State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-705

45-705. License or registration required;application; fees; background investigation; registered agent.(1) No person shall act as a mortgage banker or use the title mortgagebanker in this state unless he, she, or it is licensed as a mortgage banker,is registered with the department as provided in section 45-704, is licensedunder the Nebraska Installment Loan Act, or is otherwise exempt from the actpursuant to section 45-703.(2) Applicants for a license as a mortgage banker shall submit to thedepartment an application on a form prescribed by the department.The application shall include, but not be limited to, (a) the applicant'scorporate name and no more than one trade name or doing business as designationwhich the applicant intends to use in this state, if applicable, (b) the applicant'smain office address, (c) all branch office addresses at which business isto be conducted, (d) the names and titles of each director and principal officerof the applicant, (e) the names of all shareholders, partners, or membersof the applicant, (f) a description of the activities of the applicant insuch detail as the department may require, and (g) if the applicant is anindividual, his or her social security number.(3) The application for a license as a mortgage banker shall includeor be accompanied by, in a manner as prescribed by the director, (a) the nameand street address in this state of a registered agent appointed by the licenseefor receipt of service of process and (b) the written consent of the registeredagent to the appointment. A post office box number may be provided in additionto the street address.(4) The application for a license as a mortgage banker shall be accompaniedby an application fee of four hundred dollars and, if applicable, a seventy-five-dollarfee for each branch office listed in the application and any processing feeallowed under subsection (2) of section 45-748.(5) The director may prescribe that the application for a license asa mortgage banker include or be accompanied by, in a manner as prescribedby the director, a background investigation of each applicant by means offingerprints and a check of his or her criminal history record informationmaintained by the Federal Bureau of Investigation through the Nationwide MortgageLicensing System and Registry. If the applicant is a partnership, association,corporation, or other form of business organization, the director may requirea criminal history record information check on each member, director, or principalofficer of each applicant or any individual acting in the capacity of themanager of an office location. The applicant shall be responsible for thedirect costs associated with criminal history record information checks performed.The information obtained thereby may be used by the director to determinethe applicant's eligibility for licensing under this section. Except as authorizedpursuant to subsection (2) of section 45-748, receipt of criminal historyrecord information by a private person or entity is prohibited.(6) A license as a mortgage banker granted under the Residential MortgageLicensing Act shall not be assignable.(7) An application is deemed filed when accepted as substantially completeby the director. SourceLaws 1989, LB 272, § 8; Laws 1995, LB 163, § 3; Laws 1997, LB 752, § 118; Laws 2003, LB 218, § 3; Laws 2005, LB 533, § 52; Laws 2007, LB124, § 42; Laws 2008, LB380, § 1; Laws 2009, LB328, § 7; Laws 2010, LB892, § 7. Cross ReferencesNebraska Installment Loan Act, see section 45-1001.

