The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,

DIVISION OF FINANCE AND CORPORATE SECURITIES









 

DIVISION 880
LICENSING OF MORTGAGE LOAN ORIGINATORS

441-880-0005
Application of ORS 86A.200
to 86A.239 to Employees of Agencies of the United States, State Agencies, Local
Governments and Housing Authorities
As
permitted by 12 C.F.R. § 1008.103(e)(6), the licensing provisions of ORS 86A.200
to 86A.239 do not apply to an employee of an agency of the United States, the executive
department, a local government, a special government body, or a housing authority.
The application of this rule is self-executing. For purposes of this rule:
(1)
“Executive department” has the same meaning as the term is defined in
ORS 174.112.
(2)
“Local government” has the same meaning as the term is defined in ORS
174.116.
(3)
“Special government body” has the same meaning as the term is defined
in ORS 174.117.
(4)
“Housing authority” has the same meaning as that term is used in ORS
chapter 456.
Stat.
Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.203
Hist.:
FCS 11-2011, f. & cert. ef. 11-23-11; FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0006
Application
of ORS 86A.200 to 86A.239 to Employees of Bona Fide Nonprofit Organizations
(1)
As permitted by 12 C.F.R. § 1008.103(e)(7), the licensing provisions of ORS
86A.200 to 86A.239 do not apply to an employee of a bona fide nonprofit organization
as that term is described by criteria established in OAR 441-880-0008, including
a limited liability company of which the nonprofit corporation is the sole member,
and subject to the following conditions:
(a)
The employee may not originate residential mortgage loans outside the scope of the
employee’s duties and employment at the bona fide nonprofit organization without
obtaining a mortgage loan originator license.
(b)
The employee shall act as a mortgage loan originator only with respect to residential
mortgage loans with terms that are in the best interest of the borrower, as that
term is described by criteria established in OAR 441-880-0008.
(2)
For purposes of OAR 441-880-0006 through 441-880-0008, “employee” has
the same meaning as the criteria listed in OAR 441-850-0005, as applied to the nonprofit
organization.
Stat.
Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.203
Hist.:
FCS 11-2011, f. & cert. ef. 11-23-11; FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0007
Process
for Determining if Nonprofit Organization is Bona Fide
As
required by 12 C.F.R. § 1008.103(e)(7)(ii), the process for determining whether
a nonprofit organization is a bona fide nonprofit organization is as follows:
(1)
A nonprofit organization may request in writing that the director determine whether
the nonprofit organization is a bona fide nonprofit organization with respect to
the licensing of employees as mortgage loan originators under ORS 86A.200 to 86A.239.
The nonprofit organization shall supply all information and documentation necessary
for the director to make a determination that the nonprofit organization meets the
criteria established in 441-880-0008 in a timely manner. If the nonprofit organization
registers a member-managed limited liability company for the purpose of loan origination
activities, the determination request and supporting documentation must be provided
by and address the limited liability company. The request will be denied if the
nonprofit organization fails to provide documents requested by the director within
30 days following the request.
(2)
A nonprofit organization shall submit, at a minimum, all the following information:
(a)
The determination letter or other indicia from the Internal Revenue Service recognizing
the nonprofit organization as exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).
(b)
The nonprofit organization’s organizing documents, including articles of incorporation
filed under ORS 65.047 and bylaws filed under ORS 65.061.
(c)
The nonprofit organization’s evidence of registration as a charitable organization
with the Attorney General under ORS 128.650.
(d)
The most recent report filed with the Attorney General under ORS 128.670 detailing
the nature of the assets held by the nonprofit organization and the administration
of those assets by the organization.
(e)
The nonprofit organization’s most recent Form 990, Return of Organization
Exempt from Income Tax, filed by the nonprofit organization.
(f)
If not included within the nonprofit organization’s Form 990 tax return, a
description of the compensation and incentive structure for employees subject to
any determination under these rules.
