Monday, May 10, 2010

Have You Transitioned Yet? – Calling all Licensees in California (DOC), Montana, Oregon, Utah (DRE), and Texas (SML)

If you are a licensee in California (under the Department of Corporations), Montana, Oregon, Utah (under the Department of Real Estate) or Texas, (under the Department of Savings and Mortgage Lending), your deadline to transition your license to the Nationwide Mortgage Licensing System (NMLS) is coming up at the end of May, 2010 (depending on your state, it’s May 28th (California) or May 31st.

What does it mean if you haven’t transitioned your licenses before the deadline? It could mean that you can’t originate any loans after July 31, 2010. Most companies and loan originators are uncertain as to whether they are affected by the new laws. Many companies and loan originators never were subject to licensing requirements under their own state statutes. But all states have changed their laws to conform to the requirements of the federal SAFE Act. So, in all 50 states and Washington D.C., loan officers who work for mortgage lenders, correspondent mortgage lenders, and mortgage brokers, will need to be licensed.

So, catch up with your licensing requirements. Create an MU4 record through the NMLS. Take the necessary tests immediately (each loan originator must pass a state test and a national test). If your loan originator fails either test, he must wait 30 days before he can re-take the test. And passing the test is not a given – a significant portion of the test-takers are failing the tests. Schedule your FBI criminal background check through the NMLS. Don’t wait until the last minute. If you have questions, call your state regulatory agency. There are licensing companies that help mortgage companies and loan officers to transition their licenses. If your company or your loan officers are already licensed in other states and you are on the NMLS, don’t forget to go back into your MU1, MU3, and MU4 records and transition your CA, MT, OR, UT, and TX licenses (and update your registered agent information, jurisdiction information, and pay the transition fees).

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