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Mortgage Broker Licensing

Protecting Consumers with Mortgage License Requirements

A famous quote in the real estate industry states? underneath All is The Land,?and the constantly changing ownership of this land requires financing. Mortgage Brokers are the experts who assist people in finding and negotiating the financing that fits a particular situation.

Professional Mortgage Brokers are individuals and companies who know the laws and regulations pertaining to real estate financing ? individuals you can trust with your confidential information.

Mortgage licensing for mortgage brokers has evolved in order to protect consumers while they obtain mortgages. Professionals holding a mortgage license are real estate financing experts who function like catalysts between the consumer and the companies actually loaning the mortgage money. The Mortgage Broker License indicates that the Mortgage Broker has what it takes to help consumers through the maze of the mortgage origination process.

The uniqueness of the mortgage licensing laws of each state is expressed in the diversity of the laws, rules, regulations that each state adopts. The states differ on whether a Mortgage Broker even needs a mortgage license, whether the Mortgage Broker can loan on both 1st and 2nd mortgages, or whether a physical office in the state is required. As business over the internet increases, the mortgage licensing laws are becoming more lenient on this physical office requirement. States also differ on how much continuing education they require of the Mortgage Brokers. The various mortgage licensing laws also pertain to the employees of the Mortgage Brokers, and whether they, too, need a mortgage license.

To further the protection of the consumers, the National Association of Mortgage Brokers (NAMB) was formed in 1973. This trade association provides professional certification to assist Mortgage Brokers with their mortgage licensing. The NAMB also provides continuing education courses, an annual requirement for maintaining a Mortgage Broker License in some states. These courses train those who want to become a Mortgage Broker how to provide the most cost-effective methods of obtaining the financing that the consumer wants and can afford. The NAMB also helps promote the most effective government regulations. All but four states are members of the NAMB.

By becoming a Mortgage Broker, an individual can provide hundreds of different, creative options for a consumer to use in financing a property. The consumer truly benefits because Mortgage Brokers are not employees of a particular bank or lender, but instead have a working relationship with dozens of these institutions.

Whether you are researching mortgage license requirements or you're interested in learning how to become a Mortgage Broker. Although we believe all information is accurate as of today, each state is constantly striving to protect the public and provide more quality service to those using the services of a Mortgage Broker. Change in real estate financing is inevitable. To further assist you, we have included links to each state? mortgage licensing office, and also to the state? local NAMB site that provides current information on proposed mortgage license regulations.

Montana Law Requires Licensing of Mortgage Bankers

HELENA, MONTANA ¨C Annie Goodwin, Commissioner of the Montana Division of Banking and Financial Institutions, announced that the Montana Legislature passed a law, which requires the licensing of mortgage bankers. The law amends the Montana Mortgage Broker and Loan Originator Licensing Act. On April 20, 2005, Governor Brian Schweitzer signed Senate Bill 274 into law requiring mortgage bankers providing mortgage broker services to obtain licensure with the Montana Division of Banking and Financial Institutions of the Department of Administration.

Co-Brokering Loans

The Division of Banking and Financial Institutions has issued the following interpretation of the Montana Mortgage Broker and Loan Originator Licensing Act regarding co-brokering loans:

Section 32-9-102, MCA states that a person or entity may not act or offer to act as a residential mortgage broker or loan originator unless licensed by the division. In support of the interpretation the division also references the definitions of "mortgage broker," "loan originator" and "originate" as outlined in Section 32-9-103, MCA. Mortgage broker means a ¡°person or entity that provides services for a fee as an intermediary between a borrower and a lender in obtaining financing for the borrower.¡± Loan originator means "a licensed individual employed by a mortgage broker to assist borrowers by originating a residential loan." Originate means "to negotiate or arrange or to offer to negotiate or arrange a mortgage loan between a borrower and a person or entity that makes or funds mortgage loans; to issue a commitment for a mortgage loan to a borrower; or to place, assist in placing , or find a mortgage loan for a borrower."