State Artificial Intelligence Law and the Real Estate Finance Industry
In the absence of Congressional action, states have begun debating how to regulate artificial intelligence (AI) in earnest with legislative efforts broadly aimed across industries. In May 2024, Colorado became the first state to enact a statute governing these tools. MBA and its partner state and local associations are engaged in advocacy to ensure the specific needs of the real estate finance industry are considered in these debates and incorporated into any final policy. MBA created a report exploring AI in the Mortgage Industry and a document outlining Myths vs. Facts about the industry's use of AI. Educating state legislator's on the use and purpose of these technologies is key to ensuring these policies do not interfere with the overall mortgage market.
For example, member companies often rely on AI tools they do not own nor control in order to extend sustainable mortgage credit to low- and moderate-income families through the affordable housing programs of the federal government. This includes AI tools developed or required by Fannie Mae, Freddie Mac, the Federal Housing Administration, the Department of Agriculture's Rural Housing Service, and the Veterans Administration's Loan Guarantee Program.
Given the reliance on federal tools, it is vital that state policy makers continue to allow their federal counterparts to manage these systems and not create any unintended consequences through a patchwork of state laws.
ENACTED
Colorado: Consumer Protections for Artificial Intelligence (May 17, 2024)
- Rulemaking Updates: https://coag.gov/ai/
Texas: Texas Responsible Artificial Intelligence Governance Act (June 22, 2025)
All Activity Related to State Artificial Intelligence Legislation
- 2025 State AI Legislative Activity (Active Legislation as of September 17th)
- August 28, 2025: Colorado Governor Polis approves a bill ( SB25B-004) to push the implementation date of the Consumer Protections for Artificial Intelligence Act to June 30, 2026.
- August 6, 2025: Colorado Governor Polis calls for a special session to include amendments to SB 24-205, Consumer Protections for Artificial Intelligence. Special session will convene August 21st 10:00AM local time. See Governor Polis press release here.
- 2025 State AI Regulatory Activity:
- November 22, 2024: California's Consumer Privacy Protection Agency (CPPA) published proposed regulations regarding cybersecurity and automated decision making technology (ADMT).
- February 18, 2025: MBA submits joint comments with California MBA and California Bankers Association in response to the CPPA proposed rule.
- May 9, 2025: CPPA posts a notice with modifications to the November 2024 proposal. Comments are due June 2, 2025 5:00 pm PT.
- June 2, 2025: MBA and California MBA submit joint comments to the CPPA board on their May modifications notice.
- September 22, 2025: California Privacy Protection Agency receives approval on ADMT regulations. The approved final regulations text and other final rulemaking documents can be found here. Businesses that use ADMTs to make significant decisions and are subject to these regulations must comply by January 1, 2027.
- 2025 State AI Related Activity in Congress:
- H.R. 1 - 119th Congress (2025-2026), originally included language in Section 43201. (c) which was a 10-year moratorium on state enforcement or regulation on AI (AI models, AI systems or automated decision systems). This language was ultimately removed prior to passing. To read the language around the moratorium, click here.
- H.R. 1 - 119th Congress (2025-2026), originally included language in Section 43201. (c) which was a 10-year moratorium on state enforcement or regulation on AI (AI models, AI systems or automated decision systems). This language was ultimately removed prior to passing. To read the language around the moratorium, click here.
- State AI Leg & Reg Activity 2023-2024
Related MBA Events
AI Mortgage Practitioner: February 2026
MBA and PhoenixTeam have partnered to help you and your organization unlock the future of mortgage with the power of artificial intelligence (AI). The AI Mortgage Practitioner Course will equip you with the essential skills and hands-on expertise to
MBA and PhoenixTeam have partnered to help you and your organization unlock the future of mortgage with the power of artificial intelligence (AI). The AI Mortgage Practitioner Course will equip you with the essential skills and hands-on expertise to understand how AI is transforming the mortgage industry.
