2)  if  a  charge  was  made  to  the borrower for premiums for insuring the  borrower under  a  credit  unemployment  insurance  policy,  group  life  insurance  policy,  or  under  a  group  health, group accident or group  health and accident insurance policy, the excess of the  charge  to  the  borrower  therefor  over the premiums paid or payable by the savings and  loan association, if such premiums were paid or payable by  the  savings  and  loan  association  periodically,  or  the refund for such insurance  premium received or receivable by the savings and loan  association,  if  such  premium  was paid or payable in a lump sum by the savings and loan  association, provided that no  such  refund  shall  be  required  if  it  amounts  to  less  than one dollar. In the event (i) the maturity of the  loan is accelerated due to the default of the borrower or otherwise  and  judgment  is  obtained,  or  (ii) repayment is made pursuant to any such  insurance policy, the borrower or his legal representative, as the  case  may  be,  shall  be  entitled to the same refund as if the loan had been  prepaid in full on the date of acceleration or repayment.    2-a. A savings and loan association may lend its  funds  to  borrowers  therefrom upon their promissory notes representing loans for the purpose  of  financing  the  purchase  of  or  refinancing  an existing ownership  interest in certificates of stock or  other  evidence  of  an  ownership  interest  in, and a proprietary lease from, a corporation or partnership  formed for the purpose of the cooperative ownership of  real  estate  as  provided in this subdivision.    A savings and loan association may, subject to such regulations as the  banking  board  finds  necessary  and  proper,  invest  to an amount not  exceeding the maximum per cent of the loans permitted to be made on real  estate improved by a single family  residence  occupied  by  the  owner,  provided  that  for  purposes of this section the amount of the purchase  price shall be deemed to equal the appraised value of  such  certificate  of  stock or other evidence of an ownership interest, or, in the case of  a refinancing, the appraised value of certificates  of  stock  or  other  evidence  of  the  ownership  of an interest in, and a proprietary lease  from, a corporation  or  partnership  formed  for  the  purpose  of  the  cooperative  ownership  of  real  estate, for the purpose of financing a  purchase of or refinancing an existing  ownership  interest  in  such  a  corporation  or  partnership;  provided  (a)  such investment is secured  within ninety days from the making of  the  loan  by  an  assignment  or  transfer  of the stock or other evidence of an ownership interest of the  borrower and a proprietary lease; and (b) repayments  of  principal  and  interest  shall  be  effected  within  the  same  number  of  years as a  conventional mortgage loan previously described in this subdivision. The  maximum rate of interest which may be charged, taken  or  received  upon  any loan or forbearance made pursuant to this subdivision may exceed the  rate  of  interest  prescribed  by  the banking board in accordance with  section fourteen-a of this chapter by no more than one and one-half  per  cent per annum.    3.  A  savings and loan association may also lend its funds, if at any  time such association has funds in excess of the amount needed for loans  to its members, as follows:    (a) To other savings and loan associations.    (b) Upon bonds and mortgages and notes and mortgages upon real  estate  to  the  same  extent  authorized  in  subdivision  one of this section,  subject to the limitations therein.3-a. A savings and loan association may also lend  its  funds  to  its  members  or  their  children  who  are  attending  or planning to attend  colleges in this state or elsewhere, to assist  them  in  meeting  their  expenses  of  higher  education,  where  such  loans  are  made  by  the  association  and  (1)  guaranteed  by  the  New  York  higher  education  assistance corporation in accordance  with  the  provisions  of  article  fourteen of the education law, or (2) insured or covered by a commitment  to  insure  or  are  guaranteed  or covered by a commitment to guarantee  issued by the federal education  commissioner  in  accordance  with  the  provisions  of the act of congress entitled the "Higher Education Act of  1965". In such cases no further security for the repayment of such loans  shall be required of the borrowers by the  association.  A  savings  and  loan  association  may  also  lend its funds to nonmembers, for the same  purposes and upon the same terms and conditions if, at  any  time,  such  association  has  funds  in excess of the amount needed for loans to its  members.    4. No loan shall be made under the provisions of this section upon the  security of a mortgage:    (a) Which is not a first lien upon  the  property  described  therein,  unless  all  prior mortgages, liens or encumbrances thereon are owned by  such association; and no such prior mortgage, lien or encumbrance  shall  be  sold,  transferred  or  assigned  by  such  association  until every  subsequent mortgage, lien or encumbrance owned by  it  shall  have  been  fully  paid  and satisfied; and further provided that whenever loans are  made under both subdivisions one and three of this section upon the same  real estate the limitations of amount applicable to the loan under  each  subdivision shall be determined by first segregating that portion of the  appraised value of the premises necessary to sustain the prior mortgage,  lien  or  encumbrance,  and  the  limitation of amount applicable to the  additional mortgage, lien or encumbrance shall then be  determined  with  reference only to the remaining portion of the appraised value; provided  further that the loan under subdivision three shall provide for equal or  substantially equal periodic payments of interest and principal at least  annually  in  amount  sufficient  to  pay  all  interest and effect full  repayment of principal within thirty years;    (b) Except upon the written and signed  certificate  of  an  appraiser  appointed  pursuant  to  policies established by the board of directors,  certifying to the value of the premises according  to  such  appraiser's  judgment.  Such  certificate  shall  be  filed  and  preserved among the  records of the association and any member shall have access thereto;    4-a. A savings and loan association may, in addition to the  authority  granted  under  any other subdivision of this section or subdivision six  of section three hundred seventy-nine of this article, make a loan to  a  natural person upon the security of a mortgage which is not a first lien  at  the  rate or rates agreed to by the savings and loan association and  the borrower, subject to such  regulations  as  the  banking  board  may  prescribe.  Such  regulations  by  the  banking  board  may include such  restrictions as the banking board finds necessary or  proper,  including  without  limitation,  a restriction as to the percentage of total assets  which may be invested in such loans or a  restriction  on  the  loan  to  appraisal value of property securing such loan.    For  purposes  of  this subdivision, the term mortgage shall include a  lien on an existing ownership interest in certificates of stock or other  evidence of an ownership interest in, and a proprietary  lease  from,  a  corporation  or  partnership  formed  for the purpose of the cooperative  ownership of real estate.    5. Every mortgage and every assignment of  a  mortgage  taken  by  any  savings and loan association shall be immediately recorded or registeredin the office of the proper recording officer of the county in which the  real  estate  described  in  such  mortgage is located. This subdivision  shall not apply to a participating interest in any mortgage which  shall  have  been  acquired  by  a  savings  and  loan  association  under  the  provisions of section three hundred eighty-c of the banking law  if  the  originating mortgagee shall have recorded such mortgage or an assignment  thereof  in  the office of the proper recording officer of the county in  which the real estate described in such mortgage is located.    6. Any savings and loan association may require either single  premium  reducing  term,  monthly  premium  reducing  term, or fully paid-up life  insurance or accident, health or disability insurance to be assigned  to  it  by  any  borrower. When directed by the written order of a borrower,  the cost of such insurance may be advanced and paid by the  association.  All such payments may be added to the unpaid balance of the loan.    7.  A  savings  and loan association shall have the power to waive its  right to enforce payment of a bond or note secured by a mortgage on real  property and may waive its right to obtain a deficiency judgment against  the borrower in the event of foreclosure of such mortgage.