Montana Revises Definition of “Alter” Pertaining to Mortgage Loan Documents

The state of Montana has updated the definition of “alter” as used in MCA 32-9-124(1)(l): mortgage licensees may not “knowingly withhold, abstract, remove, mutilate, destroy, alter, or keep secret any books, records, or other information from the department [of administration].”

Loan documents may not be altered by:

  1. Using correction fluid, correction tape, or any other means of changing or covering over a date or signature not on the original;
  2. Inserting a signature or date not on the original; or
  3. Making any other change to a document.

Permissible error corrections include:

  1. Reprint the document, have it re-signed, and retain the original document noting in the file why the document was reprinted and re-signed; or
  2. Strike out the error, put the correct text beside it, and initial and date the change.

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CLA Bankers Advisory is an Authorized MERS Patron Member

Please contact our office to discuss a range of service options to help your organization complete its compliance obligation for MERS Quality Assurance. CLA Bankers Advisory is a MERS patron member and provides consulting services, including assessments necessary for completion of the MERS Annual Report process. Engagements evaluate completion of system-to-system reconciliation and validation of records between lenders, MERS, and any sub-servicer.

 

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Margaret Wright, JD, is regulatory compliance director with Bankers Advisory. She is a graduate of Stonehill College and earned her juris doctor at Suffolk University Law School. She is admitted to the Massachusetts Bar.

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