Led by industry AI leader, Robert Smith, this three-day training event will teach MBA members the core AI concepts for the purpose of discovering, developing, and deploying practical AI solutions for the mortgage industry. In a live, virtual setting, we will walk you through foundational AI concepts, real-world use cases, and roll-up-your-sleeve activities, all designed to help you apply AI in your business.
The partnership with MBA and PhoenixTeam enables MBA members to access this training at discounted pricing and to have priority with registrations in a class with limited capacity.
Objectives:
- Foundational AI concepts and how they apply to the mortgage industry
- Real-world use cases and insights from industry-leading AI experts
- Hands-on activities to enhance your skills, such as prompt engineering and risk management
- Strategies for AI deployment and understanding ROI in your operations and much more
Date/Time:
- Monday, February 23 - Wednesday, February 25, 2026 (See below for specific times for each day.)
Pre-Work Requirements:
In preparation for this AI training, please have the following accounts available:
- Paid ChatGPT account (A monthly license can be purchased for approximately $20.00.)
- Free Claude account
- Free Gemini account
- Free ElevenLabs account
Please Note:
- Access to these accounts will be used for classroom activities, so it is important to establish these prior to the training.
- Based on previous participant experience, many have found it helpful to log in/attend training from a personal laptop to avoid firewall issues.
Agenda*:
Day One: Foundations - Monday, February 23 (1:00 PM - 4:00 PM ET)
- 1.1 Welcome
- 1.2: AI Foundational Definitions and Concepts
- 1.3: History of AI Broadly
- 1.4: Activity – Conversational AI
- 1.5: History of AI in Mortgage
- 1.6: AI Adoption at Scale (*Special Guest Speaker*)
- 1.7: AI in Mortgage Today
- 1.8: Activity – Classifying AI Technologies
- 1.9: How a Large Language Model Works
- 1.10 Activity – Conversational v. Reasoning AI
Day Two: Use Cases - Tuesday, February 24 (1:00 PM - 4:00 PM ET)
- 2.1: Prompt Engineering
- 2.2: Retrieval Augmented Generation
- 2.3: Activity – Create a Ragbot
- 2.4: Use Case Identification
- 2.5: Activity – Value Hypotheses
- 2.6 Designing AI Experiments
- 2.7: Exploring Other AI Types
- 2.8: Activity – Exploring Multimodal AI
- 2.9: Levels of Autonomy & Human in the Loop
Day Three: Deployment - Wednesday, February 25 (1:00 PM - 4:00 PM ET)
- 3.1: Legal and Regulatory Landscape and Issues
- 3.2: Legal Issues in Action (*Special Guest Speaker*)
- 3.3: Large Language Model Guardrails
- 3.4: Activity – Critique a Ragbot Against RAI Pillars
- 3.5: Designing and Implementing Guardrails
- 3.6: Return on Investment and the Cost of AI
- 3.7: Bringing GenAI to Your Organization
- 3.8: Activity – Planning Your Next Steps
*The agenda is subject to change to meet the evolving nature of the subject matter.
Experience Level:
- Foundational
- Intermediate
Target Audience:
- All single-family mortgage professionals! AI is for everyone and MBA wants to ensure you stay at the forefront of this rapidly emerging and ever evolving landscape.
MBA Education Cancellation Policy:
- For more information on course cancellations, transfers, substitutions or extensions, please review our MBA Education Policies.
Speaker(s):
- Robert Smith, Senior Strategic Product & Delivery Consultant, PhoenixTeam
Special Discounts:
- Please contact David Upbin for group pricing.
William Kooper Discusses State Artificial Intelligence Advocacy Efforts
Join MISMO's Artificial Intelligence (AI) Community of Practice (CoP)
MISMO's AI CoP aims to bring together experts and practitioners to collaborate on advancing artificial intelligence standards in the mortgage industry. The AI CoP will also be a forum for industry professionals to stay informed on the latest AI trends and advancements that are transforming the mortgage landscape. Access MISMO Connect to join.

Leave a comment