The Washington Department of Financial Institutions has adopted regulations effective December 31, 2022 to implement amendments to the Consumer Loan Act permitting licensed companies to allow licensed mortgage loan originators to work from their residence without licensing the residence as a branch.
Among various amendments and clarifications to the regulations is new WAC § 208-620-660, which provides:
What is required for a Washington licensed loan originator to work from their residence without licensing the residence as a branch?
A licensed company may permit a sponsored and licensed loan originator to work from the loan originator’s residence without licensing it as a branch location under RCW 31.04.075 and subject to the following conditions:
(1) The company must have written policies and procedures that include appropriate risk-based monitoring and oversight processes for the supervision of loan originators working from their residence without licensing it as a branch location. The loan originator must comply with the licensee’s policies and procedures.
(2) Access to the company platforms and customer information must be in accordance with the licensee’s comprehensive written information security plan, as required by WAC 208-620-571, which must include safeguards that protect borrower information.
(3) Communications that contain a customer’s protected personal information must be in compliance with federal and state information security requirements, including the applicable provisions under the Gramm-Leach-Bliley Act and the Safeguards Rule. See WAC 208-620-571 and 208-620-572 for more information.
(4) The loan originator’s residence may not be held out in any manner, directly or indirectly, as a licensed main or branch location unless it is licensed as a main or branch location. The following is not allowed at the loan originator’s residence unless it is licensed as a main or branch location:
(a) Conducting in-person customer interactions;
(b) Storing physical records containing customer information;
(c) Receiving physical records containing customer information; and
(d) Advertising the location as a licensed main or branch office.
(5) The NMLS record of the loan originator must designate the licensed main office headquarters or a licensed branch office as their registered location.
(6) The loan originator must use their registered location from NMLS in the “loan originator information” section on residential mortgage loan applications.
The amended regulations also make clear that a licensed loan originator may originate loans from any licensed location or their residence, whether located in Washington or not, so long as the sponsoring company is licensed to do business in Washington. See WAC § 208-620-700 (11) (effective 12/31/2022).
The full text of the amended regulation is available here.
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