The December 31st Deadline is Quickly Approaching – Does It Affect You?

December 31st is the deadline for quite of number of people in the mortgage business. Many licenses expire and must be renewed. Certain states are completing their transitions to the Nationwide Mortgage Licensing System (NMLS) – Florida, Maryland, and Utah DFI. Hawaii received an extension from HUD through March 31, 2011 to complete its transition to the NMLS. This means that most of you are affected by the December 31st deadline.

Who is not affected? If you renewed your license already, and if you have completed all of your required continuing education, and you have submitted your checklist to your state regulatory agency, then December 31st doesn’t mean much to you. You may wish to contact your state regulatory agency to confirm that they have received everything from you that they need. At this time of the year, the reviewers are checking through thousands of renewal applications, so they may be delayed in approving or denying an application. But, you should check to make sure that you have sent in all required items.

The NMLS and most states are sending out generic reminders of various requirements for renewal. Read through each reminder in its entirety to make sure that it doesn’t apply to you. If it does apply, immediately schedule the work that needs to be done to bring you into compliance. Did you authorize your credit report to be pulled? Did you send in your checklist with all required documentation? Did you take all required continuing education? If you are not sure if the reminder applies to you, call your state regulatory agency and speak to someone in the licensing division. It’s better to be sure than to find out too late that you missed a requirement of your renewal. If you find that you are very busy this time of year, hire a licensing firm that can do most of the work for you and keep you apprised of what you still need to do.

If you are licensed in one of the states that is transitioning to the NMLS, you must decide whether you will transition your license in the next 10 days. I have several clients that are still making that decision and those state regulatory agencies are warning their licensees not to wait until the last minute to transition or they may not be properly licensed at the beginning of January. If you already have an NMLS record, the amount of time you need to spend to add a new state is not onerous (unless you are busy trying to close loans and make some money at this time of the year). If you have never been on the NMLS, you will be shocked at the amount of time it will take you to learn how to use the system. Plus, you must comply with all of the requirements of your license under the new statute.

I urge all mortgage company owners and all loan originators to take a few minutes to ensure that you have complied with all requirements to renew your licenses and/or to transition your licenses to the NMLS. You don’t want to be scrambling in January without a license.

Can You Make a Living as a Mortgage Broker/Lender in The New Normal?

Real estate contracts are way down, refinances are being challenged by appraisals that come in too low to meet the needed LTV ratios, and too many homeowners are frozen in their current mortgage. This is the new normal.

I just read an article in the Orlando Sentinel in which the Florida Office of Financial Regulation is concerned that many mortgage brokers will not be licensed on January 1st since only about ¼ of them have transitioned to the Nationwide Mortgage Licensing System (NMLS). Florida’s deadline for transition is December 31st.

I have not taken a formal survey but my experience has shown me that in every state that has transitioned to the NMLS, over half of the existing licensees did not make the transition. In some states, it was close to ¾ of the mortgage brokers who lost or surrendered their licenses.

In the current climate of mortgage brokering, a huge group of loan officers are leaving this line of business. There are many reasons. Some of them feel they cannot make the kind of living they used to (during the real estate bubble) so they look for a more lucrative occupation. Others do not want to jump through the many hoops that the new SAFE law requires. Others cannot meet the require4ments of the SAFE Act, either because of a prior felony conviction that did not previously affect their licensing, or because they have a bankruptcy on their credit record, or because their credit score is too low.

I don’t think this new real estate climate can support more loan officers. There is not a lot of business to go around. I met a loan originator who started in this line of work in 2008 and this is the only real estate market he’s ever known. He has heard the stories from other loan officers who talk of phones ringing off the hook, how much easier it was to work with the old Good Faith Estimate, and how quickly loans closed. But all that is gone. It isn’t coming back for years, if ever. Have you learned how to make a living in the new normal? If you haven’t, you’d better re-think your career plans. When the country climbs out of this recession, real estate sales will increase because there are thousands, maybe millions of people who need to move for their jobs. But the flippers, the speculators, the people whose foreclosures will prevent them from buying for a few years – they will all be out of the market until the next normal comes into play. For now, you need to figure out how to grow your business in ways that you didn’t need to bother with 5 years ago. Do you have any ideas for how to grow your business in the new normal?

Don’t Forget to Renew Your Branch Licenses

Once of my clients has several branches, some of which are doing great and others that are not doing so well. I’ve already been on the Nationwide Mortgage Licensing System (NMLS) to renew the company license and I’ve asked the owners whether they want to renew all of the branches or just some of the branches. At this point, I still don’t have an answer and there are only about 3 weeks left in the renewal season.

The NMLS provides for a system where you can renew all of your licenses in one fell swoop or you can renew at different times, depending on your circumstances. Maybe your cash flow doesn’t allow a big hit at the beginning of November for the renewal fees or your credit card limit is being exceeded by all of the fees. It’s not uncommon for companies to renew the license for the company first and to deal with the branch offices and loan originators later.

But with a looming expiration of December 31st on all licenses, you must take the necessary steps to renew whichever branch licenses you intend to keep. Some states have treat branch offices the same as the company in terms of licensing requirements (branch office manager industry experience, surety bond requirements) so you must ensure that all necessary documentation is submitted to the licensing agency as soon as possible.

And don’t forget that some states are not processing company and branch license renewals through the NMLS. You may need to check the website of any state that has not transitioned to the NMLS for their branch office renewal requirements.

Why Your License Renewal Fees May Be So Cheap

I just renewed the licenses for one of my mortgage broker clients and its 6 loan originators. I used the company’s credit card for payment of the renewal fees and sent the payment confirmations (I print out every payment confirmation for every client) to my client with an explanation of what each confirmation was for. I also sent my client a quick memo explaining that this year’s renewal fees were much cheaper than next year’s renewal fees would be.

Why are this year’s renewal fees cheaper? My client has multiple licenses and some of its state licenses were transitioned to the Nationwide Mortgage Licensing System (NMLS) in 2008, some in 2009, and some in 2010. The states which transitioned onto the NMLS in 2008 and 2009 charged full renewal fees for the company, its branches, and its loan originators. The state that transitioned to the NMLS in 2010 did not charge a renewal fee because it essentially charged the renewal fee when the transition to the NMLS took place. For that state, my client paid only an NMLS administrative fee which is $30. For a company with one branch and 6 loan originators, it meant that my mortgage broker client was not paying hundreds of dollars in renewal fees at this time.

Next year, at this time, all of the company’s state banking departments will charge full renewal fees. This means that that this client (and all licensees) must have a stash of cash to pay for its renewals at one time. There is no more spreading out your renewal fees. And all states now renew annually (my client had a state license that renewed every two years) plus all the loan originators need to take continuing education next year.

If you are a mortgage lender or broker or a loan originator, and you transitioned to the NMLS in 2010, you spread out some of your fees over the course of this year. It may seem fairly inexpensive to now renew your licenses under the new statute. But, next year, you will be paying the full amount due in November or December. And you will need to take continuing education. Make sure you have enough in reserves to pay these necessary expenses.

Are You Planning on Buying a Mortgage Company in Another State? What Do You Need to Know About Getting Its License?

There are some mortgage companies that are prospering and growing. They are expanding into new states by buying mortgage companies rather than obtaining their own licenses and establishing new branches.

These expanding mortgage companies must be aware that, by buying an existing license, they do not have an instant entry into a new state. Each state has its own requirements for a “change in ownership” or “change of control.” Each state even has its own definition of “change of control.” If you are contemplating buying an existing mortgage lender or broker, you should be aware that the company that you are buying cannot assign its existing license to you. You must check with each state in which the company that you are buying is licensed to learn what their requirements are and you must comply with each state’s different procedures. Some states require notification before the change and other states require notification immediately after the change.

The state agency has the power to deny the application for a change of ownership or change of control. Accordingly, the new owners or new company cannot go forward with their transaction until they have the approval of the state regulatory agency. In just about every state that I work with, the state imposes a moratorium on new originations until the regulatory agency has approved the new owners. Therefore, if you are planning to buy an existing mortgage company, you must factor in weeks or months (depending on the state) for the state to approve the change in ownership or change of control in your expansion plans. Any loans that are already in the pipeline of the company that is being acquired are allowed to be closed, so as to not inconvenience consumers.

