5 MAC Pt. 2, Ch. 1, R. 1.2
Mortgage Loan Originators
Cite as 5 Miss. Admin. Code Pt. 2, Ch. 1, R. 1.2
Mortgage Loan Originators
Loan originators are required to be licensed per Section 81-18-7(4), Mississippi Code of 1972,
Annotated, and to follow specific requirements as outlined below:
1.
Under Section 81-18-9(8)(g), Mississippi Code of 1972, Annotated, loan originators must
be W-2 employees or exclusively engaged to perform loan origination activities for a
Mississippi-licensed company.
2.
If a loan originator leaves a licensed mortgage broker or lender to be employed or
exclusively engaged to work for another licensed mortgage broker or lender, then the loan
originator must complete a new initial loan originator application in the Nationwide
Multistate Licensing System and Registry (NMLS) system. All licenses issued by the
Department are non-transferrable between licensees.
3.
Under Section 81-18-14(6), if a loan originator becomes unlicensed at any point prior to
completing the annual continuing education requirements for the last year in which the
license was held, the loan originator must complete the remaining unmet requirements for
that year prior to receiving a new or renewed license.
4.
Every licensee shall maintain in paper or electronic format loan originator information for
each loan that specifically states the name of each individual who engages in any task
related to the loan application process, and the date and licensed location where the task is
performed. This information is to be kept as part of each borrower’s loan file or may be
kept as part of the required Journal of Mortgage Transactions. At a minimum, the below
items are to be notated in the file:
a. Taking the Mortgage Loan Application or assisting the borrower in completing the
Mortgage Loan Application
b. Requesting the credit report.
c. Negotiating or offering to negotiate the terms of the residential mortgage loan.