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Mortgage Loan Officer General FAQs


What statutes require loan officer registration?
What is the effective date for loan officer registration under the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act?
What is the registration period for a loan officer registrant?
Who will be required to register as a loan officer registrant?
Is loan officer registration required under the Secondary Mortgage Loan Act?
Is there a difference in obtaining a first mortgage loan officer registration and a secondary mortgage loan officer registration?
What is a loan officer?
Is a loan officer the same as a loan officer registrant?
Is a loan officer or loan officer registrant the same as a licensee or a registrant?
Can a loan officer registrant originate mortgage loans for more than one licensee or registrant?
For what time period may a loan officer operate without a loan officer registration?
How long can loan officers receive compensation or other remuneration without being registered?
If a loan officer originates a mortgage loan prior to April 1, 2009, can the mortgage loan close on or after April 1, 2009, and the loan officer be compensated for the mortgage loan origination without the loan officer being a loan officer registrant?
If a loan officer originates a mortgage loan after March 31, 2009, can the loan officer be compensated for the mortgage loan origination without the loan officer being a loan officer registrant?
Do officers, directors, shareholders, members, or partners of a currently licensed or registered mortgage broker, lender, or servicer, need to apply for and receive a loan officer registration?
If an individual is currently licensed or registered as a mortgage broker, lender, or servicer, is it still necessary to apply for and receive a loan officer registration?
Is a loan officer required to be an "employee" of a licensee or registrant after March 31, 2009?
If I am an "employee" of a licensee or registrant and I intend to originate mortgage loans, do I still need a loan officer registration?
What are the bonding requirements for a loan officer registrant?
What are the net worth requirements for a loan officer registrant?
Can an individual use the title or designation "loan officer", "loan originator", "mortgage loan officer", or "mortgage loan originator"
Can a mortgage loan officer registrant use the word "registered", "certified", or any word in his or her title or designation
What may be disclosed, provided, or made available to the public regarding loan officer registrants or loan officer registrant applicants
What shall not be disclosed, provided, or made available to the public regarding loan officer registrants or loan officer registrant applicants
 
 
Question What statutes require loan officer registration?
Answer Loan officer registration is a requirement of the Mortgage Brokers, Lenders, and Servicers Licensing Act, and the Secondary Mortgage Loan Act, and the Consumer Financial Services Act.
   
Question What is the effective date for loan officer registration under the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act?
Answer The effective date requiring loan officer registration is April 1, 2009.
   
Question What is the registration period for a loan officer registrant?
Answer The initial registration period is April 1, 2009, through December 31, 2009.  Thereafter, the registration period will be calendar January 1 through December 31.
   
Question Who will be required to register as a loan officer registrant?
Answer Beginning April 1, 2009, any individual that originates a mortgage loan and receives any compensation, commission, fee, points, or other remuneration or benefits from a licensee or registrant.
   
Question Is loan officer registration required under the Secondary Mortgage Loan Act?
Answer Yes, beginning April 1, 2009, if the loan officer is not a loan officer registrant under the Mortgage Brokers, Lenders, and Servicers Licensing Act and will originate for a mortgage broker, lender, or servicer that only brokers, makes, or services secondary mortgage loans.
   
Question Is there a difference in obtaining a first mortgage loan officer registration and a secondary mortgage loan officer registration?
Answer No, both loan officer registrations have the same requirements.
   
Question What is a loan officer?
Answer A loan officer is an individual who is authorized to originate mortgage loans for a licensee or registrant without a loan officer registration and without compensation.
   
Question Is a loan officer the same as a loan officer registrant?
Answer No, a loan officer is an individual that has not received loan officer registration approval.
   
Question Is a loan officer or loan officer registrant the same as a licensee or a registrant?
Answer No.  Licensees and registrants are mortgage brokers, lenders, or servicers.
   
Question Can a loan officer registrant originate mortgage loans for more than one licensee or registrant?
Answer No. A loan officer registrant is required to originate exclusively for only one licensee or registrant;  however, if a loan officer registrant is also licensed or registered as a mortgage broker, mortgage loans originated by the loan officer registrant may be brokered to more than one mortgage broker, lender or servicer.
   
Question For what time period may a loan officer operate without a loan officer registration?
Answer
  • Statutory law allows a loan officer to originate a mortgage without a loan officer registration if a licensee or registrant conducts a criminal history check of that loan officer, the results of the criminal history check meet the felony/misdemeanor requirements, and the licensee or registrant provides written notification to the commissioner.
  • After notification the loan officer may originate mortgage loans without compensation for 90 days.
  • Important, please see OFIR April 2009 letter: http://www.michigan.gov/documents/dleg/090414_Non-LOR_WageHour_Comp_Instructions_OFIRwebsite
    _275238_7.pdf
    .
   
Question How long can loan officers receive compensation or other remuneration without being registered?
Answer The last day loan officers can receive compensation or other remuneration without being registered is March 31, 2009.
   
Question If a loan officer originates a mortgage loan prior to April 1, 2009, can the mortgage loan close on or after April 1, 2009, and the loan officer be compensated for the mortgage loan origination without the loan officer being a loan officer registrant?
Answer Yes
   
Question If a loan officer originates a mortgage loan after March 31, 2009, can the loan officer be compensated for the mortgage loan origination without the loan officer being a loan officer registrant?
Answer No.  Only loan officer registrants can be compensated for mortgage loans originated after March 31, 2009.
   
Question Do officers, directors, shareholders, members, or partners of a currently licensed or registered mortgage broker, lender, or servicer, need to apply for and receive a loan officer registration?
Answer Yes, if the officer, director, shareholder, member, or partner will originate Michigan mortgage loans.
   
Question If an individual is currently licensed or registered as a mortgage broker, lender, or servicer, is it still necessary to apply for and receive a loan officer registration?
Answer Yes.
   
Question Is a loan officer required to be an "employee" of a licensee or registrant after March 31, 2009?
Answer No, beginning April 1, 2009, a loan officer may be an employee or agent of one licensee or registrant.
   
Question If I am an "employee" of a licensee or registrant and I intend to originate mortgage loans, do I still need a loan officer registration?
Answer Yes, beginning April 1, 2009.
   
Question What are the bonding requirements for a loan officer registrant?
Answer No bonding is required of a loan officer registrant.
   
Question What are the net worth requirements for a loan officer registrant?
Answer No net worth is required of a loan officer registrant applicant.
   
Question Can an individual use the title or designation "loan officer", "loan originator", "mortgage loan officer", or "mortgage loan originator"?
Answer

Beginning April 1, 2009, an individual employed or engaged as an agent by a licensee or registrant as a loan officer shall not use the title or designation "loan officer", "loan originator", "mortgage loan officer", or "mortgage loan originator" unless the individual is registered as a loan officer registrant.

   
Question

Can a mortgage loan officer registrant use the word "registered", "certified", or any word in his or her title or designation?

Answer

Beginning April 1, 2009, a mortgage loan officer registrant and the employer or principal of a loan officer registrant shall not use the words "registered", "certified", or any other word of similar import in his or her title or designation unless approved by the commissioner.

   
Question

What may be disclosed, provided, or made available to the public regarding loan officer registrants or loan officer registrant applicants?

Answer

The name, business address, and business telephone numbers of the loan officer registrant or loan officer registrant applicant.

   
Question

What shall not be disclosed, provided, or made available to the public regarding loan officer registrants or loan officer registrant applicants?

Answer

Personal identifying information about the loan officer registrant or loan officer registrant applicant.

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