The approval process usually includes submitting information about the new owners, including their background in the mortgage industry, financial stability, criminal background checks, and credit status. If the new owners could not qualify for a license on their own in any particular state, they will not be in a better position by buying an existing licensee.

The mortgage company who buys an existing company does not do so to get an instant license. It usually buys the company to get its existing assets (loan originators, customers, and lease). If you are planning on buying an existing company, you must prepare for the licensing process or all of your plans could be for nothing.

Are Loan Originators Allowed to Originate Loans When They Are Conditionally Licensed?

Your state is still transitioning to the Nationwide Mortgage Licensing System. Some of your loan originators have transitioned their licenses but they have not been approved yet by the state licensing agency. Are they allowed to originate loans? Can you pay them for the loans they originate?

Check your state’s licensing statute and find out whether the licensing agency has issued any bulletins or memos to its licensees outlining its interpretation of the licensing statute. In many cases, the state agency has taken the position that, so long as your loan originators have license applications pending with the state or have extended licenses or registrations, then they may receive compensation for originations. A different position may be taken by your licensing agency for new originators who are awaiting approval of their licensing applications during the transition period. You may find that your state takes the position that a new loan originator may not originate loans until the license application has been approved. Each state has a different licensing statute subject only to the requirements of the SAFE Act. Each licensing agency will interpret its own laws and regulations so you must check each state's laws and regulations for every state in which you and your loan originators are licensed or wish to be licensed. You may find that one state will allow originators to originate (and get paid) while the application is pending but another state may require the loan originator to wait to originate until the application is fully approved.

Do You Know Whether You Need A Certified Financial Statement?

A certified financial statement is one that has been reviewed by a certified public accountant (CPA) to ensure that the numbers reported in the statement are accurate and are not subject to material errors or omissions. Because the accountant is attaching a certification to the financial statement that he has reviewed the figures and found them to be accurate, he may incur liability if the figures in the financial statement turn out to be wrong. Because of the possible liability, many CPAs do not certify financial statements anymore. Those that do charge a large fee. For this reason, mortgage brokers and mortgage lenders are looking for reasons not to need a certified financial statement. There are two grounds for needing one: the state in which you are licensed requires them (for proving your net worth) or you want to originate FHA loans.

Although the SAFE Act changed many requirements for licensing, there are still a number of states (i.e., New Jersey for mortgage lenders, Illinois Residential Mortgage Licensees, California Residential Mortgage Lender Licensees) that require certified financial statements. You must provide such a statement as of the end of the most recent fiscal year. Some states do require a minimum net worth, other states do not. No matter in how many states you are licensed, you only need one certified financial statement. The statement must be in .pdf format and must be uploaded through the NMLS.

The ability to broker or originate FHA loans also comes with the requirement that you get a certified financial statement. If you are an FHA Loan Correspondent (also known as a “mini-eagle”), you should be aware that 2010 is the last year that FHA is approving your Loan Correspondent status. Starting in 2011, the investors to whom you will broker your loans will be responsible for the approval and oversight of you. Therefore, it is possible that each lender will have its own set of requirements. It is likely that many lenders will insist on certified financials so that they are more assured that you are not under-capitalized.

It is still required by the FHA that mortgage lenders who are originating FHA loans have a required minimum net worth that must be corroborated by the submission of a certified financial statement.

Since government loans are a large percentage of the loans that are being originated these days, it is likely that the need for (and expense of) a certified financial statement is not going away any time soon.

How Do You Renew Your Individual Loan Originator License Through the NMLS?

Starting today, all mortgage loan originator licensees (usually called loan officers) must renew the licenses that expire on December 31, 2010. For those of you who are licensed in states that transitioned onto the Nationwide Mortgage Licensing System (NMLS) in 2008 or 2009, this transaction is old hat. For those of you who are renewing for the first time, you may be wondering about what the procedure is like. I have been helping clients with their NMLS renewals since 2008 so I’ve been down this road before.

The renewal process for most states starts with your using the NMLS to indicate which licenses you are renewing. If you have licenses that you are not renewing, you must actively indicate through the NMLS that you are not renewing those licenses. You can change your mind even if you click on “Do Not Renew.” You should also review your record to make sure that all of the information is up-to-date. Did you change your residence, did your company move its offices? All of your record should be accurate. You then attest to your individual record and pay the renewal and NMLS fees. If you took your pre-licensing education in 2008 or 2009, you must have taken 8 hours of continuing education in 2010 in order to get approval for your renewal license application.

Once you have renewed your licenses through the NMLS, you need to review the jurisdictional checklist for each state in which you are licensed. Print out the Renewals Checklist for each state and complete the Checklist. Although many of the states do not require additional documentation, you need to check the uniform checklist at http://mortgage.nationwidelicensingsystem.org/slr/common/renewals/NMLSDocumentLibrary/UniformIndividualRenewalChecklist.pdf
Send in each Checklist together with all additional documentation that is required to each state regulatory agency.

The state may take a few weeks to process your renewal application and additional documentation. If you have not sent in the additional documentation and checklist, the reviewer will post the items still needed on the Task List associated with your MU4 record. You need to keep checking to see if the Task List is changed. You can also view your license status by clicking on the Composite tab and looking at the View license/Registration List or by calling your state regulatory agency and speak to the reviewer.

If you wait until the end of December to renew your licenses, it is likely that your renewal approval will not come through until some time in January. This creates problems for you when your investors will not let you close without a 2011 license. Don’t wait until the last minute to renew.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with your licensing renewals.

What Happens After You Renew Your Company License Through the NMLS?

Starting next week, all company mortgage licensees (mortgage bankers, mortgage lenders, and mortgage brokers) must renew the licenses that expire on December 31, 2010. For those of you who are licensed in states that transitioned onto the Nationwide Mortgage Licensing System (NMLS) in 2008 or 2009, this transaction is old hat. For those of you who are renewing for the first time, you may be wondering about what the procedure is like. I have been helping clients with their NMLS renewals since 2008 so I’ve been down this road before.

The renewal process for most states starts with your using the NMLS to indicate which licenses you are renewing. You attest to your company record and pay the renewal and NMLS fees. You should be aware that there are still several states that are not renewing company licenses through the NMLS (although they may be renewing loan originator licenses through the NMLS). These states are CA-DRE, Hawaii, Maine, Florida, Utah-DFI, Nevada, Minnesota, and Delaware. If you are licensed in one of those states that are not renewing through the NMLS, you should have received your renewal license application and instructions already. If you have not, you should call your state licensing agency and request the renewal materials. You want to start the renewal process as early as you can.

Once your company has renewed its licenses through the NMLS, you need to review the jurisdictional checklist for each state in which your company is licensed. Print out the Renewals Checklist for each state and complete the Checklist. Send in each Checklist together with all additional documentation that is required to each state regulatory agency.

The state may take a few weeks to process your renewal application and additional documentation. If you have not sent in the additional documentation and checklist, the reviewer will post the items still needed on the Task List associated with your company’s MU1 record. You need to keep checking to see if the Task List is changed. You can also view the company’s license status by clicking on the Composite tab and looking at the View license/Registration List.

If you wait until the end of December to renew your licenses, it is likely that your renewal approval will not come through until some time in January. This creates problems for mortgage brokers whose investors will not let them close without a 2011 license. Don’t wait until the last minute to renew.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with your licensing (company or MLO) renewals.

Will Your Credit Report Prevent You From Getting Your Loan Originator License?

Starting November 1, 2010, the Nationwide Mortgage Licensing System (NMLS) will open up the credit report authorization process. This means that every loan originator must go to their NMLS record and allow the agency that approves your loan originator license to pull your credit report. Remember that approval for your license up until now has been conditional, pending review of a satisfactory credit report.

A regulator in each state in which you are licensed will independently review your credit information. There is no automated standard or minimum score that will be enforced inside NMLS. The SAFE Act leaves it to the discretion of each state regulator to develop its own processes and standards for reviewing credit information and determining the financial responsibility of its licensees. This means that if you are licensed in multiple states, it is possible that one state may approve your license and another state may deny your license, based on the same credit report.

