50140. (a) An applicant for a license as a mortgage loan originator
shall apply by submitting the uniform form prescribed for that
purpose by the Nationwide Mortgage Licensing System and Registry. The
commissioner may require the submission of additional information or
supporting documentation to the department.
(b) Section 461 of the Business and Professions Code shall not be
applicable to the Department of Corporations when using a national
uniform application adopted or approved for use by the Nationwide
Mortgage Licensing System and Registry in connection with the SAFE
Act.
(c) The commissioner shall, by rule, establish the timelines,
fees, and assessments applicable to applicants for original mortgage
loan originator licenses, license renewals, and license changes under
this division.
(d) The commissioner may, by rule, require mortgage loan
originator licensees to pay assessments through the Nationwide
Mortgage Licensing System and Registry.
(e) In connection with an application for a license as a mortgage
loan originator, the applicant shall, at a minimum, furnish to the
Nationwide Mortgage Licensing System and Registry information
concerning the applicant's identity, including the following:
(1) Fingerprint images and related information, for purposes of
performing a federal, or both a state and federal, criminal history
background check.
(2) Personal history and experience in a form prescribed by the
Nationwide Mortgage Licensing System and Registry, including the
submission of authorization for the Nationwide Mortgage Licensing
System and Registry and the commissioner to obtain both of the
following:
(A) An independent credit report obtained from a consumer
reporting agency.
(B) Information related to any administrative, civil, or criminal
findings by any governmental jurisdiction.
(f) The commissioner may ask the Nationwide Mortgage Licensing
System and Registry to obtain state criminal history background check
information on applicants described in subdivision (a) using the
procedures set forth in subdivisions (g) and (h).
(g) If the Nationwide Mortgage Licensing System and Registry
electronically submits fingerprint images and related information, as
required by the Department of Justice, for an applicant for a
mortgage loan originator license, for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests and to the existence and content of a
record of state arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal, the Department of Justice shall
provide an electronic response to the Nationwide Mortgage Licensing
System and Registry pursuant to paragraph (1) of subdivision (p) of
Section 11105 of the Penal Code, and shall provide the same
electronic response to the commissioner.
(h) The Nationwide Mortgage Licensing System and Registry may
request from the Department of Justice subsequent arrest notification
service, as provided pursuant to Section 11105.2 of the Penal Code,
for persons described in subdivision (a). The Department of Justice
shall provide the same electronic response to the commissioner.
(i) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this section.
50141. (a) The commissioner shall deny an application for a
mortgage loan originator license unless the commissioner makes at a
minimum the following findings:
(1) The applicant has never had a mortgage loan originator license
revoked in any governmental jurisdiction, except that a subsequent
formal vacation or set aside of such revocation shall not be deemed a
revocation.
(2) The applicant has not been convicted of, or pled guilty or
nolo contendere to, a felony in a domestic, foreign, or military
court during the seven-year period preceding the date of the
application for licensing and registration, or at any time preceding
the date of application, if such felony involved an act of fraud,
dishonesty, a breach of trust, or money laundering. For purposes of
this paragraph, any pardon of a conviction shall not constitute a
conviction.
(3) The applicant has demonstrated such financial responsibility,
character, and general fitness as to command the confidence of the
community and to warrant a determination that the mortgage loan
originator will operate honestly, fairly, and efficiently within the
purposes of this division.
(4) The applicant has completed the prelicensing education
requirement described in Section 50142.
(5) The applicant has passed a written test that meets the test
requirements described in Section 50143.
(6) The applicant is employed by, and subject to the supervision
of, a residential mortgage lender or servicer that has obtained a
license from the commissioner pursuant to this division.
(7) The surety bond of the residential mortgage lender or servicer
employing the applicant covers the activities of the applicant and
meets the requirements of Section 50205.
(b) Before denying a license under this section, the commissioner
shall proceed as prescribed by Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code and
shall have all the powers granted under that chapter.
50142. (a) An applicant for a mortgage loan originator license
shall complete at least 20 hours of education approved in accordance
with subdivision (b). The education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Three hours of ethics, which shall include instruction on
fraud, consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), prelicensing education
courses shall be reviewed and approved by the Nationwide Mortgage
Licensing System and Registry. Review and approval of a prelicensing
education course shall include review and approval of the course
provider.
