A licensed company may permit a sponsored and licensed loan originator to work from the loan originator's residence without licensing it as a branch location under RCW 31.04.075 and subject to the following conditions:
- (1) The company must have written policies and procedures that include appropriate risk-based monitoring and oversight processes for the supervision of loan originators working from their residence without licensing it as a branch location. The loan originator must comply with the licensee's policies and procedures.
- (2) Access to the company platforms and customer information must be in accordance with the licensee's comprehensive written information security plan, as required by WAC 208-620-571, which must include safeguards that protect borrower information.
- (3) Communications that contain a customer's protected personal information must be in compliance with federal and state information security requirements, including the applicable provisions under the Gramm-Leach-Bliley Act and the Safeguards Rule. See WAC 208-620-571 and 208-620-572 for more information.
(4) The loan originator's residence may not be held out in any manner, directly or indirectly, as a licensed main or branch location unless it is licensed as a main or branch location. The following is not allowed at the loan originator's residence unless it is licensed as a main or branch location:
- (a) Conducting in-person customer interactions;
- (b) Storing physical records containing customer information;
- (c) Receiving physical records containing customer information; and
- (d) Advertising the location as a licensed main or branch office.
- (5) The NMLS record of the loan originator must designate the licensed main office headquarters or a licensed branch office as their registered location.
- (6) The loan originator must use their registered location from NMLS in the "loan originator information" section on residential mortgage loan applications.
[Statutory Authority: RCW 43.320.040 and 31.04.165. WSR 22-24-048, § 208-620-660, filed 11/30/22, effective 12/31/22.]