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-705

45-705. License or registration required;application; fees; background investigation; registered agent.(1) No person shall act as a mortgage banker or use the title mortgagebanker in this state unless he, she, or it is licensed as a mortgage banker,is registered with the department as provided in section 45-704, is licensedunder the Nebraska Installment Loan Act, or is otherwise exempt from the actpursuant to section 45-703.(2) Applicants for a license as a mortgage banker shall submit to thedepartment an application on a form prescribed by the department.The application shall include, but not be limited to, (a) the applicant'scorporate name and no more than one trade name or doing business as designationwhich the applicant intends to use in this state, if applicable, (b) the applicant'smain office address, (c) all branch office addresses at which business isto be conducted, (d) the names and titles of each director and principal officerof the applicant, (e) the names of all shareholders, partners, or membersof the applicant, (f) a description of the activities of the applicant insuch detail as the department may require, and (g) if the applicant is anindividual, his or her social security number.(3) The application for a license as a mortgage banker shall includeor be accompanied by, in a manner as prescribed by the director, (a) the nameand street address in this state of a registered agent appointed by the licenseefor receipt of service of process and (b) the written consent of the registeredagent to the appointment. A post office box number may be provided in additionto the street address.(4) The application for a license as a mortgage banker shall be accompaniedby an application fee of four hundred dollars and, if applicable, a seventy-five-dollarfee for each branch office listed in the application and any processing feeallowed under subsection (2) of section 45-748.(5) The director may prescribe that the application for a license asa mortgage banker include or be accompanied by, in a manner as prescribedby the director, a background investigation of each applicant by means offingerprints and a check of his or her criminal history record informationmaintained by the Federal Bureau of Investigation through the Nationwide MortgageLicensing System and Registry. If the applicant is a partnership, association,corporation, or other form of business organization, the director may requirea criminal history record information check on each member, director, or principalofficer of each applicant or any individual acting in the capacity of themanager of an office location. The applicant shall be responsible for thedirect costs associated with criminal history record information checks performed.The information obtained thereby may be used by the director to determinethe applicant's eligibility for licensing under this section. Except as authorizedpursuant to subsection (2) of section 45-748, receipt of criminal historyrecord information by a private person or entity is prohibited.(6) A license as a mortgage banker granted under the Residential MortgageLicensing Act shall not be assignable.(7) An application is deemed filed when accepted as substantially completeby the director. SourceLaws 1989, LB 272, § 8; Laws 1995, LB 163, § 3; Laws 1997, LB 752, § 118; Laws 2003, LB 218, § 3; Laws 2005, LB 533, § 52; Laws 2007, LB124, § 42; Laws 2008, LB380, § 1; Laws 2009, LB328, § 7; Laws 2010, LB892, § 7. Cross ReferencesNebraska Installment Loan Act, see section 45-1001.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-705

45-705. License or registration required;application; fees; background investigation; registered agent.(1) No person shall act as a mortgage banker or use the title mortgagebanker in this state unless he, she, or it is licensed as a mortgage banker,is registered with the department as provided in section 45-704, is licensedunder the Nebraska Installment Loan Act, or is otherwise exempt from the actpursuant to section 45-703.(2) Applicants for a license as a mortgage banker shall submit to thedepartment an application on a form prescribed by the department.The application shall include, but not be limited to, (a) the applicant'scorporate name and no more than one trade name or doing business as designationwhich the applicant intends to use in this state, if applicable, (b) the applicant'smain office address, (c) all branch office addresses at which business isto be conducted, (d) the names and titles of each director and principal officerof the applicant, (e) the names of all shareholders, partners, or membersof the applicant, (f) a description of the activities of the applicant insuch detail as the department may require, and (g) if the applicant is anindividual, his or her social security number.(3) The application for a license as a mortgage banker shall includeor be accompanied by, in a manner as prescribed by the director, (a) the nameand street address in this state of a registered agent appointed by the licenseefor receipt of service of process and (b) the written consent of the registeredagent to the appointment. A post office box number may be provided in additionto the street address.(4) The application for a license as a mortgage banker shall be accompaniedby an application fee of four hundred dollars and, if applicable, a seventy-five-dollarfee for each branch office listed in the application and any processing feeallowed under subsection (2) of section 45-748.(5) The director may prescribe that the application for a license asa mortgage banker include or be accompanied by, in a manner as prescribedby the director, a background investigation of each applicant by means offingerprints and a check of his or her criminal history record informationmaintained by the Federal Bureau of Investigation through the Nationwide MortgageLicensing System and Registry. If the applicant is a partnership, association,corporation, or other form of business organization, the director may requirea criminal history record information check on each member, director, or principalofficer of each applicant or any individual acting in the capacity of themanager of an office location. The applicant shall be responsible for thedirect costs associated with criminal history record information checks performed.The information obtained thereby may be used by the director to determinethe applicant's eligibility for licensing under this section. Except as authorizedpursuant to subsection (2) of section 45-748, receipt of criminal historyrecord information by a private person or entity is prohibited.(6) A license as a mortgage banker granted under the Residential MortgageLicensing Act shall not be assignable.(7) An application is deemed filed when accepted as substantially completeby the director. SourceLaws 1989, LB 272, § 8; Laws 1995, LB 163, § 3; Laws 1997, LB 752, § 118; Laws 2003, LB 218, § 3; Laws 2005, LB 533, § 52; Laws 2007, LB124, § 42; Laws 2008, LB380, § 1; Laws 2009, LB328, § 7; Laws 2010, LB892, § 7. Cross ReferencesNebraska Installment Loan Act, see section 45-1001.