Licensing of Mortgage Loan Originators

PURPOSE: This rule establishes guidelines for the licensing of mortgage loan originators. (1) Initial Licensing. Application for an initial Mortgage Loan Originator license shall be made within the procedures established by the Nationwide Mortgage Licensing System and Registry (NMLSR). (2) Incomplete Applications. Failure to meet a request for additional information within ten (10) business days may result in denial of the application. A denial under such circumstances shall not affect subsequent applications filed with the appropriate fee. (3) License Renewal and Expiration. Application for renewal shall be made within the procedures established by NMLSR. A renewal application not received by the division prior to December 1 of any year cannot be assured of issuance prior to January 1, at which time the license will be considered to be expired. Any license which is not renewed prior to December 31 may require the applicant to file a reinstatement application as provided for in these rules. (A) The director may not renew a Mortgage Loan Originator license unless all required fees, administrative penalties owed to the director, and any refunds ordered by the director to be returned to consumers have been paid. (4) Reinstatement of License. The license of a mortgage loan originator that expires for failure to satisfy the minimum standards for renewal or does not allow for sufficient lead time for review and processing of an application may be reinstated if the licensee meets the following requirements: (A) The licensee must submit a request for reinstatement through the NMLSR; (B) All continuing education courses and any other requirements for the license renewal for the year in which the license expired must be completed; and (C) The licensee must pay the applicable licensing, reinstatement, and late fees/penalties. 1. If the mortgage loan originator whose license has expired fails to meet the requirements for reinstatement specified in this section and submits a reinstatement filing within the parameters established by NMSLR, the mortgage loan originator must apply for a new license and meet the requirements for licensure in effect at that time. 2. The director may waive any late filing penalty or fee for a licensed mortgage loan originator on active military duty serving outside of Missouri. (5) Fees. (A) Initial and renewal applications shall be made through the NMLSR and shall be accompanied by the applicable fee, which shall be set by the director from time-to-time, not to exceed two hundred fifty dollars ($250). Said fees are not refundable. (B) For each duplicate original license issued, the director shall collect a duplicate original license fee not to exceed one hundred fifty dollars ($150). (C) For each amended license issued, the director shall collect an amended original license fee not to exceed one hundred fifty dollars ($150). (D) A late fee, not to exceed one hundred fifty dollars ($150), may be assessed to any mortgage loan originator who fails to submit a renewal application by December 31 of each year. AUTHORITY: sections 443.709, 443.711, 443.725, 443.843, 443.869, and 443.887, RSMo Supp. 2009.* Emergency rule filed April 5, 2010, effective April 18, 2010, expired Jan. 26, 2011. Original rule filed April 15, 2010, effective Nov. 30, 2010. *Original authority: 443.709, RSMo 2009; 443.711, RSMo 2009; 443.725, RSMo 2009; 443.843, RSMo 1994, amended 1995, 2009; 443.869, RSMo 1994, amended 1995, 2001, 2009; and 443.887, RSMo 1994, amended 1995, 2001, 2009. 20 CSR 1140-30.220 Self-Reporting Requirements PURPOSE: This rule establishes self-reporting requirements for mortgage loan originators, brokers, or any of a broker’s directors, principal stockholders, members, partners, or individuals who influence management. (1) A mortgage loan originator, broker, or any of a broker’s directors, principal stockholders, members, partners, or individuals who influence management (hereinafter collectively referred to as “licensee” for the purpose of this rule) shall notify the director in writing within five (5) days of the occurrence of any of the following events: (A) Licensee files for bankruptcy protection or is subjected to an involuntary bankruptcy proceeding; (B) Institution by any state or other jurisdiction of a license denial, cease and desist, suspension or revocation procedure, or other formal or informal regulatory action against a licensee; (C) Institution of an action by the Missouri attorney general or other enforcer of the consumer protection laws of any jurisdiction to enforce consumer protection laws against a licensee; (D) Having a license suspended, terminated, or otherwise prohibited from participating in a federal or state program; (E) Licensee is suspended, terminated, or otherwise prohibited as an approved lender or seller/servicer by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Government National Mortgage Association, Department of Housing and Urban Development, Department of Veterans Affairs, or any other federal or state agency or program; (F) The entry of a judgment against a licensee; (G) A licensee is convicted of or enters a plea of guilty or nolo contendere to a felony or misdemeanor, excluding traffic violations, in a domestic, foreign, or military court. For the purposes of this requirement, a licensee need not report traffic or driving violations to the director so long as said violations are not felonies; (H) The entry of a tax or other government lien upon the property of a licensee; or (I) Revocation or suspension of a licensee’s professional or business license by any state or jurisdiction. An agreement to surrender a license and/or not to operate in an occupation in which a professional license is required shall be considered a revocation for the purposes of this rule. AUTHORITY: sections 443.869 and 443.887, RSMo Supp. 2009.* Emergency rule filed April 5, 2010, effective April 18, 2010, expired Jan. 26, 2011. Original rule filed April 15, 2010, effective Nov. 30, 2010. *Original authority: 443.869, RSMo 1994, amended 1995, 2001, 2009 and 443.887, RSMo 1994, amended 1995, 2001, 2009.