SAFE Act & UST Flashcards
What does the SAFE Act stand for?
Secure and Fair Enforcement Act
The SAFE Act is Title ___ of what Act?
5; HERA
What law created and came before the SAFE Act?
The Housing and Economic Recovery Act (HERA)
What does the SAFE Act do?
Requires states to implement the MLO licensing process that meets certain standards through the NMLS or NMLSR
What does NMLSR stand for?
Nationwide Mortgage Licensing System and Registry
Which two entities worked with HUD to establish the NMLS and establish min. standards for licensing or registration of all MLOs?
The Conference of State Bank Supervisors (CSBS) and American Association of Residential Mortgage Regulators (AARMR)
What does the NMLSR do?
establishes min. standards for licensing or registration of all MLOs
A loan originator is an individual who does what?
- takes residential mortgage loan application
- offers or negotiates terms of residential mortgage loan for compensation or gain
What are the exceptions to the requirement to be state-licensed as an MLO?
- any individual who performs administrative or clerical tasks for licensee
- extending credit on timeshare plans
- individuals who negotiate a mortgage loan for themselves or immediate family members
- a loan processor or underwriter who does not represent the public through advertising (business cards, brochures, etc) that he or she is a loan originator.
- Attorneys who negotiate loan terms as an ancillary service and who aren’t compensated by a loan originator or lender
What does the successive year rule state?
Successive Year Rule says you cannot take the same course as a previous year for CE credit. It can be the same provider but it must be a different course.
What criminal history makes a person ineligible to qualify for licensure?
having an MLO license revoked in any government jurisdiction; Not guilty of or pled guilty of a felony in past 7 years unless it was pardoned; a felony involving an act of fraud, dishonesty, or a breach of trust, or money laundering ever
What are three important facts about State Regulatory Authority responsibilities?
- Have in place one of three protection options: min net worth, surety bonding or state recovery fund
- State and federal regulating authorities do no have authority to impose prison sentence
- Penalties - the max for ea act or omission shall be $25K