(c) Nothing in this section shall preclude any prelicensing
education course approved by the Nationwide Mortgage Licensing System
and Registry that is provided by the employer of the applicant or an
entity that is affiliated with the applicant by an agency contract,
or any subsidiary or affiliate of the employer or entity.
(d) Prelicensing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) The prelicensing education requirements approved by the
Nationwide Mortgage Licensing System and Registry for any state other
than California shall be accepted as credit toward completion of
prelicensing education requirements in California.
(f) An individual previously licensed under this chapter applying
to be licensed again must prove that he or she has completed all of
the continuing education requirements for the year in which that
individual last held the license.
50143. (a) An applicant for a mortgage loan originator license
shall pass a qualified written test developed by the Nationwide
Mortgage Licensing System and Registry and administered by a test
provider approved by the Nationwide Mortgage Licensing System and
Registry.
(b) A written test shall not be treated as a qualified written
test for purposes of subdivision (a) unless the test adequately
measures the applicant's knowledge and comprehension in appropriate
subject areas, including the following:
(1) Ethics.
(2) Federal law and regulation relating to mortgage origination.
(3) State law and regulation relating to mortgage origination.
(4) Federal and state law and regulation, including instruction on
fraud, consumer protection, the nontraditional mortgage marketplace,
and fair lending issues.
(c) Nothing in this section shall prohibit a test provider
approved by the Nationwide Mortgage Licensing System and Registry
from providing a test at the location of the employer of the
applicant or the location of any subsidiary or affiliate of the
employer of the applicant, or the location of any entity with which
the applicant holds an exclusive arrangement to conduct the business
of a mortgage loan originator.
(d) (1) An individual shall not be considered to have passed a
qualified written test unless the individual achieves a test score of
not less than 75 percent of correct answers to questions.
(2) An individual who fails the qualified written test may retake
the test up to three consecutive times, although at least 30 days
shall pass between each retesting.
(3) An applicant who fails three consecutive retests shall wait at
least six months before retesting.
(4) A licensed mortgage loan originator who fails to maintain a
valid license for a period of five years or longer shall retake the
test, not taking into account any time during which the individual is
a registered mortgage loan originator.
50144. (a) A mortgage loan originator shall comply with the
requirements of this section on or before December 31 of every year.
(b) The minimum standards for license renewal for mortgage loan
originators shall include the following:
(1) The mortgage loan originator continues to meet the minimum
standards for license issuance under Section 50141.
(2) The mortgage loan originator has satisfied the annual
continuing education requirements described in Section 50145.
(3) The mortgage loan originator, or the residential mortgage
lender or servicer employing the mortgage loan originator, has paid
all required fees for renewal of the license.
(4) The license of a mortgage loan originator failing to satisfy
the minimum standards for license renewal shall expire at midnight on
December 31, except as provided in Section 50145. The commissioner
may adopt procedures for the reinstatement of expired licenses
consistent with the standards established by the Nationwide Mortgage
Licensing System and Registry.
50145. (a) A licensed mortgage loan originator shall complete at
least eight hours of continuing education approved in accordance with
subdivision (b). The continuing education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Two hours of ethics, which shall include instruction on fraud,
consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), continuing education courses
shall be reviewed and approved by the Nationwide Mortgage Licensing
System and Registry. Review and approval of a continuing education
course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any education course
approved by the Nationwide Mortgage Licensing System and Registry
that is provided by the employer of the mortgage loan originator or
an entity that is affiliated with the mortgage loan originator by an
agency contract, or any subsidiary or affiliate of the employer or
entity.
(d) Continuing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) Except as provided in subdivision (i), a licensed mortgage
loan originator:
(1) May only receive credit for a continuing education course in
the year in which the course is taken.
(2) May not take the same approved course in the same or
successive years to meet the annual requirements for continuing
education.
(f) A licensed mortgage loan originator who is an approved
instructor of an approved continuing education course may receive
credit for the licensed mortgage loan originator's own annual
continuing education requirement at the rate of two hours credit for
every one hour taught.
(g) A person who has successfully completed continuing education
requirements approved by the Nationwide Mortgage Licensing System and
Registry for any state other than California shall be granted credit
toward completion of continuing education requirements in
California.
(h) A licensed mortgage loan originator who subsequently becomes
unlicensed shall complete the continuing education requirements for
the last year in which the license was held prior to issuance of a
new or renewed license.
