Compliance News Alert: Mississippi SAFE Act Updates
May 14, 2026
Mississippi has recently adopted updates to the rules promulgated under the Mississippi SAFE Mortgage Act, Miss. Code Ann. §§ 81-18-1 et seq.
One of the updates concerns the recordkeeping requirements for the Notice of Right to Cancel. Under 12 C.F.R. § 1026.23(b)(1), each borrower must receive two copies of the notice. Previously, the Mississippi SAFE Act required lenders to retain one copy of the notice in the borrower’s file. The revised rule now requires lenders to retain two copies of the Notice of Right to Cancel in the loan file. See Miss. Admin. Code tit. 5, pt. 2, ch. 1, r. 1.8.1.
Currently, our document packages include three copies of the Notice of Right to Cancel for each borrower—two copies for the borrower and one copy for the lender. Because the document is already generated in triplicate, no changes will be made to the existing print conditions.
Another new requirement under the amended Mississippi SAFE Mortgage Act and the newly adopted implementing regulations requires a disclosure when a lender, broker, or mortgage loan originator acts in dual capacities. See Miss. Admin. Code tit. 5, pt. 2, ch. 1, r. 1.11. We are currently developing this new dual-capacity disclosure.
The disclosure must be provided at "the first substantive contact," defined as the first meaningful discussion regarding the transaction. This document will be configured to print generically in the initial disclosures package when required. However, in some circumstances, the disclosure may need to be provided before the initial disclosures package. Clients whose LOS systems support pre-application packages will be able to configure custom print conditions to include this disclosure in a pre-application package.
These rules take effect May 26, 2026. We will release an alert when the new dual-capacity disclosure document is available for testing.
LEG-3786
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third-party should consult with an attorney prior to embarking upon any specific course of action.
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.