(g)
A description of each loan program provided by the nonprofit organization, including
a description of eligibility, purpose, loan terms, key features and servicing or
securitization plans, if any.
(h)
A copy of the nonprofit organization’s complaint process, as required by 441-880-0008.
(i)
Other information as requested by the director.
(3)(a)
An employee of a nonprofit organization that has requested that the director make
a determination that the organization is a bona fide nonprofit organization, and
where the statements in such application are true and correct at the time made,
is not subject to the licensing requirements of ORS 86A.200 to 86A.239 during the
time that the director is making the determination.
(b)
An employee of a nonprofit organization entity that has not requested that the director
determine if the organization is a bona fide nonprofit organization is subject to
the licensing requirements of ORS 86A.200 to 86A.239.
(4)
A determination by the director on the application of ORS 86A.200 to 86A.239 to
employees of bona fide nonprofit organizations, or during the period of time when
the director is making a determination under (2)(a) of this rule, does not relieve
the nonprofit organization from meeting any applicable requirements of laws other
than ORS 86A.200 to 86A.239, including but not limited to federal and state laws
related to lending, charitable activities or consumer protection.
(5)(a)
A nonprofit organization determined by the director to be a bona fide nonprofit
organization with respect to the licensing of employees as mortgage loan originators
under ORS 86A.200 to 86A.239 shall submit to the director at least annually a certification
that the nonprofit organization continues to meet the criteria under which the nonprofit
organization requested a determination under this rule.
(b)
The nonprofit organization shall attach with the certification the most recent financial
audit performed by an independent third-party auditor including, but not limited
to, audits performed on nonprofit organizations receiving federal funds according
to OMB Circular A-133, published by the Office of Management and Budget and in effect
as of the adoption of this rule.
(c)
A nonprofit organization determined by the director to be a bona fide nonprofit
organization with respect to the licensing of employees as mortgage loan originators
under ORS 86A.200 to 86A.239 shall disclose to the director any significant changes
to the materials submitted under this rule or to the nonprofit organization’s
operations affecting a determination under ORS 441-880-0008 as soon as is practicable.
(6)(a)
In addition to the certifications required under this section, the director shall
be authorized to periodically examine the books and activities of an organization
determined to be a bona fide nonprofit organization by the director for compliance
with OAR 441-880-0008.
(b)
If the director determines that a nonprofit organization no longer satisfies the
criteria established in OAR 441-880-0008, the director shall, subject to ORS chapter
183, rescind the director’s determination that the organization’s is
a bona fide nonprofit organization with respect to the licensing of employees as
mortgage loan originators under ORS 86A.200 to 86A.239.
(c)
An examination under this section is an audit or examination for purposes of OAR
441-860-0110.
Stat.
Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.203
Hist.:
FCS 11-2011, f. & cert. ef. 11-23-11; FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0008
Criteria
for Determining if Nonprofit Organization is Bona Fide
As
required by 12 C.F.R. § 1008.103(e)(7)(ii), a bona fide nonprofit organization
is an organization that meets all of the following criteria:
(1)
The nonprofit organization has been granted a tax-exempt status under section 501(c)(3)
of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).
(2)
The nonprofit organization promotes affordable housing, provides homeownership education,
or provides similar services.
(3)
The nonprofit organization conducts its activities in a manner that serves public
or charitable purposes.
(a)
The director may consider the following activities conclusive when making a determination
under this section:(A) Making loans for the purpose of providing assistance for
downpayments, closing costs, or other home purchase subsidies;
(B)
Making loans for the purpose of funding housing rehabilitation projects;
(C)
Making loans for the purpose of providing energy efficiency assistance; or
(D)
Making loans for the purpose of avoiding or preventing foreclosure.
(b)
For purposes of this section, organizations that engage in the brokering of mortgage
loans in a manner that would require a license under ORS 86A.100(5) will not be
considered to have conclusively met the presumption in subsection (a).