(i) A person meeting the requirements of paragraphs (1) and (3) of
subdivision (b) of Section 50144 may correct any deficiency in
continuing education as established by rule or regulation of the
commissioner.
50146. In addition to any other duties imposed upon the
commissioner by law, the commissioner shall require mortgage loan
originators to be licensed and registered through the Nationwide
Mortgage Licensing System and Registry. In order to carry out this
requirement the commissioner is authorized to participate in the
Nationwide Mortgage Licensing System and Registry. For this purpose,
the commissioner may establish by rule, regulation, or order,
requirements as necessary, including, but not limited to, the
following:
(a) Background checks for:
(1) Criminal history through fingerprint or other databases.
(2) Civil or administrative records.
(3) Credit history.
(4) Any other information as deemed necessary by the Nationwide
Mortgage Licensing System and Registry or the commissioner.
(b) The payment of fees to apply for or renew licenses through the
Nationwide Mortgage Licensing System and Registry.
(c) The setting or resetting as necessary of renewal or reporting
dates.
(d) Requirements for amending or surrendering a license or any
other activities as the commissioner deems necessary for
participation in the Nationwide Mortgage Licensing System and
Registry.
50140. (a) An applicant for a license as a mortgage loan originator
shall apply by submitting the uniform form prescribed for that
purpose by the Nationwide Mortgage Licensing System and Registry. The
commissioner may require the submission of additional information or
supporting documentation to the department.
(b) Section 461 of the Business and Professions Code shall not be
applicable to the Department of Corporations when using a national
uniform application adopted or approved for use by the Nationwide
Mortgage Licensing System and Registry in connection with the SAFE
Act.
(c) The commissioner shall, by rule, establish the timelines,
fees, and assessments applicable to applicants for original mortgage
loan originator licenses, license renewals, and license changes under
this division.
(d) The commissioner may, by rule, require mortgage loan
originator licensees to pay assessments through the Nationwide
Mortgage Licensing System and Registry.
(e) In connection with an application for a license as a mortgage
loan originator, the applicant shall, at a minimum, furnish to the
Nationwide Mortgage Licensing System and Registry information
concerning the applicant's identity, including the following:
(1) Fingerprint images and related information, for purposes of
performing a federal, or both a state and federal, criminal history
background check.
(2) Personal history and experience in a form prescribed by the
Nationwide Mortgage Licensing System and Registry, including the
submission of authorization for the Nationwide Mortgage Licensing
System and Registry and the commissioner to obtain both of the
following:
(A) An independent credit report obtained from a consumer
reporting agency.
(B) Information related to any administrative, civil, or criminal
findings by any governmental jurisdiction.
(f) The commissioner may ask the Nationwide Mortgage Licensing
System and Registry to obtain state criminal history background check
information on applicants described in subdivision (a) using the
procedures set forth in subdivisions (g) and (h).
(g) If the Nationwide Mortgage Licensing System and Registry
electronically submits fingerprint images and related information, as
required by the Department of Justice, for an applicant for a
mortgage loan originator license, for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests and to the existence and content of a
record of state arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal, the Department of Justice shall
provide an electronic response to the Nationwide Mortgage Licensing
System and Registry pursuant to paragraph (1) of subdivision (p) of
Section 11105 of the Penal Code, and shall provide the same
electronic response to the commissioner.
(h) The Nationwide Mortgage Licensing System and Registry may
request from the Department of Justice subsequent arrest notification
service, as provided pursuant to Section 11105.2 of the Penal Code,
for persons described in subdivision (a). The Department of Justice
shall provide the same electronic response to the commissioner.
(i) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this section.
50141. (a) The commissioner shall deny an application for a
mortgage loan originator license unless the commissioner makes at a
minimum the following findings:
(1) The applicant has never had a mortgage loan originator license
revoked in any governmental jurisdiction, except that a subsequent
formal vacation or set aside of such revocation shall not be deemed a
revocation.
(2) The applicant has not been convicted of, or pled guilty or
nolo contendere to, a felony in a domestic, foreign, or military
court during the seven-year period preceding the date of the
application for licensing and registration, or at any time preceding
the date of application, if such felony involved an act of fraud,
dishonesty, a breach of trust, or money laundering. For purposes of
this paragraph, any pardon of a conviction shall not constitute a
conviction.
