Minnesota Revises Licensing Requirements Effective August 1, 2019

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Minnesota has revised its Residential Mortgage Originator and Servicer Licensing Act to provide an exemption from residential mortgage originator licensure requirements for a "manufactured home dealer" and "manufactured home salesperson" under certain conditions, and has revised its SAFE Act to provide an exemption from residential mortgage loan originator licensing requirements for employees of such persons. To qualify, such person/employee must

  • perform only clerical or support duties in connection with assisting a consumer in filling out a residential mortgage application and not in any way offer or negotiate loan terms or hold themselves out as a "housing counselor;"
  • not directly or indirectly receive compensation from any individual or company for assisting consumers, in excess of customary salary or commission from the employer in connection with the sales transaction; and
  • disclose to the borrower in writing (on a form prescribed by the commissioner and developed in consultation with the Manufactured and Modular Home Association to be published on the department's website): if a corporate affiliation exists with a lender, and if so, that the lender cannot guarantee the lowest or best terms available, the consumer has the right to choose their lender and the name of at least one unaffiliated lender.

For purposes of the foregoing:

  • A "manufactured home dealer" means a "dealer or retailer" or a "limited dealer or limited retailer" as defined in Chapter 327B.01 of the Minnesota Statutes governing manufactured home sales;
  • A "manufactured home salesperson" means a "salesperson" as defined in Chapter 327B.01; and
  • A "housing counselor" is an individual who provides assistance and guidance about residential mortgage loan terms, including rates, fees, or other costs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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