Have you looked at your credit report lately? Is all the information accurate? Do you have any outstanding judgments or collection items? The state regulators are trying to determine how financially responsible you are. I know that some loan originators had money troubles when the real estate bubble burst and income went sharply down. And I’ve had some inquiries as to what the regulators are looking for. Most states have not posted minimum FICO scores and probably will not. The SAFE Act does not require minimum FICO scores so there is some flexibility (unlike the issue of criminal convictions which are hard and fast limitations). If you have any items on your credit report that may require an explanation, start planning on how you will explain any credit issues to the regulators. They are looking for fiscal responsibility so make sure that you look as though you are responsible when handling money.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with your licensing (company or MLO).

Do You Publicize Why Mortgage Brokers are Better Than Banks?

Mortgage brokers took the brunt of the criticism for the subprime mess and the collapse of the housing market that followed. In the eyes of the average consumer, mortgage brokers seemed to be the ones pushing homebuyers into products that were unsuitable for them. Because the housing market collapsed, many mortgage brokers could no longer make a living and thousands left the industry. As one of the survivors, you need to educate the public on how you can better help them with their mortgage needs and how you can get them a better deal than they would get by going to a bank.

Although mortgage brokers held about 70% of the mortgage origination business at one time, that percentage has dropped significantly. Your customer base has shrunk for a variety of reasons. Fewer people are buying homes. Even when buyers fill out a 1003, it may be questionable whether they qualify for a loan. Or the property may not appraise high enough to get a loan commitment. With the lowest interest rates in years, refinancing is not as big a part of your business as it should be because so many homeowners are underwater or there is not enough equity in the property or their credit history is not clean enough. So you have to fight for every customer you can find. You need to give them a reason to come to you rather than the big banks that everyone has heard of. Can you make a list of those reasons that a customer should come to you rather than where they keep their checking account?

It is a smart exercise to make that list even if you never give out that list to your customers. It helps you focus on why your business is better than your competitors. Thinking through your competitive advantages will help you get new customers. Can you help borrowers with less than clean credit history? Do you have investors for borrowers who are self-employed? Are your fees better than a bank’s? Can you offer a better rate than the banks? Did you spend time answering their questions when a bank loan originator didn’t have the time or inclination? Did the bank loan officer know about different types of loan products? If a customer is shopping for a new loan, why specifically should they choose you? If you are stuck on the answers, survey your current customers and your past customers. Find out what they liked about working with you.

Once you have figured out why you are the better choice for a consumer, you need to educate the public. Most consumers don’t know enough about your world to even ask the right questions. You need to ask the questions that they should be asking and then answer them in a way that shows your advantages over the banks (and your mortgage broker competitors).

Whenever you are creating materials that may be categorized as advertising, don’t forget to include all required disclosures that your state law requires for advertising materials (and that kind of disclosure may be a competitive advantage itself).

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with licensing (company or MLO) or compliance issues. I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Why Mortgage Companies Should Hire an Outside NMLS Administrator

Right about the beginning of October, you should have received an email or two from the Nationwide Mortgage Licensing System (NMLS) reminding you that you will need to renew your license fairly soon (the starting date for renewals is November 1 of each year). In addition to your company licenses, all of your loan officers (including you) must renew all of their licenses. This can add up to a lot of time – time that you and your loan officers could better spend finding new business. If you hire an outside administrator, that person could be the one spending all the time it takes to get through the renewal process. It could save you a great deal of money that your business would lose if your loan officers are spending hours trying to remember how to use the NMLS.

In most companies, the owner inputs the NMLS information himself and requires each loan officer to also input the information himself. Since this procedure is done once a year, most loan officers and owners have forgotten even their log-in names and passwords. They don’t remember what steps they need to take to renew their licenses. The NMLS is not particularly user-friendly and it may take hours for each loan officer to get through the procedures. In addition, most loan officers have no idea what requirements they need to meet in order to get approval for their renewals. As usual, each state has its own checklist in terms of continuing education, additional documents, and fees.

An outside administrator will know what requirements are in effect for each state and should be communicating to each of their clients, in advance, what will be required for each company, branch and loan originator in order to get the renewals approved. That information, coupled with an outside administrator’s expertise in working with the NMLS system itself, will save you time and money. You don’t want to find that you don’t have your licenses renewed when January rolls around. You could lose your entire business if you can’t close loans in January.

If you do decide to hire an outside administrator, you should do some research to find someone who works well with you and knows what they are doing as far as working with the NMLS and licensing laws are concerned. Check their websites to see what kind of information they provide to the public. You should also interview each outside administrator that you are considering. You should be asking that person (or company) several questions:

1. Are you the NMLS administrator for other mortgage companies and loan officers;
2. How long have you worked with the NMLS as an outside administrator;
3. Do you only do the input onto the NMLS system or do you follow up until the state regulator makes a decision on the license application;
4. Do you provide licensing information to your clients during the year or only at renewal time;
5. What fees do you charge and when do your clients pay them.

You should be talking to each outside administrator (or the person at the company who would be doing your work) to get a sense of how comfortable you feel with them. Does each person you talk to actually answer your questions? Do they seem knowledgeable? Was it difficult to reach them, either by telephone or email? Check their websites to see what kind of information they provide to the public.

If the administrator does not seem knowledgeable or interested in working with you and your loan officers (maybe your company is too small, maybe it’s too big), move on to the next name on your list. Choose the administrator who gives you the answers that make you comfortable and whose personality meshes with your own. Selecting the right NMLS administrator will save you both time and money while decreasing your stress level.

Will Your Mortgage Loan Originator's Criminal Record Prevent Him From Getting Licensed?

The SAFE Act requires all mortgage loan originators (MLOs), also known as loan officers, to create a record that will become part of the Nationwide Mortgage Licensing System (NMLS) registry. Part of the record deals with disclosures about an MLO’s criminal background. To verify the information that the MLO is providing in his NMLS record, the SAFE Act requires criminal background checks for all loan officers.

The questions asked in the NMLS MU4 record concern criminal convictions for a felony, pleading no contest to a felony, pleading guilty or no contest to a misdemeanor involving a financial-services crime, fraud, theft, perjury, forgery, or having control over an organization that pleaded guilty or no contest to these dishonesty crimes.

Questions come to me from loan officers who have been pleaded guilty to drunk driving, to issues when they were stockbrokers, to juvenile crimes that have or have not been expunged from the record. These loan officers ask me what to do and whether these past issues are now a current problem.

I cannot counsel anyone who is not my client so I will not give specific answers in this blog. My general advice is, when in doubt, disclose and explain. Many times criminal convictions that should have been expunged will somehow show up in a criminal database. If you decide not to disclose and the conviction or no contest plea shows up, you look like you are trying to hide something. I always fall on the side of honesty and disclosure.

When you disclose your conviction or no contest plea, the licensing reviewer may have some discretion to still approve your license application, depending on the type of crime and when the conviction or no contest plea happened. The SAFE Act has explicit disqualifiers for license approvals. The SAFE Act prohibits the licensing of an MLO if the applicant has ever been convicted of a felony involving an act of fraud, dishonesty, breach of trust, or money laundering, or convicted of any felony in the seven year period before filing an application for a license. If you are outside of the seven year period, you should be fine.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with your licensing (company or MLO). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

How To Get Ready to Renew Your Licenses Through the NMLS

The Nationwide Mortgage Licensing System (NMLS) has just notified company administrators that license renewals are coming soon. Actually, license renewals start on November 1, 2010. Each state that is currently on the NMLS has its own set of requirements for what the company, each branch office and each loan originator must do in order to renew its licenses. Additionally, each state has individual time frames for when the license renewals must be completed. And each state charges a different amount for the license renewal fees. However, the NMLS is charging it own fees for license renewals – each company must pay $100 to the NMLS, each branch office must pay $20 and each loan originator must pay $30. These NMLS fees are in addition to the state’s renewal license fees.

If you are licensed in multiple states, your cash outlay at the end of the year can total thousands of dollars, so start hoarding cash now.