(3) The applicant has demonstrated such financial responsibility,
character, and general fitness as to command the confidence of the
community and to warrant a determination that the mortgage loan
originator will operate honestly, fairly, and efficiently within the
purposes of this division.
(4) The applicant has completed the prelicensing education
requirement described in Section 50142.
(5) The applicant has passed a written test that meets the test
requirements described in Section 50143.
(6) The applicant is employed by, and subject to the supervision
of, a residential mortgage lender or servicer that has obtained a
license from the commissioner pursuant to this division.
(7) The surety bond of the residential mortgage lender or servicer
employing the applicant covers the activities of the applicant and
meets the requirements of Section 50205.
(b) Before denying a license under this section, the commissioner
shall proceed as prescribed by Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code and
shall have all the powers granted under that chapter.
50142. (a) An applicant for a mortgage loan originator license
shall complete at least 20 hours of education approved in accordance
with subdivision (b). The education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Three hours of ethics, which shall include instruction on
fraud, consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), prelicensing education
courses shall be reviewed and approved by the Nationwide Mortgage
Licensing System and Registry. Review and approval of a prelicensing
education course shall include review and approval of the course
provider.
(c) Nothing in this section shall preclude any prelicensing
education course approved by the Nationwide Mortgage Licensing System
and Registry that is provided by the employer of the applicant or an
entity that is affiliated with the applicant by an agency contract,
or any subsidiary or affiliate of the employer or entity.
(d) Prelicensing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) The prelicensing education requirements approved by the
Nationwide Mortgage Licensing System and Registry for any state other
than California shall be accepted as credit toward completion of
prelicensing education requirements in California.
(f) An individual previously licensed under this chapter applying
to be licensed again must prove that he or she has completed all of
the continuing education requirements for the year in which that
individual last held the license.
50143. (a) An applicant for a mortgage loan originator license
shall pass a qualified written test developed by the Nationwide
Mortgage Licensing System and Registry and administered by a test
provider approved by the Nationwide Mortgage Licensing System and
Registry.
(b) A written test shall not be treated as a qualified written
test for purposes of subdivision (a) unless the test adequately
measures the applicant's knowledge and comprehension in appropriate
subject areas, including the following:
(1) Ethics.
(2) Federal law and regulation relating to mortgage origination.
(3) State law and regulation relating to mortgage origination.
(4) Federal and state law and regulation, including instruction on
fraud, consumer protection, the nontraditional mortgage marketplace,
and fair lending issues.
(c) Nothing in this section shall prohibit a test provider
approved by the Nationwide Mortgage Licensing System and Registry
from providing a test at the location of the employer of the
applicant or the location of any subsidiary or affiliate of the
employer of the applicant, or the location of any entity with which
the applicant holds an exclusive arrangement to conduct the business
of a mortgage loan originator.
(d) (1) An individual shall not be considered to have passed a
qualified written test unless the individual achieves a test score of
not less than 75 percent of correct answers to questions.
(2) An individual who fails the qualified written test may retake
the test up to three consecutive times, although at least 30 days
shall pass between each retesting.
(3) An applicant who fails three consecutive retests shall wait at
least six months before retesting.
(4) A licensed mortgage loan originator who fails to maintain a
valid license for a period of five years or longer shall retake the
test, not taking into account any time during which the individual is
a registered mortgage loan originator.
50144. (a) A mortgage loan originator shall comply with the
requirements of this section on or before December 31 of every year.
(b) The minimum standards for license renewal for mortgage loan
originators shall include the following:
(1) The mortgage loan originator continues to meet the minimum
standards for license issuance under Section 50141.
(2) The mortgage loan originator has satisfied the annual
continuing education requirements described in Section 50145.
(3) The mortgage loan originator, or the residential mortgage
lender or servicer employing the mortgage loan originator, has paid
all required fees for renewal of the license.
(4) The license of a mortgage loan originator failing to satisfy
the minimum standards for license renewal shall expire at midnight on
December 31, except as provided in Section 50145. The commissioner
may adopt procedures for the reinstatement of expired licenses
consistent with the standards established by the Nationwide Mortgage
Licensing System and Registry.
