6-943. Licensing of mortgage bankers required;
qualifications; application; bond; fees; renewal
A. A person shall not act as a mortgage banker if he is not licensed under this
article.
B. The superintendent shall not grant a mortgage banker's license to a person,
other than a natural person, who is not registered to do business in this state on the
date of application for a license. The superintendent shall not issue a mortgage banker's
license or a renewal of a license to an applicant unless the applicant meets all of the
requirements prescribed in subsection C of this section. The superintendent shall
determine whether the applicant meets the requirements based on the application, and
evidence presented at a hearing, if any, or any other evidence that the superintendent
may have regarding qualifications of the applicant.
C. In order to qualify for a mortgage banker license or a renewal of a license an
applicant shall:
1. Have not fewer than three years' experience in the business of making mortgage
banking loans or equivalent lending experience in a related business. If the applicant
is a person other than a natural person, the responsible individual shall meet this
requirement.
2. Have engaged or intend to engage in the business of making mortgage loans or
mortgage banking loans.
3. Either:
(a) Be authorized to do business with any of the following:
(i) The federal housing administration.
(ii) The veterans administration.
(iii) The federal national mortgage association.
(iv) The federal home loan mortgage corporation.
(b) Notwithstanding paragraph 5 of this subsection, at all times have and maintain
a net worth of not less than two hundred fifty thousand dollars.
4. Provide the superintendent with a current audited financial statement or that of
its parent company prepared by an independent certified public accountant in accordance
with generally accepted accounting principles including:
(a) The certified public accountant's opinion as to the fairness of the
presentation in conformity with generally accepted accounting principles.
(b) A balance sheet prepared within the previous six months and certified by the
licensee. The superintendent may require a more recent balance sheet.
(c) A statement of operations and retained earnings and a statement of changes in
financial position provided the applicant has commenced operations.
(d) Notes to the financial statement if applicable.
5. At all times have and maintain a net worth of not less than one hundred thousand
dollars.
D. A person shall make an application for a license or for a renewal of a license
in writing on the forms, in the manner and accompanied by the information prescribed by
the superintendent including the requirements prescribed in subsection C of this section.
The superintendent may require additional information on the experience, background,
honesty, truthfulness, integrity and competency of the applicant and any responsible
individual designated by the applicant. If the applicant is a person other than a natural
person, the superintendent may require information as to the honesty, truthfulness,
integrity and competency of any officer, director, shareholder, member, partner, trustee,
employee or other interested party of the association, corporation or group.
E. The nonrefundable application fee and annual renewal fee shall be as prescribed
in section 6-126. The nonrefundable application fee shall accompany each application for
an original license only.
F. If a licensee is a person other than a natural person, the license issued to it
entitles all officers, directors, members, partners, trustees and employees of the
licensed corporation, partnership, association or trust to engage in the mortgage banking
business if one officer, director, member, partner, employee or trustee of the person is
designated in the license as the individual responsible for the person under this
article. If a licensee is a natural person, the license entitles all employees of the
licensee to engage in the mortgage banking business. If the natural person is not a
resident of this state, an employee of the licensee shall be designated in the license as
the individual responsible for the licensee under this article. For the purposes of this
article an employee does not include an independent contractor. For the purposes of this
article, a responsible individual shall be a resident of this state, shall be in active
management of the activities of the licensee governed by this article and shall have not
less than three years' experience in the business of making mortgage banking loans or
equivalent experience in a related business.
G. A licensee shall notify the superintendent that its responsible individual will
cease to be in active management of the licensee within ten days of learning that
fact. Not more than ninety days after the superintendent receives the notice, the
licensee shall place itself under the active management of a qualified responsible person
and notify the superintendent. If the licensee is not placed under active management of a
qualified responsible individual and if notice is not received by the superintendent
within the ninety day period, the license of the licensee expires.
H. Every person licensed as a mortgage banker shall deposit with the
superintendent, before doing business as a mortgage banker, a bond executed by the
licensee as principal and a surety company authorized to do business in this state as
surety. The bond shall be conditioned on the faithful compliance of the licensee,
including his directors, officers, members, partners, trustees and employees, with this
article. Only one bond is required for a person, firm, association or corporation
irrespective of the number of officers, directors, members, partners or trustees who are
employed by or are members of the firm, association or corporation. The bond is payable
to any person injured by the wrongful act, default, fraud or misrepresentation of the
licensee and to this state for the benefit of any injured person. The coverage shall be
maintained in the minimum amount prescribed in this subsection, computed on a base
consisting of the total assets of the licensee plus the unpaid balance of loans which it
has contracted to service for others as of the end of the licensee's fiscal year.
Base Minimum Bond
Not over $1,000,000 $25,000 for the first $500,000 plus
$5,000 for each $100,000 or fraction
thereof over $500,000
$1,000,001 to $10,000,000 $50,000 plus $5,000 for each $1,800,000
or fraction thereof over $1,000,000
$10,000,001 to $100,000,000 $75,000 plus $5,000 for each $18,000,000
or fraction thereof over $10,000,000
$100,000,001 and over $100,000
No suit may be commenced on the bond after the expiration of one year following the
commission of the act on which the suit is based, except that claims for fraud or mistake
are limited to the limitation period provided in section 12-543, paragraph 3. If any
injured person commences an action for a judgment to collect on the bond, the injured
person shall notify the superintendent of the action in writing at the time of the
commencement of the action and shall provide copies of all documents relating to the
action to the superintendent on request.