Many states are requiring continuing education for loan originators for the first time. The SAFE Act requires 8 hours of continuing education, but some states require state-specific hours on top of the 8 that the SAFE Act requires. All continuing education must be taken from NMLS-approved providers.

Some states are requiring licensees to submit certain documentation in addition to processing the renewal through the NMLS. In some states, that documentation must be submitted before the renewal is done, and in other states, the documentation must be submitted simultaneously with the NMLS renewal.

Get familiar with the requirements that you must follow by going to this URL:
http://mortgage.nationwidelicensingsystem.org/slr/common/renewals/Pages/default.aspx

and selecting each state in which you are licensed to see exactly what requirements you will need to follow in order to get successfully renewed. Remember, there is a huge rush to renew just before licenses expire on December 31st and state regulators will not be able to process that huge backlog that quickly. If your lenders want to see a renewed license on January 3, 2011, you can’t wait for the last minute.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with your licensing renewals. I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Is Your State License Renewing Through the NMLS?

I have recently received communications from a few states that require license renewals soon but either all or part of the renewal process must be done directly through the regulatory agency, and not through the Nationwide Mortgage Licensing System (NMLS). For some states, you need to submit some documentation before the renewal process starts or submit an entire license renewal application and all of its supporting documentation to the agency which granted your license approval. If you are in one of these states, you should have received these communications already. To ensure that you are not in one of the states that renews licenses outside of the NMLS process, call or email your state regulatory agency to confirm that there is nothing that you need to do before renewals through the NMLS start on November 1, 2010.

What Should You Do If You Want to Surrender a License?

A number of mortgage brokers and lenders obtained licenses in multiple states for varying reasons. Lately, a number of clients have decided that those reasons are no longer valid (usually it has to do with not getting enough income from that state) and I get asked what they need to do to surrender the license.

Each state has its own procedures for surrendering a license and you must comply with that state’s procedure. To find out what that procedure is, check with the regulatory agency that issued your license. It may be on their website or it may involve a telephone call. If the state has already transitioned to the Nationwide Mortgage Licensing System (NMLS), the requirements will be there.

If the state is already on the NMLS, you must surrender through the NMLS. There may be additional requirements that appear on a checklist once the surrender request has been submitted through the NMLS. You may need to send in the original wall license. You may need to give prior written notice of your intention to surrender. You may need to file your final annual report within a set number of days after surrender.

Lastly, you must clear out your pipeline. Some states require you to immediately cease all activity once you surrender your license and other states may give you 30 days or so to close all loans in your pipeline. When you surrender your license, you must stop originating new loans.

Lastly, don’t forget that when you entered a new state, you had to file with the Secretary of State (or whichever agency regulates new and foreign corporations and LLCs). When you surrender your license, you need to also withdraw your authority to conduct business in that state. If you forget to do this last step, you could be liable for hundreds of dollars of annual registration fees.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with the NMLS or with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

What To Do If Your Florida License Expires on August 31, 2010 and You're Not Sure Whether You Want to Renew It?

I’m located in Ridgewood, New Jersey and a lot of my clients are licensed in Florida, mostly as correspondent lenders. It’s a natural fit as many New Yorkers and New Jerseyans moved to Florida either for retirement or to live a lifestyle in the sun. Florida licenses have historically expired on August 31st. This year starts a big change in Florida licensing, including the transition to the Nationwide Mortgage Licensing System (NMLS). Some of my clients indicated that they may not transition their license to the NMLS and wondered what to do if their license (or branch license) expired August 31, 2010 and they had loans in the pipeline.

If you have a Florida license that expires on August 31, 2010, you should be aware that it has automatically been extended through December 31, 2010. During this period, all licensees will transition their licenses to the NMLS and the Department of Financial Regulation will not know until December 31, 2010 whether you have complied with all of the requirements to transition your license and renew your license (whether you have done your testing, criminal background check, etc). This automatic extension gives you time to decide whether you still have a reason to be licensed in Florida.

If you do not believe that it makes sense for you to maintain your Florida license, then close all of your loans that are in the pipeline now and stop originating new ones. If you decide before December that you would like to keep your Florida license, start familiarizing yourself with Florida’s licensing requirements and the NMLS. The transition period for Florida starts October 1, 2010 and do your transition as early as possible to ensure that your license will extend into 2011.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you need help with the NMLS or with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

If You Make These Advertising Mistakes, It Could Cost You Plenty

Advertising plays a prominent role in many mortgage companies’ efforts to find new borrowers. As your customers get bombarded by more and more advertising messages, the urge to create an advertising piece that will stand out from the crowd becomes more urgent. This sense of desperation leads many mortgage lenders and brokers to create promotion pieces that cross the lines of permissible advertising. Make sure you don’t make these mistakes that can lead to costly penalties.

1. Don’t lead consumers to believe the government or their existing lender is sending them mail. Many mortgage brokers use direct mail to solicit new business. Companies have distributed solicitations that use names of mortgage lenders in such a way that consumers believe it was sent to them by their lender, leading consumers to also believe, based on these solicitations, that their private financial information has been shared with another entity. These actions are a violation of the regulations of HUD and of the various states that regulate mortgage brokers and lenders. In addition, they can lead to consumer complaints to the regulatory agencies. The number of complaints the agency receives about you impacts how often you will be examined.

2. Do not omit the APR when advertising an interest rate. No matter what state you are conducting mortgage activity, all lenders and brokers are subject to the application of federal Truth-in-Lending laws, specifically Regulation Z. The statute requires, among other things, that if a lender or broker advertises a particular interest rate, they must also quote the Annual Percentage Rate, or APR. The APR is correctly defined as the "cost of money borrowed, expressed as an annual rate." The APR takes into account the note rate, which is the rate a borrower’s monthly payment is based on and any and all lender fees and finance charges. Yes, most borrowers don’t understand APR but you are still required to use it in your advertising and be able to explain it to a potential customer.

3. Do not use terms that indicate unlimited access to credit. Advertisements that contain terms such as "bad credit no problem" (or similar phrases) or language that implies that an applicant will have total access to credit without clearly and conspicuously disclosing the material limitations on the availability of credit are prohibited under many state laws. In most states, lenders and brokers need to list any limitations to getting the advertised mortgage, including income requirements, limitations for consumers with bad credit (such as a higher rate), and that restrictions as to the maximum principal amount of the loan offered may apply.

4. All states require NMLS unique identification numbers in advertising. This one is easy to comply with. You have to add your company and mortgage loan originator NMLS unique identification number to all of your advertising materials, including websites and business cards. In addition, some states require company addresses and specific language that must be used on all advertising materials. You must check with each state in which you are licensed to find out the specific requirements and you must fully comply with all such requirements.

5. Be aware of the catch-all “fraudulent, deceptive or misleading” prohibitions. Both the Federal Trade Commission and different state regulatory agencies have statutes that prohibit an “unfair or deceptive act or practice for a mortgage broker or lender to make any representation or statement of fact in an advertisement if the representation or statement is false or misleading or has the tendency or capacity to be misleading” or variations of this phraseology. Lately, the regulators are cracking down on advertisements regarding low interest rate loans that fail to mention that there may be negative amortization. If you think, but are not sure that your advertising contains inaccurate or misleading language, change the advertisement.

If you violate an advertising statute or regulation, at best, you will be asked to “cease and desist” the prohibited advertising and be subjected to increased scrutiny of all of your business activities. At worst, you could lose your licenses and pay heavy fines. This could also impact your premiums with your surety bond underwriter.

Continuing Education For Mortgage Loan Originators

Most mortgage loan originators (MLOs) are now aware that they have a requirement to take 20 hours of pre-licensing education in order to get their license. Many of you are unaware that the SAFE Act requires that you also take 8 hours of continuing education each year. The continuing education must be comprised of 3 hours of federal laws and regulations, 2 hours of ethics, 2 hours of training related to lending standards for the nontraditional mortgage product market, and 1 hour of undefined instruction on mortgage origination. Each state has the obligation to refine these requirements.