50145. (a) A licensed mortgage loan originator shall complete at
least eight hours of continuing education approved in accordance with
subdivision (b). The continuing education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Two hours of ethics, which shall include instruction on fraud,
consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), continuing education courses
shall be reviewed and approved by the Nationwide Mortgage Licensing
System and Registry. Review and approval of a continuing education
course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any education course
approved by the Nationwide Mortgage Licensing System and Registry
that is provided by the employer of the mortgage loan originator or
an entity that is affiliated with the mortgage loan originator by an
agency contract, or any subsidiary or affiliate of the employer or
entity.
(d) Continuing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) Except as provided in subdivision (i), a licensed mortgage
loan originator:
(1) May only receive credit for a continuing education course in
the year in which the course is taken.
(2) May not take the same approved course in the same or
successive years to meet the annual requirements for continuing
education.
(f) A licensed mortgage loan originator who is an approved
instructor of an approved continuing education course may receive
credit for the licensed mortgage loan originator's own annual
continuing education requirement at the rate of two hours credit for
every one hour taught.
(g) A person who has successfully completed continuing education
requirements approved by the Nationwide Mortgage Licensing System and
Registry for any state other than California shall be granted credit
toward completion of continuing education requirements in
California.
(h) A licensed mortgage loan originator who subsequently becomes
unlicensed shall complete the continuing education requirements for
the last year in which the license was held prior to issuance of a
new or renewed license.
(i) A person meeting the requirements of paragraphs (1) and (3) of
subdivision (b) of Section 50144 may correct any deficiency in
continuing education as established by rule or regulation of the
commissioner.
50146. In addition to any other duties imposed upon the
commissioner by law, the commissioner shall require mortgage loan
originators to be licensed and registered through the Nationwide
Mortgage Licensing System and Registry. In order to carry out this
requirement the commissioner is authorized to participate in the
Nationwide Mortgage Licensing System and Registry. For this purpose,
the commissioner may establish by rule, regulation, or order,
requirements as necessary, including, but not limited to, the
following:
(a) Background checks for:
(1) Criminal history through fingerprint or other databases.
(2) Civil or administrative records.
(3) Credit history.
(4) Any other information as deemed necessary by the Nationwide
Mortgage Licensing System and Registry or the commissioner.
(b) The payment of fees to apply for or renew licenses through the
Nationwide Mortgage Licensing System and Registry.
(c) The setting or resetting as necessary of renewal or reporting
dates.
(d) Requirements for amending or surrendering a license or any
other activities as the commissioner deems necessary for
participation in the Nationwide Mortgage Licensing System and
Registry.
50140. (a) An applicant for a license as a mortgage loan originator
shall apply by submitting the uniform form prescribed for that
purpose by the Nationwide Mortgage Licensing System and Registry. The
commissioner may require the submission of additional information or
supporting documentation to the department.
(b) Section 461 of the Business and Professions Code shall not be
applicable to the Department of Corporations when using a national
uniform application adopted or approved for use by the Nationwide
Mortgage Licensing System and Registry in connection with the SAFE
Act.
(c) The commissioner shall, by rule, establish the timelines,
fees, and assessments applicable to applicants for original mortgage
loan originator licenses, license renewals, and license changes under
this division.
(d) The commissioner may, by rule, require mortgage loan
originator licensees to pay assessments through the Nationwide
Mortgage Licensing System and Registry.
(e) In connection with an application for a license as a mortgage
loan originator, the applicant shall, at a minimum, furnish to the
Nationwide Mortgage Licensing System and Registry information
concerning the applicant's identity, including the following:
(1) Fingerprint images and related information, for purposes of
performing a federal, or both a state and federal, criminal history
background check.
(2) Personal history and experience in a form prescribed by the
Nationwide Mortgage Licensing System and Registry, including the
submission of authorization for the Nationwide Mortgage Licensing
System and Registry and the commissioner to obtain both of the
following:
(A) An independent credit report obtained from a consumer
reporting agency.
(B) Information related to any administrative, civil, or criminal
findings by any governmental jurisdiction.
(f) The commissioner may ask the Nationwide Mortgage Licensing
System and Registry to obtain state criminal history background check
information on applicants described in subdivision (a) using the
procedures set forth in subdivisions (g) and (h).
