HJR 72 would clarify home equity loan procedures and protections and make conforming changes to the written disclosure provided to the borrower at the loan closing. The amendment would establish that the status of whether property is an agricultural homestead for the purpose of receiving homestead protection, would be determined by whether it was designated for agricultural use on the date of the loan closing. The amendment would provide that a declared state of emergency (e.g., following a natural disaster) would justify execution of a second home equity loan on the same property less than one year after the first home equity loan. It would provide that non-substantive omissions on a loan application would not affect the agreement. It would require a borrower to receive a copy of all executed loan documents, and a disclosure list of fees and costs at closing. It would prohibit the use of preprinted checks for the use of unsolicited loan advances to obtain a home equity line of credit.
The constitutional amendment to clarify certain provisions relating to the making of a home equity loan and use of home equity loan proceeds.