When the terms listed below are used in the Fair Mortgage Lending Act, Arkansas Code § 23-39-501 et seq., any rules or forms promulgated under the Fair Mortgage Lending Act, or any order of the Securities Commissioner under the Fair Mortgage Lending Act, the following definitions shall apply, unless a contrary definition is expressly provided or clearly required by the context, to the extent that they do not conflict with the definitions set forth in the Fair Mortgage Lending Act:

1. (1) “Act” means the Fair Mortgage Lending Act, Arkansas Code § 23-39-501 et seq., as the same may be codified and amended from time to time;
2. (2) “Affiliate” means a person that directly or indirectly through one (1) or more intermediaries controls, is controlled by, or is under common control with such person;
3. (3) “Annual report” means a report submitted by the licensee to the Securities Commissioner containing information regarding the licensee’s business activities;
4. (4) “APA” means the Arkansas Administrative Procedure Act, as amended, codified at Arkansas Code §§ 25-15-201 — 25-15-219;
5. (5) “Application” means the form prescribed by the Securities Commissioner for filing in connection with obtaining a license as a mortgage broker, mortgage banker, mortgage servicer, or loan officer, and including all amendments, papers, documents, and exhibits incidental thereto;
6. (6) “Commissioner” means the Securities Commissioner and includes the Securities Commissioner’s designees;
7. (7) “Compensation or gain” means direct or indirect remuneration, benefit, or anything having value received or expected to be received;
8. (8) “Department” means the State Securities Department;
9. (9) “Lender” means the secured creditor or creditors named in the debt obligation and document creating the mortgage loan;
10. (10) “Loan application” or “mortgage loan application” means the form or forms or document or documents used to apply for a mortgage loan that provides the essential financial and personal information about a borrower on which a lender will base the decision to lend money;
11. (11) “Loan modification” means a permanent change in one (1) or more of the terms of an existing mortgage, deed of trust, or equivalent security instrument while the existing promissory note and the mortgage or deed of trust will remain intact;

12. (12) “NMLS&R” means the Nationwide Mortgage Licensing System and Registry, which is the automated mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of:

    1. (A) Mortgage brokers;
    2. (B) Mortgage bankers;
    3. (C) Mortgage servicers; and
    4. (D) Loan officers;
13. (13) “Pleadings” means all forms of petitions, requests, complaints, answers, responses, replies, proposals, requests, notices, applications, briefs, and filings of any nature that are placed before the Securities Commissioner;
14. (14) “Provider” means a person that offers approved continuing education programs under this part; and
15. (15) “Staff” means the staff of the State Securities Department.