I. Notwithstanding subsection H of this section, the bond required shall be
twenty-five thousand dollars for licensees whose investors are limited solely to
institutional investors.
J. For purposes of subsection I of this section:
1. "Institutional investor" means a state or national bank, a state or federal
savings and loan association, a state or federal savings bank, a state or federal credit
union, a federal government agency or instrumentality, a quasi-federal government agency,
a financial enterprise, a licensed real estate broker or salesman, a profit sharing or
pension trust, or an insurance company.
2. "Investor" means any person who directly or indirectly provides funds to a
mortgage banker which funds are, or are intended to be, used in the making of a loan, and
any person who purchases a loan, or any interest therein, from a mortgage banker or in a
transaction that has been directly or indirectly arranged or negotiated by a mortgage
banker.
K. Notwithstanding section 35-155, in lieu of the bond described in this section,
an applicant for a license or a licensee may deposit with the superintendent a deposit in
the form of cash or alternatives to cash in the amount prescribed in subsection H or I of
this section, as applicable. The superintendent may accept any of the following as an
alternative to cash:
1. Certificates of deposit or investment certificates which are payable or assigned
to the state treasurer, issued by banks or savings banks doing business in this state and
fully insured by the federal deposit insurance corporation or any successor institution.
2. Certificates of deposit, investment certificates or share accounts which are
payable or assigned to the state treasurer, issued by a savings and loan association
doing business in this state and fully insured by the federal deposit insurance
corporation or any successor institution.
3. Certificates of deposit, investment certificates or share accounts which are
payable or assigned to the state treasurer, issued by a credit union doing business in
this state and fully insured by the national credit union administration or any successor
institution.
L. The superintendent shall deposit the cash or alternatives to cash received under
this section with the state treasurer. The state treasurer shall hold the cash or
alternatives to cash in the name of this state to guarantee the faithful performance of
all legal obligations of the person required to post bond pursuant to this section. The
person is entitled to receive any accrued interest earned from the alternatives to cash.
The state treasurer may impose a fee to reimburse the state treasurer for administrative
expenses. The fee shall not exceed ten dollars for each cash or alternatives to cash
deposit and shall be paid by the applicant or licensee. The state treasurer may prescribe
rules relating to the terms and conditions of each type of security provided by this
section.
M. In addition to such other terms and conditions as the superintendent prescribes
by rule or order, the principal amount of the deposit shall be released only on written
authorization of the superintendent or on the order of a court of competent jurisdiction.
The principal amount of the deposit shall not be released before the expiration of three
years from the first to occur of any of the following:
1. The date of substitution of a bond for a cash alternative.
2. The surrender of the license.
3. The revocation of the license.
4. The expiration of the license.
N. A licensee or an employee of the licensee shall not advertise for or solicit
mortgage banking business in any manner without using the name and license number as
issued on the mortgage banker's principal place of business license, except that a
licensee may also employ or refer to the commonly used name and any trademarks or service
marks of any affiliate. If a license is issued in the name of a natural person, nothing
in the advertising or solicitation may imply that the license is in the name of another
person or entity. For the purposes of this subsection, advertise does not include
business cards, radio and television advertising directed at national or regional markets
and promotional items except if those items contain rates or terms on which a mortgage
loan or mortgage banking loan may be obtained.
O. A licensee shall not employ any person unless the licensee:
1. Conducts a reasonable investigation of the background, honesty, truthfulness,
integrity and competency of the employee before hiring.
2. Keeps a record of the investigation for not less than two years after
termination.
P. The licensee is liable for any damage caused by any of his employees while
engaged in the business of making mortgage loans or mortgage banking loans.
Q. A licensee shall comply with the requirements of section 6-114 relating to
balloon payments.
R. Notwithstanding subsection C, paragraph 4 of this section, licensees and
applicants whose own resources are derived exclusively from correspondent contracts
between mortgage bankers and banks, savings banks, trust companies, savings and loan
associations, credit unions, profit sharing or pension trusts, consumer lenders or
insurance companies shall provide the superintendent with a current financial statement
or that of its parent company prepared in accordance with generally accepted accounting
principles including:
1. A balance sheet prepared within the previous six months and certified by the
licensee. The superintendent may require a more recent balance sheet.
2. A statement of operations and retained earnings and a statement of changes in
financial position provided the applicant has commenced operations.
3. Notes to the financial statement if applicable.
S. In addition to the grounds specified in section 6-945, subsection A, failure of
a licensee to operate the business of making mortgage loans or mortgage banking loans for
a continuous period of twelve months or more shall constitute grounds for revocation of
such license. The superintendent, upon good cause shown, may extend the time for
operating such business for a single fixed period which shall not exceed twelve months.
T. If the applicant for renewal of a mortgage banker license is a natural person,
the applicant shall have satisfactorily completed twelve continuing education units by a
continuing education provider approved by the superintendent before submitting the
renewal application. If the applicant is other than a natural person, the designated
responsible individual shall have satisfactorily completed twelve continuing education
units by a continuing education provider approved by the superintendent before submitting
the renewal application.
U. A licensee who employs a loan originator shall comply with section 6-991.03.
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