If you are licensed in a state that required you to take the 20 hours of pre-licensing education in 2009, then in order to renew your license in November, 2010, you will need to complete your continuing education hours by December 31, 2010. If you are licensed in more than one state, you should check with each state’s regulatory agency to make sure that you complete that state’s continuing education requirements. If you took your 20 hours of pre-licensing education in 2010, you do not need to take continuing education until 2011.

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you want to explore expanding into new states or need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Extensions to the July 31st Deadline – Are You in One of These States?

July 31st was supposed to have been the deadline for completing the licensing requirements in certain states. Some states have decided to extend these deadlines to allow their reviewers additional time to review all of the transition applications. If you are a licensee in New Jersey, Maryland, or South Carolina, you have been granted the right to originate loans until September 30, 2010 (Maryland), October 1, 2010 (New Jersey), or October 31, 2010 (South Carolina Board of Financial Institutions) even if your application is still pending. You should make sure that you have completed all of your licensing requirements as soon as possible to ensure that you are unable to close your loans when this extended deadline passes. The reviewers are finding that many applications are incomplete and rather than denying these companies and loan originators the right to originate, they have given you more time. You should be checking your task lists on the NMLS to see what requirements you still need to comply with. When your application has been approved, the designation on your MU-4 record is usually “approved – conditional.” This is because the required credit check has not been reviewed yet (and won’t be until starting October 1, 2010).

If you missed the July 31, 2010 deadline, you are not covered by an extension. You need to submit a new application (not a transition application) and you cannot originate loans until your application has been approved.
Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you want to explore expanding into new states or need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

How Do You Differentiate Yourself When Customers Are Shopping on Price?

I am hearing from the mortgage brokers that I talk to that customers seem to be interested only in how low your interest rates are. If you don’t offer the lowest interest rates, what are you saying to those price shoppers to get them to consider you instead?

Have you created a script and a marketing piece that tells your potential customer how you are different but better than the broker/lender that offers the lowest interest rate? Is it phrased in terms of benefits to the borrower? Do these “tire kickers” ask you about quality? Have you told them about your qualifications (thanks to the new licensing laws you have plenty to tell them on this subject) and the fact that you are more knowledgeable and trustworthy than the loan officers hired by the banks helps your customer?

Sometimes you can compete on price. But when you can’t, you need to able to answer the question (even when they are not asking that question yet but seem to be on the fence) “Why should I go with you and not the other guy?”

Contact Robin Gronsky at Robin@Mortgagelicensesolutions.com if you want to explore expanding into new states or need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Passing the Licensing Exams

Every loan officer must pass the national component of the NMLS exam if they want to originate mortgages. They must also pass at least one state component (or more than one, if they are licensed in more than one state). Yet, not every loan officer is passing the required exams. At least 25% of loan officers are not passing the national exam on their first try. Are you one of the 25%?

If you are, or if you haven’t taken the test yet, here is a piece of advice. Study for the exam. Don’t just wing it. The feedback that I am getting from my clients is that some of the questions on the exam are about information that you may rarely use as you originate loans. Ideally, the pre-licensing education that you took covered everything that you will be tested on. The reality is that the instructors who are teaching the pre-licensing education may be good or they may be bad and you may be not be taught everything that you need to know. Or you may be taking online education and just breezing through it to get the required hours in. You may think that you already know all of this because you’ve been doing it for 3 or 5 years. Or you are using the certification process to avoid taking the pre-licensing education.

Most of the material tested should be information that you do know off the top of your head and you should get really close to the passing grade without doing much homework. But, if you get too many of those random obscure questions wrong, you will fail the test.

Many employers are taking a hard line about getting your licensing requirements completed. After all, what good are you to them if you cannot originate loans? What good are you to your family if you cannot earn your livelihood? Take the licensing requirements seriously. Do the work that will get you past the hurdle of passing the state and national exams. Study the information that you didn’t know before. Review any books or notes that you took during your pre-licensing education. If you didn’t take pre-licensing education, find a cram course that is specifically geared towards passing these exams. Your job may depend on it.

Contact Robin Gronsky at Rgronsky@Gronskylaw.com if you want to explore expanding into new states or need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Don’t Miss Your Deadline of July 31st

A large number of states have imposed a July 31, 2010 deadline for loan officers to complete their licensing requirements. In some states, all loan officers are subject to the same deadlines. In other states, loan officers who transitioned to the Nationwide Mortgage Licensing System at different times were deemed “licensed” on a certain date and their deadlines may be different from other loan officers (who even work in the same office) who were deemed “licensed” on a different date. You need to know which category of licensee you fall into and what your deadlines are. If you miss your deadline, you may not be able to originate loans once the deadline for licensing passes.

You should check the chart at http://mortgage.nationwidelicensingsystem.org/profreq/Documents/SAFE%20Compliant%20Requirements.pdf for the deadlines of each state in which you are or wish to be licensed to ensure that you meet your deadlines. The chart gets updated every few weeks so you may want to bookmark it and re-check periodically. Do not wait for the last week of July to try to complete your requirements. If the regulatory agency in your state is inundated with last-minute test results, criminal background checks, or other required documentation, they may not be able to process everything in a timely manner. And you will be left waiting.

Contact Robin Gronsky at Rgronsky@Gronskylaw.com if you want to explore expanding into new states or need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Credit Reports – the Next Requirement for Licensing

Most mortgage professionals are familiar with the new licensing requirements – the pre-licensing education, the exams that you need to pass, and the FBI criminal background checks. Coming soon, (around October, 2010), the Nationwide Mortgage Licensing System (NMLS) will open up to begin accepting the last requirement – the credit report. Under all states laws concerning the licensing of loan originators, you must authorize your state licensing agency to obtain a copy of your credit report. Your state regulator must determine that you have shown financial responsibility before they will approve your licensing application.

Many of you are wondering whether your credit report will be the stumbling block that prevents you from getting licensed under the new laws. After all, 2008 and 2009were terrible years for the industry and many of you took big hits in income those years. Many of you ran into credit card debt and had trouble paying your bills. Will this be an issue now?

A few states have already issued guidelines. If your state has not, you should pay attention to the guidelines already announced – it is likely that your state’s requirements will be similar. The following items will probably trigger a close review of your license application: bankruptcies (timeframes of how long ago your bankruptcy will matter will differ by state), tax liens, current outstanding judgments (some states will not hold judgments for medical expenses against you), a history of collection accounts, foreclosures, outstanding child support, or no credit history. Some states may have minimum credit scores, others may not.

Most licensing regulators are not stating that any of the above criteria are automatic disqualifiers, they are saying that they will review your entire credit history and any explanations you can provide as to why you had credit issues before they make their decision.

What can you do to help your application? Obviously, you cannot change what has already happened. But, if you have current credit problems, get them resolved now. Pay your judgments, get any tax liens released, and write down your explanations of any derogatory credit issues. However, if any of your credit problems stem from issues of dishonesty, fraud, misappropriation of trust funds, or misrepresentation, you may not be able to get approval for a license.

Contact Robin Gronsky at Rgronsky@Gronskylaw.com if you want to explore expanding into new states or you need help with your licensing applications (company or loan originator). I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

Florida to Temporarily Stop Taking Mortgage License Applications on July 8, 2010

On October 1, 2010, Florida joins the rest of the nation in transitioning to the Nationwide Mortgage Licensing System (NMLS). To prepare for the transition, the Office of Financial Regulation will stop accepting new applications for mortgage lenders, mortgage brokers, correspondent mortgage lenders, and mortgage broker businesses on July 8, 2010.

If you want to originate in Florida, you must submit your application now. If you don't submit your application by July 8, 2010, you will have to wait until Florida opens up to the NMLS on October 1, 2010. All existing licensees will be transitioning their current licenses and essentially reapplying because they will be subject to the new rules under the SAFE Act. And your new application (which will be required to be submitted through the NMLS) will get caught up in the crush of existing licensees who are transitioning. The current wait time of approximately 122 days will balloon after October 1, 2010.

Where the Rich People Are Moving and Why You Should Care

A recent article in Forbes magazine analyzed IRS data to find where the rich people are moving. The analysis is by county and the number one county was Collier County, Florida, where Naples is situated. The second place county was Greene County, Georgia, between Atlanta and Augusta.

