Michigan Laws 445.1859 – Additional financial services as condition for loan approval prohibited; offer of services; certain transactions or requirements not prohibited; applicability of section to depository institution
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(1) A regulated lender shall not require as a condition of approving a loan that the borrower contract for 1 or more additional financial services offered by the regulated lender or a particular service provider designated by the regulated lender.
(2) This section does not preclude a regulated lender from offering a combination of 2 or more services under prices or terms that are more favorable to the borrower than the prices or terms the services would be offered separately.
Terms Used In Michigan Laws 445.1859
- Borrower: means a person who obtains an extension of credit from a regulated lender. See Michigan Laws 445.1852
- Contract: A legal written agreement that becomes binding when signed.
- Depository institution: means a bank, savings and loan association, savings bank, or a credit union chartered under state or federal law which maintains a principal office or branch in this state. See Michigan Laws 445.1852
- Person: means an individual, corporation, partnership, association, governmental entity, or any other legal entity. See Michigan Laws 445.1852
- Regulated lender: means a depository institution, a licensee under the consumer financial services act, Act No. See Michigan Laws 445.1852
(3) This section does not prohibit a transaction or requirement that is not prohibited by federal law.
(4) This section does not apply to a requirement by a depository institution subject to 12 U.S.C. § 1972 or by an affiliate of 1 or more of such depository institutions.
(5) As used in this section:
(a) “Affiliate” means a person that controls, is controlled by, or is under common control with 1 or more depository institutions.
(b) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person.