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Mortgage Loan Officer Examination, Investigation, Penalties, and Retainment of Records FAQs


Can the commissioner examine, investigate, and/or bring an action against a loan officer registrant that has violated the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act (Act)?

Is a loan officer registrant subject to the same violations stated in Sections 22 or 22a of the Mortgage Brokers, Lenders, and Servicers Licensing Act and Section 24 or 26 of the Secondary Mortgage Loan Act as a licensee or registrant?

How did the amendment to the Code of Criminal Procedure affect the Secondary Mortgage Loan Act?

What are the penalties for a person willfully or intentionally operating as a loan officer in Michigan without first obtaining a loan officer registration?

Is a loan officer registrant subject to the same fines and penalties as a licensee or registrant?

What items should the licensee or registrant retain for the loan officer registrant applicant?
   
Question Can the commissioner examine, investigate, and/or bring an action against a loan officer registrant that has violated the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act (Act)?
Answer

Yes, the commissioner has authority to examine or investigate a loan officer registrant, can notify the attorney general or prosecuting attorney of a loan officer or loan officer registrant that has violated the Act, and may bring an action in Ingham County Circuit Court against a loan officer or loan officer registrant that has violated the Act.

 
Question Is a loan officer registrant subject to the same violations stated in Sections 22 or 22a of the Mortgage Brokers, Lenders, and Servicers Licensing Act and Section 24 or 26 of the Secondary Mortgage Loan Act as a licensee or registrant?
Answer

No, these sections were not amended to include loan officer registrant; however, Section 22b of the Mortgage Brokers, Lenders, and Servicers Licensing Act and Section 26a of the Secondary Mortgage Loan Act were added to state what a loan officer registrant shall not do and these sections do not apply to licensees or registrants.

 
Question How did the amendment to the Code of Criminal Procedure affect the Secondary Mortgage Loan Act?
Answer

It amended the provision of the sentencing guidelines that categorizes a licensing violation of the Secondary Mortgage Loan Act by reducing the maximum term of imprisonment for making secondary mortgage loans without a license from three years to one year, increasing the maximum fine from $5,000 to $15,000, and extending the penalty to acting without a loan officer registration.

   
Question
What are the penalties for a person willfully or intentionally operating as a loan officer in Michigan without first obtaining a loan officer registration?
Answer

Guilty of a misdemeanor punishable by fine of not more than $15,000 and/or 1 year imprisonment.

 
Question Is a loan officer registrant subject to the same fines and penalties as a licensee or registrant?
Answer

Yes.  Also, the commissioner shall revoke a loan officer registration if a loan officer registrant violates Section 22b(e)(ii) of the Mortgage Brokers, Lenders, and Servicers Licensing Act, "…convicted of, or plead no contest to, any of the following:…" "(ii) A felony."

   
Question What items should the licensee or registrant retain for the loan officer registrant applicant?
Answer

The following items need to be retained in a unique file onsite and an additional copy at a secured offsite location to be available for examination:

  • A copy of the Loan Officer Request for Registration and Michigan-Specific Supplement to Form MU4 (FIS 2080).
  • The criminal records check results.
  • A Certificate of Completion or evidence of exemption for the 24 hours pre-registration education.
  • Examination results indicating a score of at least 75%.
  • Verification the licensee or registrant has access in NMLS to loan officer registrant applicant’s Form MU4.
  • Renewal application.
  • A Certificate of Completion for the 6 hours continuing education.
  • Affidavit that discloses any criminal conviction or plea of no contest by the loan officer registrant provided at the loan officer registrant’s second or subsequent renewal application.
   
 

 

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