Frequently Asked Questions
General
Mortgage Loan Originator?
A mortgage loan originator (MLO) is an individual who, for compensation or gain, or in the expectation of compensation or gain, takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan.
Residential Mortgage Loan
A residential mortgage loan is any loan primarily for personal, family, or household use that is secured by a mortgage or deed of trust as defined in the federal Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. Dwelling means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobile-home, or trailer, if it is used as a residence.
Why is a license required as a mortgage loan originator in California?
As of January 4, 2010 the Department of Corporations (DOC) began implementing Senate Bill 36 bringing California into conformance with federal law established by the “Safe and Fair Enforcement (S.A.F.E.) for Mortgage Licensing Act of 2008.” A key part of the law is participation in the Nationwide Mortgage Licensing System that was developed by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR).
Who needs an MLO license?
All MLOs employed by finance lenders/brokers under the California Finance Lenders Law (CFLL) or residential mortgage lenders/servicers under the California Residential Mortgage Lending Act (CRMLA) must be licensed. MLOs may apply for a license by submitting a Form MU4 to the California Department of Corporations (DOC) through the Nationwide Mortgage Licensing System (NMLS).
The MLO license must be renewed each year between November 1 and December 31. MLOs must continue to meet all criminal, financial and background requirements at all times. FBI checks and credit checks may be required at renewal.
Licensing Requirements
What Testing Requirements Must I Meet?
You must receive passing scores of 75 or above on both the national and California state components of the S.A.F.E. tests. Both the national and California state components of the S.A.F.E. mortgage test are currently available through NMLS. You may take the tests at any time, either together or at separate times. You are not required to complete your pre-licensing education requirements prior to taking either test. You must pass both the federal and the California State components of the SAFE test prior to submitting an application for a license.
An individual who fails a test may retake the test up to 2 consecutive times with at least 30 days passing between each retesting. An applicant who fails 3 consecutive tests must wait at least 180 days before retesting. For more information about retesting, please visit the NMLS Website
You should allow at least 5 days for exam results to be posted in NMLS. Additional information about testing is available on the NMLS Website.
Information about sponsorship is available on the NMLS Website.
If I have a DRE MLO active license endorsement how do I include my DOC licensed company as my sponsor?
The NMLS system will not allow a DOC licensed company to sponsor an MLO holding a DRE MLO license endorsement. In this case DOC sponsorship by a CFLL or CRMLA company is not required. If you would like the DOC licensed company to be reflected as your sponsor on NMLS, you may apply for a DOC MLO license in addition to your DRE MLO license endorsement, meet all DOC licensing requirements and pay the applicable fees.
How to I obtain surety bond coverage?
Once an MLO is sponsored by a CFLL or CRMLA licensed company that has an approved license status in NMLS, the MLO becomes covered under the employer’s surety bond.
What background checks are required?
MLO applicants must submit fingerprint cards to NMLS for an FBI criminal background check (CBC) and authorize NMLS to obtain a credit report for review by the DOC.
Do I need a license if
I have a DRE Mortgage Loan Originator (MLO) license endorsement do I need an MLO license issued by the DOC to work for a CRMLA or CFLL company?
An MLO with an ACTIVE DRE MLO license endorsement does not need a DOC MLO license to work for a CRMLA or CFLL company. However, an MLO with an INACTIVE DRE MLO license endorsement must obtain an MLO license from the DOC to work for a CRMLA or CFLL company.
For currently licensed real estate salespersons, holding an ACTIVE DRE MLO license endorsement means that you are employed by (1) a properly licensed real estate broker which holds an active MLO license endorsement as a sole proprietor, or (2) a licensed real estate corporation which holds an active MLO license endorsement. As a salesperson, once your employment with a properly licensed MLO real estate broker is terminated, your MLO status will be changed from active to inactive and you will have to obtain an MLO license from the DOC in order to continue to work for a CRMLA or CFLL company.
For currently licensed real estate brokers, holding an ACTIVE DRE MLO license endorsement means that (1) you hold an active MLO license endorsement as a sole proprietor, or (2) you are employed as a broker associate by a properly licensed real estate broker which holds an active MLO license endorsement as a sole proprietor, or by a licensed real estate corporation which holds an active MLO license endorsement. As a broker associate, once your employment with a properly licensed MLO real estate broker is terminated, your MLO status will be changed from active to inactive and you will have to obtain an MLO license from the DOC in order to continue to work for a CRMLA or CFLL company.
The California Financial Code (CA Fin. Code) allows for certain exemptions from licensing by the Department of Corporations (DOC) as a Mortgage Loan Originator (MLO). These exemptions can be found in CA Fin. Code Section 22100(b) for the California Finance Lenders Law (CFLL) and Section 50002.5(a) for the California Residential Mortgage Lending Act (CRMLA).
I am a registered mortgage loan originator do I need an MLO license issued by the DOC to work for a CRMLA or CFLL company?
An MLO with an ACTIVE registration in the NMLS Federal Registry does not need a DOC MLO license to work for a CRMLA or CFLL company. However, an MLO with an INACTIVE registration must obtain an MLO license from the DOC to work for a CRMLA or CFLL company.
A registered mortgage loan originator is an individual who meets all of the following criteria:
- Meets the definition of mortgage loan originator.
- Is an employee of a depository institution, a subsidiary that is owned and controlled by a depository institution and regulated by a federal banking agency, or an institution regulated by the Farm Credit Administration.
- Is registered with, and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry.
Are account executives employed by wholesale lenders required to obtain an MLO License?
Whether an individual is considered to be an MLO is not based on the title or position of the person, but rather whether the activity of the person fits within the definition of MLO. The definition of an MLO can be found in Section 22013(a) of the CFLL and Section 50003.5 of the CRMLA, which states in a pertinent part: "Mortgage loan originator" means an individual who, for compensation or gain, or in the expectation of compensation or gain, takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan…"
Subsection (b)(7)(ii) of Appendix A of HUD’s final rule provides that offering or negotiating terms of a loan does not include offering or negotiating loan terms solely through a third-party licensed loan originator, so long as the nonlicensed individual does not represent to the public that he or she can or will perform covered activities and does not communicate with the borrower or potential borrower. For example, an individual who works solely for a lender, when the individual offers loan terms exclusively to third-party licensed loan originators and not to borrowers or potential borrowers. (Federal Register Vol. 76, No. 126, June 30, 2011)
Therefore, any account executive or person who works solely for a lender that offers or negotiates loan terms solely through third-party licensed mortgage loan originators and not to borrowers or potential borrowers is not required to be licensed as a mortgage loan originator.