News & Analysis as of

Licensing Rules Mortgage Lenders

Hudson Cook, LLP

Company Violates Mortgage Law by Holding Servicing Rights without License

Hudson Cook, LLP on

It is usually no surprise to companies operating in the financial services space that they may need a state license to make or service consumer loans. That is particularly true when the loans are highly regulated residential...more

Ballard Spahr LLP

South Dakota Regulator Requires BSA/AML Compliance for Money Lender Licensees and Non-Residential Mortgage Lenders

Ballard Spahr LLP on

The South Dakota Division of Banking issued a Memorandum notifying all licensed money lenders and non-residential mortgage lenders of their Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) obligations under a 2020 Final...more

Ballard Spahr LLP

Amendments to Ohio’s Administrative Rules Relating to Residential Mortgage Lending

Ballard Spahr LLP on

The Ohio Department of Commerce, Division of Financial Institutions is amending the rules that implement the state’s Residential Mortgage Lending Act. The Division is seeking preliminary feedback on the administrative rules,...more

Orrick, Herrington & Sutcliffe LLP

Arizona amends licensing provisions

On May 19, the Arizona governor signed HB 2010 to amend certain sections of the Arizona revised statutes relating to the Department of Insurance and Financial Institutions. Amendments make changes to several licensing...more

Goodwin

Massachusetts Division of Banks Enters into Consent Order with Mortgage Lender

Goodwin on

On January 26, 2023, the Massachusetts Division of Banks (DOB) entered into a consent order​ with a California-based mortgage lender. According to the DOB, the company, which was licensed as a mortgage lender in...more

Orrick, Herrington & Sutcliffe LLP

Arkansas amends sponsorship licensing requirements under Fair Mortgage Lending Act

On March 21, Arkansas enacted HB 1439 to clarify the sponsorship process and amend licensing requirements under the state’s Fair Mortgage Lending Act. The amendments modify the definition of a “transitional loan officer...more

Orrick, Herrington & Sutcliffe LLP

North Dakota amends mortgage licensing requirements

On March 13, the North Dakota governor signed SB 2090, which, among other things, revises licensing requirements for residential mortgage lenders. ...more

Orrick, Herrington & Sutcliffe LLP

CSBS seeks comments on uniform mortgage licensing standards

On March 16, the Conference of State Bank Supervisors (CSBS), on behalf of the NMLS Policy Committee, issued a request for public comments on proposed uniform state licensing standards for mortgage companies. ...more

Troutman Pepper

Virginia Considering Legislation to Permit Remote Work for Employees of Licensed Mortgage Lenders and Brokers

Troutman Pepper on

Following a trend started during the COVID pandemic, Virginia State Delegate Bill Wiley (R) introduced a bill, HB 2389 in the current legislative session of the Virginia General Assembly that would allow employees of a...more

Sheppard Mullin Richter & Hampton LLP

Georgia and Rhode Island Amend Consumer Finance Laws to Add Licensing Exemption, Remote Work Authorization

State legislatures in Georgia and Rhode Island recently amended their lending and licensing laws. The following are the noteworthy updates: Georgia - - HB 891 creates an exception from licensure under the Georgia...more

Bradley Arant Boult Cummings LLP

The Twelve Days of Renewals

On the first day of renewals the NMLS brought to me, system issues and lock outs. Yes, the 2021 Renewal season brought no holiday joy to either regulator or industry users. The first twelve days did present challenges with...more

Miles & Stockbridge P.C.

Will You Need a License to Hold MSRs in Maryland?

The question of whether a state mortgage finance licensing obligation arises to acquire and hold mortgage loans or mortgage loan servicing rights has often generated confusion and raised questions among mortgage finance...more

Miles & Stockbridge P.C.

Commercial Lender Licensing and Commercial Loan Disclosures in New York

To date, the licensing and disclosure obligations for lenders and brokers of commercial loans, (including commercial mortgage loans and non-real estate-secured commercial or business purpose loans) have not received the...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Miles & Stockbridge P.C.

Don’t Short-Change, Change in Control Filings

Miles & Stockbridge P.C. on

Most state mortgage finance, consumer credit, collection agency, sale finance, and money service business licensing laws have a provision that dictates what needs to be done or what needs to be filed in connection with the...more

Bradley Arant Boult Cummings LLP

New Mortgage Licensing Requirements Come to the West

During this pandemic, both Idaho and South Dakota have been busy adding new mortgage licensing requirements. As discussed below, these new licensing requirements will materially impact mortgage lenders and servicers doing...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

Updated June 16, 2020 - In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (Updated)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance For Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

States Issue Work-From-Home Guidance for Mortgage Lenders (UPDATED)

Ballard Spahr LLP on

In response to the COVID-19 pandemic, state mortgage regulators are daily issuing guidance (1) about whether work from home arrangements are permissible under their existing licensing requirements and/or (2) are granting...more

Ballard Spahr LLP

Alaska Exempts Nonprofit Organizations From Mortgage Lender Licensing Requirements

Ballard Spahr LLP on

The Alaska Department of Commerce, Community, and Economic Development recently adopted amendments to its mortgage lending regulations to exempt bona fide nonprofit organizations from the licensing requirement....more

Ballard Spahr LLP

New Jersey Mortgage Servicer License Applies to Holders of Mortgage Servicing Rights

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The New Jersey Department of Banking and Insurance recently issued a bulletin to provide guidance relating to the licensing and registration of mortgage servicers under the New Jersey Mortgage Servicers Licensing Act. The...more

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