22100
Effective Jan 1, 2013Amended by Stats. 2012, Ch. 264, Sec. 4. (AB 2666) Effective January 1, 2013.
- (a) No person shall engage in the business of a finance lender or broker without obtaining a license from the commissioner.
- (b) Every licensee engaging in the business of making or brokering residential mortgage loans shall require that every mortgage loan originator employed or compensated by that licensee obtains and maintains a mortgage loan originator license from the commissioner under this division or Division 20 (commencing with Section 50000), or has first obtained a license endorsement from the Commissioner of Real Estate pursuant to Article 2.1 (commencing with Section 10166.01) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code.
- (c) A finance lender or broker shall not employ a mortgage loan originator whose license or license endorsement has lapsed.
- (d) A finance lender or broker may not make or broker a residential mortgage loan unless that loan is offered by, negotiated by, or applied for through a licensed mortgage loan originator.
- (e) Every licensee engaged in the business of making or brokering residential mortgage loans and every mortgage loan originator licensed under this division shall register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.
- (f) An individual shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this state without first obtaining and maintaining annually a license in accordance with the requirements of this division and any rules promulgated by the commissioner under this chapter.
(g) A registered mortgage loan originator, as defined in subdivision (c) of Section 22013, is exempt from licensure under this section when he or she is employed by:
- (1) A depository institution.
- (2) A subsidiary of a depository institution that is owned and controlled by a depository institution and regulated by a federal banking agency.
- (3) An institution regulated by the Farm Credit Administration.