What can you do with data like this? If you are deciding where to relocate to start up your mortgage origination business, you want to pick a place where there are plenty of people who can afford to buy houses. You also want buyers who have more expensive houses, because those houses have larger mortgages. The same thought process should be used if you are not relocating but looking to expand your business. Which states are the most lucrative? Which states have the cheapest level of entry? If the state you are considering does not require a brick-and-mortar presence, that will save you a ton of money in start-up costs. Can you meet the other licensing requirements – number of years in the industry, surety bonds, passing another exam?

If you are not moving to your new states, how will you get new business? Networking, of course. Do you know anyone in those states who can introduce you to real estate agents, builders, accountants, and other referral sources? Can you use LinkedIn or Plaxo to find referral sources? How much would traditional advertising cost you? Can you form a strategic alliance with other mortgage professionals and community banks in the new states in which you want to do business?

If you have never thought about originating mortgages outside of your home state, this may be a good time to start investigating your options. The mortgage world is changing and you must change with it or it will leave you behind.

Contact Robin Gronsky at Rgronsky@Gronskylaw.com if you want to explore expanding into new states. I’ll keep what you tell me confidential but I cannot give you any specific legal advice until you become a client of the firm. This is done by written agreement only.

The SAFE Act Requirements Are Only the Minimum

In 2008, Congress passed the SAFE Act, which had the objectives of creating a uniform set of license application and reporting requirements for loan originators, enhancing consumer protections, creating a nationwide database, and providing tracking ability of loan originators. The SAFE Act set out minimum requirements of which most mortgage industry members are familiar:
20 hours of pre-licensing education, 8 hours of continuing education after the first year of licensing, pass a national and a state test, FBI background criminal check, and (starting in October, 2010) provide credit reports.

These are the minimum requirements but the SAFE Act gave each state the right to set additional requirements. And some states have. Many states have additional forms that must be signed by the loan originator as part of the application process. Other states require state background checks so you are getting your fingerprints taken twice (sometimes at 2 different places) so that one set of fingerprint cards can be sent to your state’s criminal database and the other set can be sent to the FBI database. Some states accept the 20 hours of pre-licensing education as full compliance with their licensing requirements and other states require the 20 hours plus some extra hours of state-specific education (for example, North Carolina and New Jersey require 4 extra hours). Some states are requiring 8 hours of continuing education but other states require additional hours (for example, Kentucky requires 12 hours).

Especially if you are licensed in multiple states, you must be aware of the licensing requirements of each state in which you wish to be licensed. Some states require more than you thought they would.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

New States Start Loan Originator Testing

One of the requirements for getting licensed as a loan originator is passing both a national test and a state test. The national test has been available for over a year. Most of the states have had their tests go live since they first joined the Nationwide Mortgage Licensing System (NMLS). The newest states to open up their state tests are: Alabama, Delaware, Missouri, Montana, Oregon, South Carolina and West Virginia. You can register through the NMLS for these tests now and start taking the test on June 14, 2010.

You should also remember that some states are certifying prior test results if part of their licensing requirements included passing a state test. Before you sign up for a state test, find out whether you can certify that you passed that state’s test so you do not have to take a test again.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Why You Should Tell Your Potential Customers About Your Licensing Requirements

Many of the mortgage brokers and lenders that I have been talking to in the past few months have been complaining about the need to get licensed. Most of the griping stems from the costs involved. A few mortgage brokers have pointed why licensing is better for the industry. You should be telling your potential and past customers why the licensing of loan originators is beneficial to them and how it differentiates the mortgage loan originators from bank loan officers.

You should be pointing out in all of your marketing materials that licensing means that your loan originators are more educated about federal and state laws because of the pre-licensing requirements. You should also emphasize how the testing requirement weeds out those loan originators who don’t take the courses very seriously. And don’t forget to tell everyone how your loan originators needed to go through criminal background checks to ensure that you and the state regulators evaluate whether any criminal convictions could impact their ability to act as honest loan originators.

You should call attention to the fact that borrowers have no idea who their bank loan officer is, yet they can find out pertinent information about your loan originators on the NMLS Consumer Access database. All of your marketing channels should be stressing these reasons why they should be using you, a licensed mortgage loan originator, rather than the unknown quantity that is a bank loan officer. Start shouting it from the rooftops right now.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

No More FHA Approval for Mortgage Brokers?

FHA mortgages have been an increasing share of all loan originations for the past few years. For mortgage brokers, this has pushed them to become an FHA-approved Loan Correspondent. However, the FHA approval process has been onerous, especially the requirement that the mortgage broker pay for an audited financial statement that confirms that the broker has a net worth of at least $63,000. Accountant fees for an audited fiancial statement have run into thousands of dollars.

FHA has announced that it will not be approving mortgage brokers to act as Loan Correspondents after May 20, 2010. If your company already has an application pending with FHA, you can still get FHA approval for 2010. But what if you didn’t apply yet?

The new FHA rule provides that all non-FHA-approved Loan Correspondents (mortgage brokers) may participate in FHA programs provided they are sponsored by FHA-approved lenders. This puts the onus on FHA-approved lenders to create the requirements they will have before they accept loan applications for FHA loans from mortgage brokers. Have FHA-approved lenders created their requirements? If anyone has heard specifics about various lenders and their requirements, let me know.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

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).

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Certification Process for Loan Officers

Many states had testing or education requirements, even before the SAFE Act required them. These states are allowing loan officers to “certify” completion of these requirements rather than making them take a test again or sit through more hours of education.

The certification process just opened up on the Nationwide Mortgage Licensing System (NMLS) on May 1, 2010 and many states that are participating only allow a loan officer to certify through June 30, 2010 (but your state may be starting or ending on a later date). Currently, thirty-five (35) states are allowing certification of testing and/or education. Certification of testing pertains to the state component only; all loan officers need to pass the national component exam. You need to check this list to see if your state is permitting certification:

http://mortgage.nationwidelicensingsystem.org/profreq/Documents/Certification%20State%20List.pdf

Your state regulatory agency will decide if you are eligible to participate in the certification process. In order to use your eligibility to certify, you must have an MU4 record on the NMLS and either transitioned an existing license or applied for a new license. The NMLS will send you an email (using the email address that you have on your MU4 record), letting you know that your state has permitted you to certify and that a certification payment invoice has been posted to your MU4 record. The email will give you step-by-step instructions for paying the invoice. If you are eligible for certification for testing, the fee is $5 per test. If you are eligible for certification for education, the fee is $15. If you don’t pay the fees, you are not “certified” and must actually pass the state test and/or sit through the education hours.

There is a lot of confusion about the loan originator requirements, especially for those loan originators who are licensed in multiple states. Your state regulatory agencies have the answers. If you are my client, I will get you the answers to your questions.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Complete Your NMLS New or Transition Application

The Virginia Bureau of Financial Institutions recently put out a news release reminding its loan originators that they must complete their transition to the Nationwide Mortgage Licensing System (NMLS) before July 1, 2010. Evidently, many loan originators are taking the first steps to get their record onto the NMLS but they don’t complete the process. When you don’t complete the process, you cannot get an approval to work as a loan originator. This fact is true for loan originators in every state that is conducting licensing through the NMLS.

What does completing the process mean? As a company or a loan originator, you need to start by creating an MU1 (for the company) or an MU4 (for the loan originator) form. Many people think that once they have completed that step they are finished. Not even close. After paying your transition or new license fees, all mortgage lenders, brokers, and loan originators need to check to see whether they need to submit the jurisdictional checklist to the licensing agency. Who needs to submit the checklist? If you answered “yes” to any disclosure question, if your state requires additional forms or a surety bond, if your state requires a state background check, you may need to submit the checklist. The checklist may require you to submit additional documentation that you can access only through the checklist.

Many loan originators are neglecting to check back to the work list that is posted in your record on the NMLS to see if the licensing agency has posted deficiencies that must be corrected before your license is fully transitioned or approved. The deficiencies are usually items that you would have submitted if you had sent in the checklist, but can also include deficiencies because you did not take the national or state exam yet (and the deadline may be coming soon), you have not submitted your FBI criminal background check or a state background check or maybe a required surety bond.