(4)
The nonprofit organization charges no more in fees than is necessary to support
the organization’s loan origination program activities. The director may consider
recordation fees, application fees and housing counseling fees that together do
not exceed one percent of the principal of loan as conclusive when making a determination
under this section.
(5)
The nonprofit organization compensates its employees in a manner that does not incentivize
employees to act other than in the best interests of the borrower. For purposes
of this section, compensation based on loan volume, loan terms, or other measures
of performance will not be considered to have conclusively met the presumption that
the nonprofit organization compensates employees in a manner that does not incentivize
employees to act other than in the best interests of the borrower.(6) The nonprofit
organization provides for the borrower residential mortgage loans that are consistent
with loan origination in a public or charitable context, that contain terms in the
best interest of the borrower, and that are comparable to mortgage loans and housing
assistance provided under government housing assistance programs. The director may
consider any one of the following loan terms conclusive when making a determination
that a loan is made in the best interest of the borrower:
(a)
Loan terms that do not charge a recipient for the accrual of interest;
(b)
Loan terms that charge interest at below market rates;
(c)
Loan terms that require a borrower to qualify for the loan by the contribution of
sweat equity;
(d)
Loan terms that forgive repayment in whole or in part, whether over a period of
time, on a specified date, or subject to ownership or occupancy conditions; or
(e)
Loan terms that defer repayment for a minimum amount of time, until the residential
dwelling is sold, or until the recipient no longer occupies the residential dwelling.
This subsection does not apply to home equity conversion mortgages, commonly known
as reverse mortgages.
(f)
A loan whose terms restrict the use of the property by the borrower to the borrower’s
principal residence shall not be deemed to be a term that is unfavorable to the
borrower so long as the loan otherwise qualifies under subsections (a) through (e)
of this rule.
(7)
The nonprofit organization requires or provides to employees subject to 441-880-0006
training on state and federal fair lending laws and consumer protection laws that
are relevant to the loan origination services that the nonprofit organization provides
to its borrowers. The director may consider training in one or more of the following
laws directly related to the nonprofit organization’s loan origination activities
conclusive when making a determination under this section:
(a)
The Equal Credit Opportunity Act, 15 U.S.C. § 1601 et seq. and Regulation B,
12 C.F.R. Part 1002.
(b)
The Truth in Lending Act, 15 U.S.C. § 1601 et seq. and Regulation Z, 12 C.F.R.
Part 1026.
(c)
The Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. and Regulation
V, 12 C.F.R. Part 1022.
(d)
The Home Ownership and Equity Protection Act, 15 U.S.C. § 1639 et seq.
(e)
The Home Mortgage Disclosure Act, 12 U.S.C. § 2801 et seq. and Regulation C,
12 C.F.R. Part 1003.
(f)
The Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. and regulations
implementing the Act, 12 C.F.R. Part 1024.
(g)
The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. and Regulation
F, 12 C.F.R. Part 1006.
(h)
Portions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 and §§
6821-6827, and regulations implementing the Act, 12 C.F.R. Part 1016, that relate
to the privacy of consumers' personal financial information.
(i)
The S.A.F.E. Mortgage Licensing Act of 2008, 12 U.S.C. § 5101 et seq., and
regulations implementing the Act, 12 C.F.R. Part 1008.
(8)
The nonprofit organization requires a state criminal records check of each individual
employed by the nonprofit organization to engage, in whole or in part, in loan origination
activities.
(9)
The nonprofit organization requires or provides continuing education on state and
federal fair lending laws and consumer protection laws referenced under section
(8) of this rule that are relevant to the loan origination services that the nonprofit
organization provides to its borrowers.
(10)
The nonprofit organization implements and administers a complaint process that,
at a minimum, provides a process for receiving complaints from borrowers and creates
a record of the resolution of the complaint, if any.
Stat.
Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.203
Hist.:
FCS 11-2011, f. & cert. ef. 11-23-11; FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0020 [Renumbered to 441-880-0215]
441-880-0050 [Renumbered to 441-860-0045]
441-880-0200
Application
Process; Correcting Deficiencies in Application; Abandonment
(1) An applicant for a license as a
mortgage loan originator shall submit a completed Form MU4 together with all required
application materials and information to the Nationwide Mortgage Licensing System
and Registry.
(2) If an applicant or a
mortgage loan originator submits an application, filing or amendment which is incomplete
in any respect, the director shall notify the applicant of a deficiency through
the National Mortgage Licensing System and Registry. The applicant or mortgage loan
originator shall correct any deficiencies associated with the application, filing
or amendment within 30 days of being notified that the director placed a deficiency
on the person’s application. A challenge submitted to the Nationwide Mortgage
Licensing System and Registry as set out in OAR 441-850-0050 shall extend the time
allowed for correcting deficiencies for the duration of the challenge.
(3)(a) If an applicant fails
to correct deficiencies as described in section (2) of this rule or fails to respond
to deficiencies within 30 days of being notified of a deficiency the director may
take action against the licensee, consistent with ORS 86A.224 and 86A.992, in order
to secure compliance with this rule.
(b) In addition to any penalties
assessed under subsection (a) of this rule, if an applicant does not correct deficiencies
after the director takes action under this section the application shall be deemed
to be abandoned. Any fees paid by the applicant under OAR 441-880-0400 will not
be refunded due to abandonment. An applicant whose application is abandoned under
this rule may reapply to obtain a mortgage loan originator license.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.215
Hist.: FCS 14-2009, f. 12-30-09,
cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef 8-1-12; FCS 5-2014, f. 9-18-14,
cert. ef. 1-1-15
441-880-0205
Interim
Licenses
Reserved.
Stat.
Auth.: ORS 86A.242
Stats.
Implemented: ORS 86A.209
Hist.:
FCS 14-2009, f. 12-30-09, cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0210
Financial
Responsibility Criteria
(1) For purposes of this rule, an applicant
is not financially responsible if the applicant has shown a disregard of his or
her own financial circumstances, taking into consideration the totality of the applicant’s
financial circumstances.
(2) Factors that the director
may consider in determining whether an applicant has not demonstrated financial
responsibility include, but are not limited to, the following:
(a) Current outstanding judgments
or material litigation, excluding judgments solely as a result of medical expenses;
(b) Current outstanding tax
liens or other government liens and filings;
(c) A foreclosure within
the past three years and the type of property subject to foreclosure, whether residential
or commercial; or
(d) Pending or completed
bankruptcy proceedings, and the length of time between two or more bankruptcy filings.
(e) A pattern of seriously
delinquent accounts within the past three years.
(3) In assessing the financial
responsibility of the applicant, the director may consider extenuating or mitigating
factors, including but not limited to the following:
(a) Involuntary loss of job
or income;
(b) Involuntary medical expenses;
(c) Divorce;
(d) Attempting workout arrangements
with creditors; or
(e) Any other factor the
director believes reflects circumstances beyond the control of the applicant.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.215
Hist.: FCS 14-2009, f. 12-30-09,
cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef. 8-1-12; FCS 5-2014, f. 9-18-14,
cert. ef. 1-1-15
441-880-0215
Oregon
Examination For Mortgage Loan Originators
(1) Each applicant for a new mortgage
loan originator license must pass the Uniform State Mortgage Loan Originator examination
approved by the National Mortgage Licensing System and Registry, that contains a
uniform state test and an examination on federal regulation prior to engaging in
activities as an Oregon mortgage loan originator.
(a) A passing score on the
examination described in section (1) of this rule is 75 percent or greater.
(b) A passing score on the
examination described in section (1) of this rule is valid for 2 years from the
date of passing the examination.
(2) An applicant that fails
to pass an examination may retake the examination consistent with ORS 86A.215.