(g) If the Nationwide Mortgage Licensing System and Registry
electronically submits fingerprint images and related information, as
required by the Department of Justice, for an applicant for a
mortgage loan originator license, for the purposes of obtaining
information as to the existence and content of a record of state
convictions and state arrests and to the existence and content of a
record of state arrests for which the Department of Justice
establishes that the person is free on bail or on his or her
recognizance pending trial or appeal, the Department of Justice shall
provide an electronic response to the Nationwide Mortgage Licensing
System and Registry pursuant to paragraph (1) of subdivision (p) of
Section 11105 of the Penal Code, and shall provide the same
electronic response to the commissioner.
(h) The Nationwide Mortgage Licensing System and Registry may
request from the Department of Justice subsequent arrest notification
service, as provided pursuant to Section 11105.2 of the Penal Code,
for persons described in subdivision (a). The Department of Justice
shall provide the same electronic response to the commissioner.
(i) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the requests described in this section.
50141. (a) The commissioner shall deny an application for a
mortgage loan originator license unless the commissioner makes at a
minimum the following findings:
(1) The applicant has never had a mortgage loan originator license
revoked in any governmental jurisdiction, except that a subsequent
formal vacation or set aside of such revocation shall not be deemed a
revocation.
(2) The applicant has not been convicted of, or pled guilty or
nolo contendere to, a felony in a domestic, foreign, or military
court during the seven-year period preceding the date of the
application for licensing and registration, or at any time preceding
the date of application, if such felony involved an act of fraud,
dishonesty, a breach of trust, or money laundering. For purposes of
this paragraph, any pardon of a conviction shall not constitute a
conviction.
(3) The applicant has demonstrated such financial responsibility,
character, and general fitness as to command the confidence of the
community and to warrant a determination that the mortgage loan
originator will operate honestly, fairly, and efficiently within the
purposes of this division.
(4) The applicant has completed the prelicensing education
requirement described in Section 50142.
(5) The applicant has passed a written test that meets the test
requirements described in Section 50143.
(6) The applicant is employed by, and subject to the supervision
of, a residential mortgage lender or servicer that has obtained a
license from the commissioner pursuant to this division.
(7) The surety bond of the residential mortgage lender or servicer
employing the applicant covers the activities of the applicant and
meets the requirements of Section 50205.
(b) Before denying a license under this section, the commissioner
shall proceed as prescribed by Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code and
shall have all the powers granted under that chapter.
50142. (a) An applicant for a mortgage loan originator license
shall complete at least 20 hours of education approved in accordance
with subdivision (b). The education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Three hours of ethics, which shall include instruction on
fraud, consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), prelicensing education
courses shall be reviewed and approved by the Nationwide Mortgage
Licensing System and Registry. Review and approval of a prelicensing
education course shall include review and approval of the course
provider.
(c) Nothing in this section shall preclude any prelicensing
education course approved by the Nationwide Mortgage Licensing System
and Registry that is provided by the employer of the applicant or an
entity that is affiliated with the applicant by an agency contract,
or any subsidiary or affiliate of the employer or entity.
(d) Prelicensing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) The prelicensing education requirements approved by the
Nationwide Mortgage Licensing System and Registry for any state other
than California shall be accepted as credit toward completion of
prelicensing education requirements in California.
(f) An individual previously licensed under this chapter applying
to be licensed again must prove that he or she has completed all of
the continuing education requirements for the year in which that
individual last held the license.
50143. (a) An applicant for a mortgage loan originator license
shall pass a qualified written test developed by the Nationwide
Mortgage Licensing System and Registry and administered by a test
provider approved by the Nationwide Mortgage Licensing System and
Registry.
(b) A written test shall not be treated as a qualified written
test for purposes of subdivision (a) unless the test adequately
measures the applicant's knowledge and comprehension in appropriate
subject areas, including the following:
(1) Ethics.
(2) Federal law and regulation relating to mortgage origination.
(3) State law and regulation relating to mortgage origination.
(4) Federal and state law and regulation, including instruction on
fraud, consumer protection, the nontraditional mortgage marketplace,
and fair lending issues.
(c) Nothing in this section shall prohibit a test provider
approved by the Nationwide Mortgage Licensing System and Registry
from providing a test at the location of the employer of the
applicant or the location of any subsidiary or affiliate of the
employer of the applicant, or the location of any entity with which
the applicant holds an exclusive arrangement to conduct the business
of a mortgage loan originator.