Don’t forget to add in extra time that your state licensing agency will need to investigate your background. Just because you already are licensed does not mean that the state will not review your MU1 or MU4 record, now that the licensing standards have changed.

Remember that your licensing agency can assess fines and penalties if your license is not fully approved by the deadline. Don’t wait for the last minute. What will you do if you need to re-take one of the required tests and you have less than 30 days until the transition deadline?

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Managing Multiple Licenses

The transition to the Nationwide Mortgage Licensing System (NMLS) has many mortgage banker and broker companies who hold licenses in more than one state frustrated over the need to keep track of many new license requirements with different deadlines. Many owners had grown used to the different licensing requirements that the different banking departments used to require but now the rules have all changed.

The SAFE Act was the catalyst to get the state legislators to look at their licensing statutes and tweaking their existing requirements on top of adding the requirements necessitated by the SAFE Act. Some of the states did change their requirements, adding new categories of licensees, eliminating categories of licensees, or changing the qualifications. Even if you had completed some of the requirements, you had to again get your fingerprints taken, provide credit reports, and obtain larger surety bonds. In addition, you now had to license all of your loan officers (not previously required in every state). Each state set its own deadline for when all licensing conditions needed to be completed.

How do you ensure that not only you, but all of your loan officers are in compliance with all licensing requirements? If you run a small company or branch office, you may be the one person who wears all the hats other than originating loans. Therefore, you may be the one who must keep track of all of the requirements, all of the loan officers, and all of the deadlines. Or perhaps you have an administrative assistant who can juggle this task along with her other job responsibilities. It is probably better if one person coordinates for your entire office. You don’t want each loan officer to wing it on his own. You should have that one person in charge of this task create a spreadsheet of loan originators, states in which they must be licensed, requirements of licensing, dates by which each requirement must be completed and dates by which each requirement is completed. The spreadsheet should be reviewed maybe once a week to ensure that action is being taken on a timely basis. None of the loan officers should be allowed to wait until the last minute to complete their requirements as this can leave you with half of your staff taking the 20 hours of pre-licensing education when you need them to help clear stipulations. This once a week review must be mandatory, otherwise you will find that you are getting to it whenever you can get around to it. And that, of course, means that it will be left to the last minute.

If you do not have time to do it yourself and there is no one in your office who can do it, outsource this job. Let an outside company do the tracking of the requirements and the deadlines. You won’t have to spend the time on this detail-oriented task so you can concentrate on the activities that make you money.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Should Your Mortgage Broker Company Stick It Out or Find A Different Opportunity?

I read an article in a Buffalo newspaper that quoted a spokesman from the New York Banking Department who revealed that 315 mortgage brokers gave up their licenses last year. The number of licensed mortgage broker companies and loan originators is down in every state. There are a number of reasons for this situation. I’m sure you’ve experienced many of them.

The requirements of the SAFE Act have caused many loan originators who cannot meet its qualifications. There were loan originators who had criminal pasts, bankruptcies, bad credit, or no knowledge of federal and state laws who were working as loan originators. Many of these people have left or will be leaving the business as all of the loan originator licensing requirements become effective (no later than December 31, 2010). There are many loan originators who don’t deserve to be in the mortgage business, with their backgrounds, but I have spoken to many, who may not be able to stay in the business because of stupid decisions made when they were young or bad luck with their finances.

Others in the industry have spoken to me about their frustration with the requirements that the lenders are placing on them. Many lenders only wish to take applications from the highest volume brokers. But, volume is down all over the country. Most consumers are too nervous about their job situation to go out and buy a new house. Other consumers want to buy but cannot sell their existing home. Many brokers cannot bring the kinds of volume that the lenders insist on.

The new regulations are also causing mortgage companies to close up shop. Licenses cost more, surety bond requirements have gone up so the premiums cost more and the annual assessments have gone up as the need for banking department income is spread among a smaller number of licensees.

So, do you close up your business and work for a lender? Become a net branch? Leave the business? If you became a mortgage broker to make a lot of money, then the opportunities of being a net branch or working for a branch may make sense to you. After all, loan officers working for banks don’t need to be licensed as mortgage brokers or loan originators. You make the money without the headaches. Or you affiliate with another mortgage broker or lender and you are one of their branches. They worry about surety bonds and license fees. You just bring them loan applications and they pay you for them. There are many ways to stay in the business without necessarily maintaining your own mortgage broker business. There are companies out there that are looking for good brokers. You may want to explore every possibility out there and make a change to your employment situation.

But, if you feel that you provide a valuable service to consumers and you want to retain your independence, you need to hang on and educate your past and future customers about why an independent mortgage broker is better for them than their going to a bank. Mortgage brokers have not done the job they need to do to convince consumers that they are worth the fee that they are charging. The comments that were posted after that article that I read largely charged mortgage brokers with allowing fraud (if they didn’t cause it themselves) and with putting borrowers into loans that made the most money for the broker, not the loans that made sense for the borrowers. Are you doing anything to counteract these types of opinions? Can you give a borrower any reason why they should use a mortgage broker rather than going to a lender or a bank?

Some of you will hang in there because this is what you have been doing for the last 10-15 years. You feel that you are helping people, you like being your own boss and you believe that the shakeout in the industry will leave the strongest surviving and that will include you. If that is your reason for staying in business, go out and make your customers want your services. Show them how you help them when they are dealing with one of the biggest financial transactions of their lives.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Why You Need a Team of Trusted Advisors to Grow Your Business

Most entrepreneurs start their new businesses with the dream of building a successful business. Many of you who started your new business opened up your business when times were good and mortgage applications were rolling in the door. You weren’t prepared with a business plan, or market research, or entrepreneurial skills. Yet, because there was so much real estate activity going on, your business was thriving. Then everything changed and the phones got very quiet. Most of the mortgage bankers and brokers who couldn’t survive closed their doors. Loan officers left in droves. If you are one of the companies still left standing, you have much less competition than you did five years ago. But, the phones are still not ringing off the hook and you need to be smart to stay alive. If you create a team of advisors, you should be able to find professionals and businesspeople who can help you build a prosperous business.

Who should be on your team? You should have a business lawyer, an accountant who can advise you on taxes and on how to grow your profits, an insurance broker, and a person who has already created a successful business.

Why do you need these advisors and how do you find them? A business lawyer has the knowledge to advise you about how to avoid lawsuits (which are always more expensive than the costs of acting proactively). You want to consult with a business lawyer to help you negotiate with the landlord to get you the best lease terms. A business lawyer will draft your contracts for you to work with vendors, and with independent contractors (so you don’t get into trouble with the IRS or the labor department). You may have a logo to trademark. You may want a non-disclosure agreement so that your loan officers do not take your client lists or creative marketing ideas when they jump ship or you terminate their employment. Your business lawyer will help you with all of these problems or can refer you to another lawyer who has more expertise with these types of law.

Your accountant will help you set up a chart of accounts, prepare your business tax returns and advise you (together with your lawyer) on issues where taxes are involved. Your accountant should also be able to advise you on how to maximize business deductions so that you pay the least amount of taxes that are required.

An accountant or profitability consultant will advise you on how to grow your revenues, help you to focus on your core business and then add new products or services, advise you on setting your pricing strategy, and help you with cash flow problems.

Many businesses carry a wide variety of insurance – or should. These range from liability insurance to business interruption insurance to errors and omissions insurance to surety bonds to auto insurance to commercial property insurance. Do you have an independent insurance broker who will shop your business to several insurance companies? Who will find you the best coverages for the right prices? Who will advise you about risk management so you can keep your premiums as low as possible? That’s why you need an insurance broker on your trusted advisor team.

You should also try to find a business mentor, someone who has created a business that is successful. This person should be available, who will listen to you, who has the knowledge and skills that you want to acquire, and should be willing to give you constructive criticism and feedback. If you can find a mentor who has a successful mortgage company, that’s even better. But all businesses can borrow ideas from each other because certain issues exist in all types of businesses.