(3) Notwithstanding section
(2), an applicant who violates the rules of conduct governing the Uniform State
Mortgage Loan Originator examination or the rules of conduct governing an examination
to obtain a loan originator’s license in any state or territory is considered
to have engaged in an act, practice or course of business that operates or would
operate as a fraud or deceit as used in ORS 86A.236(2). In addition to other remedies
available, the director may refuse to issue the person a license as a mortgage loan
originator.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.215
Hist.: FCS 10-2001, f. 12-24-01,
cert. ef. 1-1-02; FCS 2-2004, f. & cert. ef. 8-5-04; FCS 1-2007, f. & cert.
ef. 1-17-07; Renumbered from 441-880-0020 by FCS 14-2009, f. 12-30-09, cert. ef.
1-4-10; FCS 4-2012, f. & cert. ef 8-1-12; FCS 5-2014, f. 9-18-14, cert. ef.
1-1-15
441-880-0300
License
Renewal; Reinstatement Process
(1) A mortgage loan originator license
shall expire on December 31 of each calendar year. At least 30 days prior to the
expiration of a mortgage loan originator license, a mortgage loan originator shall
submit all information required to the National Mortgage Licensing System and Registry.
The renewal application shall include evidence that:
(a) The mortgage loan originator
attests that all information contained in the renewal request and application is
true and accurate;
(b) The applicant continues
to meet the minimum requirements for a mortgage loan originator license in ORS 86A.212;
(c) The applicant paid any
required fee, as applicable, under OAR 441-880-0400; and
(d) The applicant completed
twenty hours of pre-licensure education or ten hours of continuing education that
comply with the requirements in OAR 441-880-0310.
(2) A person applying to
reinstate a mortgage loan originator license that has lapsed for a period of five
or more years, whether or not the applicant was employed or continued to engage
in business as a mortgage loan originator during the period of the lapse, shall:
(a) Complete the continuing
education requirements under this section (1) of this rule; and
(b) Pass a qualified written
test under ORS 86A.215 and OAR 441-880-0215.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.215
& 86A.218
Hist.: FCS 14-2009, f. 12-30-09,
cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef 8-1-12; FCS 5-2014, f. 9-18-14,
cert. ef. 1-1-15
441-880-0310
Mortgage
Loan Originator Continuing Education Requirements; Curing Deficiencies; License
Sanctions for Failure to Maintain Continuing Education
A mortgage loan originator shall take
and maintain continuing education courses in order to take an application for a
residential mortgage loan or negotiate the terms of a residential mortgage loan,
consistent with the requirements of this rule.
(1) An applicant for a mortgage
loan originator shall complete a minimum of 20 hours of pre-licensing education
courses approved by the Nationwide Mortgage Licensing System and Registry before
submitting an application to obtain a mortgage loan originator’s license in
this state. The twenty hours must include a minimum of three hours of instruction
on federal law and regulations, three hours of instruction on ethics, two hours
of instruction related to lending standards for the nontraditional mortgage product
market, and four hours of instruction on Oregon laws and rules.
(2) A mortgage loan originator
shall take a continuing education course or courses approved by the Nationwide Mortgage
Licensing System and Registry. A mortgage loan originator shall complete at least
ten hours of continuing education per calendar year. The ten hours must include
a minimum of three hours of instruction on of federal law and regulations, two hours
of instruction on ethics, two hours of instruction related to lending standards
for nontraditional mortgage products, and two hours of instruction on Oregon laws
and rules.
(3) A mortgage loan originator
who fails to meet the continuing education requirement shall not take an application
for a residential mortgage loan or negotiate the terms of a residential mortgage
loan until the requirements contained in this rule are satisfied.
(4)(a) A mortgage loan originator
may submit a written request to make up missing hours in continuing education due
to hardship or illness. A written request shall:
(A) Describe the hardship
or illness; and
(B) Describe why the mortgage
loan originator was unable to meet requirements for continuing education.
(b) In all requests under
this rule, the mortgage loan originator has the burden of proving the hardship or
illness responsible for the missing hours in continuing education.
