Every association may require borrowing members to pay all reasonable expenses incurred in connection with the making, maintenance, closing, disbursing, extending, readjusting or renewing of real estate loans, which charges may be collected by the association from the borrower and retained by it or paid to any persons, including any director, officer or employee of the association rendering services in connection therewith, or paid directly by the borrower. In addition, any association may charge premiums for making such loans as well as penalties for prepayments or late payments. No director, officer or employee of an association shall receive any fee or other compensation of any kind in connection with procuring any loan for an association except for services actually rendered as provided in this section. A loan settlement statement shall be furnished by or on behalf of the association to each borrower upon the closing of every real estate loan, indicating in detail the expenses, fees and charges the borrower has paid or obligated himself to pay to the association or to any other person in connection with the loan. A copy of the statement shall be retained in the records of the association.
History: 1953 Comp., § 48-15-85, enacted by Laws 1967, ch. 61, § 41.
ANNOTATIONSCross references. — For the limits on commissions for securing loans, see 56-8-7, 56-8-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Banks §§ 110 to 120.
Construction and application of 18 U.S.C.S. § 213 punishing acceptance of loan or gratuity by bank examiner, 19 A.L.R. Fed. 340.
9 C.J.S. Banks and Banking §§ 461, 462.