(d) (1) An individual shall not be considered to have passed a
qualified written test unless the individual achieves a test score of
not less than 75 percent of correct answers to questions.
(2) An individual who fails the qualified written test may retake
the test up to three consecutive times, although at least 30 days
shall pass between each retesting.
(3) An applicant who fails three consecutive retests shall wait at
least six months before retesting.
(4) A licensed mortgage loan originator who fails to maintain a
valid license for a period of five years or longer shall retake the
test, not taking into account any time during which the individual is
a registered mortgage loan originator.
50144. (a) A mortgage loan originator shall comply with the
requirements of this section on or before December 31 of every year.
(b) The minimum standards for license renewal for mortgage loan
originators shall include the following:
(1) The mortgage loan originator continues to meet the minimum
standards for license issuance under Section 50141.
(2) The mortgage loan originator has satisfied the annual
continuing education requirements described in Section 50145.
(3) The mortgage loan originator, or the residential mortgage
lender or servicer employing the mortgage loan originator, has paid
all required fees for renewal of the license.
(4) The license of a mortgage loan originator failing to satisfy
the minimum standards for license renewal shall expire at midnight on
December 31, except as provided in Section 50145. The commissioner
may adopt procedures for the reinstatement of expired licenses
consistent with the standards established by the Nationwide Mortgage
Licensing System and Registry.
50145. (a) A licensed mortgage loan originator shall complete at
least eight hours of continuing education approved in accordance with
subdivision (b). The continuing education shall include at least the
following:
(1) Three hours of instruction on federal law and regulations.
(2) Two hours of ethics, which shall include instruction on fraud,
consumer protection, and fair lending issues.
(3) Two hours of training related to lending standards for the
nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), continuing education courses
shall be reviewed and approved by the Nationwide Mortgage Licensing
System and Registry. Review and approval of a continuing education
course shall include review and approval of the course provider.
(c) Nothing in this section shall preclude any education course
approved by the Nationwide Mortgage Licensing System and Registry
that is provided by the employer of the mortgage loan originator or
an entity that is affiliated with the mortgage loan originator by an
agency contract, or any subsidiary or affiliate of the employer or
entity.
(d) Continuing education may be offered either in a classroom,
online, or by any other means approved by the Nationwide Mortgage
Licensing System and Registry.
(e) Except as provided in subdivision (i), a licensed mortgage
loan originator:
(1) May only receive credit for a continuing education course in
the year in which the course is taken.
(2) May not take the same approved course in the same or
successive years to meet the annual requirements for continuing
education.
(f) A licensed mortgage loan originator who is an approved
instructor of an approved continuing education course may receive
credit for the licensed mortgage loan originator's own annual
continuing education requirement at the rate of two hours credit for
every one hour taught.
(g) A person who has successfully completed continuing education
requirements approved by the Nationwide Mortgage Licensing System and
Registry for any state other than California shall be granted credit
toward completion of continuing education requirements in
California.
(h) A licensed mortgage loan originator who subsequently becomes
unlicensed shall complete the continuing education requirements for
the last year in which the license was held prior to issuance of a
new or renewed license.
(i) A person meeting the requirements of paragraphs (1) and (3) of
subdivision (b) of Section 50144 may correct any deficiency in
continuing education as established by rule or regulation of the
commissioner.
50146. In addition to any other duties imposed upon the
commissioner by law, the commissioner shall require mortgage loan
originators to be licensed and registered through the Nationwide
Mortgage Licensing System and Registry. In order to carry out this
requirement the commissioner is authorized to participate in the
Nationwide Mortgage Licensing System and Registry. For this purpose,
the commissioner may establish by rule, regulation, or order,
requirements as necessary, including, but not limited to, the
following:
(a) Background checks for:
(1) Criminal history through fingerprint or other databases.
(2) Civil or administrative records.
(3) Credit history.
(4) Any other information as deemed necessary by the Nationwide
Mortgage Licensing System and Registry or the commissioner.
(b) The payment of fees to apply for or renew licenses through the
Nationwide Mortgage Licensing System and Registry.
(c) The setting or resetting as necessary of renewal or reporting
dates.
(d) Requirements for amending or surrendering a license or any
other activities as the commissioner deems necessary for
participation in the Nationwide Mortgage Licensing System and
Registry.