(c) The director shall consider
and may grant a request, but the director shall not grant a request for the following:
(A) Failure or inability
to pay applicable fees to obtain or maintain a mortgage loan originator license;
(B) A suspension of business
activities as a mortgage loan originator; or
(C) Incapacity due to imprisonment.
(5) Nothing in this rule
affects the director’s authority to require by order a mortgage loan originator
to make up missing hours in continuing education under ORS 86A.218 or to decline
to renew the person’s mortgage loan originator license.
(6) The director may deny,
suspend, make inactive, or refuse to renew the mortgage loan originator’s
license until the mortgage loan originator makes up any missing hours of continuing
education required this section.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.218
Hist.: FCS 14-2009, f. 12-30-09,
cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef 8-1-12; FCS 5-2014, f. 9-18-14,
cert. ef. 1-1-15
441-880-0315
Notice
of Employment Status by Employer of Mortgage Loan Originator; Prohibition on Origination
Activities Before Sponsorship
(1) All mortgage brokers or mortgage
bankers employing mortgage loan originators shall provide notice to the Nationwide
Mortgage Licensing System and Registry when it authorizes a mortgage loan originator
to originate Oregon residential mortgage loans. Notice must be made by submitting
a request to sponsor the mortgage loan originator’s license.
(2) No mortgage banker or
broker shall allow a mortgage loan originator to originate residential mortgage
loans for the mortgage banker or mortgage broker until the Director has accepted
the mortgage banker or mortgage broker’s sponsorship request.
(3) All mortgage bankers
or mortgage brokers shall provide notice within 30 days to the Nationwide Mortgage
Licensing System and Registry when a mortgage loan originator ceases to originate
loans for the mortgage banker or mortgage broker. Notice must be made by terminating
the sponsorship of the mortgage loan originator.
(4) The director may request
additional information regarding any of the occurrences outlined in this rule.
Stat. Auth.: ORS 86A.136
Stats. Implemented: ORS 86A.179
Hist.: FCS 4-2012, f. &
cert. ef 8-1-12; FCS 5-2014, f. 9-18-14, cert. ef. 1-1-15
441-880-0320
Notice
of Significant Events by Mortgage Loan Originator
A
mortgage loan originator shall be required to notify the director within 30 days
of the occurrence of any of the following significant developments:
(1)
Filing for bankruptcy;
(2)
Notice that a state began license revocation proceedings against the mortgage loan
originator;
(3)
Filing of a felony indictment against the mortgage loan originator;
(4)
Convictions for any felony or conviction for a misdemeanor involving fraud;
(5)
Instances of material litigation occurring against the mortgage loan originator;
(6)
Changes in the information required on the mortgage loan originator’s application
form, including, but not limited to address changes, phone number changes, and other
information; and
(7)
Changes in the employment status of a mortgage loan originator.
Stat.
Auth.: ORS 86A.188
Stats.
Implemented: ORS 86A.188
Hist.:
FCS 4-2012, f. & cert. ef. 8-1-12
441-880-0400
Fees Payable to the Director
(1) In addition to any fees required
to participate in the National Mortgage Licensing System and Registry, a person
applying for a mortgage loan originator license shall pay to the director a nonrefundable
fee of $80 for the issuance of a mortgage loan originator license.
(2) In addition to any fees
required to participate in the National Mortgage Licensing System and Registry,
a person renewing a mortgage loan originator license shall pay to the director a
nonrefundable fee of $65 for the renewal of a mortgage loan originator license.
Stat. Auth.: ORS 86A.242
Stats. Implemented: ORS 86A.136,
86A.206, 2011 OL Ch. 816 ¦ 1
Hist.: FCS 12-2009, f. 12-2-09,
cert. ef. 1-1-10; FCS 5-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-28-11;
FCS 8-2011, f. & cert. ef. 10-3-11; FCS 4-2015(Temp), f. & cert. ef. 5-21-15
thru 11-13-15; FCS 8-2015, f. & cert. ef. 10-2-15

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