Your team of trusted advisors lets you look at your business through fresh eyes. It gives you a group of professionals who have been what you’re going through and have shepherded clients through your challenges. They have expertise that you do not have and should have contacts in other businesses that will help your business (such as technology, marketing, or pricing strategies). They will ask you questions that you haven’t even thought of yet. But, you must be willing to take the advice of your trusted advisors because they will help you build the business of your dreams.

How do you find these trusted advisors? Start with one advisor who you trust and ask them for referrals to the other types of advisors that you want to have. Interview them about their experience and ask yourself whether you would be willing to work with these individuals over an extended period of time. You must be comfortable with your team because they will know you and your business intimately. Only by being open and honest with your advisors can they really help you.

A good team will get you to your goals faster than if you do it on your own. Go find the help and support to get to your business goals faster.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Keeping Up With the Your State’s Transition to the NMLS

Most of the states have fully transitioned their licensing to the Nationwide Mortgage Licensing System (NMLS). But other states have transitioned only parts of their licensing – either they use the NMLS for the mortgage loan originator (MLO) licensing and company licenses are still done through the state banking department (or whatever the state calls the agency who is responsible for mortgage industry licensing) or the company and branch licenses are done through the NMLS and the MLO licensing will transition at a later date.

You must keep up with the NMLS transition requirements for each state in which you are licensed. If you don’t and you miss the transition deadline, you are treated as a new applicant and you will undergo a full application process and pay the higher fees that a new application requires. The NMLS website (http://mortgage.nationwidelicensingsystem.org/Pages/default.aspx) has a “State Licensing News” section which updates all state transitioning information. You can also check with the websites of each state agency that licenses mortgage bankers, mortgages brokers and loan originators. If the state which licenses you has a mailing list, sign up for it. You will get newsletters or emails that keep you up-to-date with the latest information from that state, with little effort on your part (as long as you read the newsletters and emails).

On March 31, 2010, Oregon (company and branch licenses), Illinois (company and branch licenses), and Wisconsin (all licenses) finish their transitions for the licenses listed. If you are licensed in any one of these 3 states, get your transition for these licenses completed by the end of this month. Again, you need to keep aware of when the other licenses start their transitions in Oregon and Illinois and how to deal with new applications.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

How Do You Find Out If Someone Has a Mortgage Broker License?

I was surfing the web and I came across a website where this question was raised: how do you find out if someone has a mortgage broker license. I was curious to see what the answer would be. I should mention that the question was asked last week.

I hope none of the persons who replied is a mortgage broker because I was stunned to read the answers. One was that very few states license mortgage brokers. Another response was that some states have a database (that is correct but other states who used to have a database have stopped updating them). A third response was checking with the county courthouse. Not one of the responses mentioned the Nationwide Mortgage License System (NMLS).

Every state has passed a form of the SAFE Act which requires that all individual loan officers (called mortgage loan originators in the SAFE Act) must be licensed. If you want to be a mortgage loan originator and you do not want to go through the licensing process, your career path will now include working for a federally-insured depository bank or credit union.

For the past several years, all of the states have implemented some form of mortgage banker and mortgage broker licensing, even if they did not require that individual loan officers be licensed. After the SAFE Act was passed, each state overhauled its licensing laws to comply with the SAFE Act and many states added licensing requirements in addition to what the SAFE Act requires.

Currently, all of the states except Nevada, Maine, Florida and Minnesota have transitioned to the NMLS. All states have a regulatory agency that licenses mortgage bankers, mortgages brokers and loan originators. They are called different names in different states – department of banking, department of financial institutions, commissioner of banks, office of financial regulation. Each agency has a website which describes the licensing requirements and contact information. If you want to know if a particular mortgage banker, broker or loan originator is licensed and the state is not on the NMLS, call the state agency in charge of licensing the mortgage industry and they will tell you if that company or person is licensed.

Additionally, some states used to issue paper licenses which needed to be posted in the mortgage company’s offices. A number of these states have stopped issuing paper licenses and simply refer all questions to the NMLS database. If a mortgage banker wants to see your license, and your state doesn’t print paper licenses anymore, you can print out your record from the NMLS.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

What Does It Cost To Get a Mortgage Broker/Banker License?

If you are thinking of starting your own mortgage broker or banker company or expanding your existing business into a new state, you need to put together your budget. One of your start-up or expansion costs is the cost of licensing. How do you calculate that? The costs vary by state but there are similar requirements in most states.

The calculation starts with whether you are creating a new corporation or limited liability corporation (LLC). There are fees to incorporate or register your LLC in your home state. If you are expanding into a new state, you must file a document that authorizes your to conduct business outside of your home state (usually called a Certificate of Authority to Transact Business). Once you are incorporated or have authority to do business, you apply for the mortgage broker or banker license. In just about every state that means starting with the Nationwide Mortgage Licensing System (NMLS). You complete an application called an MU1 about the company, an MU2 about the owners, and an MU4 for each mortgage loan originator. There is an administrative fee just to get your company onto the NMLS plus the license fee that each state charges. Each state has its own additional requirements that may require you to spend more to get your license. Those requirements may be a surety bond (so you pay an insurance premium), a financial statement prepared by an accountant (add in an accountant’s fee), credit reports for the owners and officers of the company, background checks and fingerprint cards, and required licensing of one of the owners who is responsible for day-to-day operations. There are also still some states that require a physical presence in their state so you need to rent an office.

When you add up all the fees, you could be looking at anything from $2,000 to
$4,000. That does not include the costs for getting your loan officers licensed (and you must have at least one person licensed as a loan originator, even in a one-man shop). If you are getting a new license as part of an expansion, you must do a cost benefit analysis to evaluate whether the costs of getting the license are less than the revenues that you expect to earn in that state.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!

Should You Attend a Mortgage Banker or Mortgage Broker Trade Show?

A mortgage banker or broker trade show is usually held over 3-4 days. That’s a lot of time to be away from your business. You may want to attend a show if you thought you could get something valuable for your business. What can you get from a trade show?

My office is located in New Jersey and next week is the 2010 Regional Conference of MBAs (I believe it’s sponsored by the mortgage bankers associations of New Jersey, New York, Pennsylvania, Connecticut, Washington D.C., Maryland, New Hampshire, Massachusetts, and Rhode Island). I’m debating whether to attend this show. Will it provide me with any benefits that I can translate into new business? What would I like to see at a trade show for mortgage bankers or brokers? Obviously, what I would like to get out of a trade show, as a lawyer who works a great deal with the mortgage industry, is different from what you, a mortgage banker or mortgage broker, would want to get out of such a conference.

I’d look at the programming details first to see if there were any sessions that I would want to attend. Lately, there are a lot of regulatory changes that are raising many questions for mortgage brokers and bankers and there should be sessions addressing these questions. Many of you want to know how to survive in this new business climate and there are hopefully sessions that will speak about these issues. If the speakers are listed, are they regulators that you would like to meet or other successful business owners that you’d like to network with? That would be a good reason to attend.

Check the list of exhibitors. Can you find new vendors for your business? Can you find out if they have a solution for your problem or can they save you money over your existing vendors? Can you form a strategic alliance with any of the exhibitors?

Lastly, a trade show can be a great opportunity to meet other mortgage bankers and mortgage brokers. Meeting and talking to some of these people can help you find out what your competition is doing, how they are dealing with the problems that you are facing, and how you can be better than they are. If you are not in competition with them, you can find mortgage bankers and brokers who are licensed in states that you are not, so you can take advantage of leads that you cannot use and vice versa. When you talk with mortgage bankers and brokers who are not in competition with you, they are more likely to open up with their strategies for solving the same problems you are having.

It may be useful to attend a local trade show or conference so that you can limit your costs, both in travel and hotel expenses and the number of days you are away from your business.

Please feel free to forward this blog post to your colleagues, listserv members or favorite bloggers. Or if you would like to run it (in whole or in part) in any publication or quote from it, simply include my name and URL: http://www.mortgagelicensesolutions.com. No prior permission needed. To inquire about joining my list to receive my blog posts or my availability to speak to your group or write an article for your publication, please email me at Robin@Mortgagelicensesolutions.com. Thank you!