No. 33100 (New Rule): Rule R343-8. Mortgage Loan Originator Record Requirements and Reports of Condition

(New Rule)

DAR File No.: 33100
Filed: 10/26/2009 11:51:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to require that appropriate business records are created, maintained, submitted, and produced for inspection.

Summary of the rule or change:

A mortgage loan originator required to be licensed under Title 70D is required to create records related to the underwriting, valuation of collateral, or extension of credit for a mortgage loan. This rule establishes these requirements.

State statutory or constitutional authorization for this rule:

• Section 70D-3-401

Anticipated cost or savings to:

the state budget:

The proposed new rule will not require additional appropriations.

local governments:

Local governments are not involved in regulating mortgage loan originators and are therefore not subject to this rule.

small businesses:

The costs for conducting business as a mortgage loan originator, for those who were not previously required to license in the State of Utah, will increase. The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act"), was passed by Congress on 07/30/2008. The SAFE Act gave states one year to pass legislation requiring the licensure of mortgage loan originators according to national standards and the participation of state agencies on the Nationwide Mortgage Licensing System and Registry (NMLS). As a result, the 2009 General Session of the Utah Legislature, passed H.B. 286 which requires individuals who transact business under Title 70D to be licensed to meet the requirements of the federal mandate. (DAR NOTE: H.B. 286 (2009) is found at Chapter 72, Laws of Utah 2009, and was effective 05/12/2009.)

persons other than small businesses, businesses, or local governmental entities:

The costs for conducting business as a mortgage loan originator, for those who were not previously required to license in the State of Utah, will increase. The SAFE Act was passed by Congress on 07/30/2008. The SAFE Act gave states one year to pass legislation requiring the licensure of mortgage loan originators according to national standards and the participation of state agencies on the NMLS. As a result, the 2009 General Session of the Utah Legislature, passed H.B. 286 which requires individuals who transact business under Title 70D to be licensed to meet the requirements of the federal mandate.

Compliance costs for affected persons:

The costs for conducting business as a mortgage loan originator, for those who were not previously required to license in the State of Utah, will increase. The SAFE Act was passed by Congress on 07/30/2008. The SAFE Act gave states one year to pass legislation requiring the licensure of mortgage loan originators according to national standards and the participation of state agencies on the NMLS. As a result, the 2009 General Session of the Utah Legislature, passed H.B. 286 which requires individuals who transact business under Title 70D to be licensed to meet the requirements of the federal mandate.

Comments by the department head on the fiscal impact the rule may have on businesses:

The costs for conducting business as a mortgage loan originator, for those who were not previously required to license in the State of Utah, will increase. The SAFE Act was passed by Congress on 07/30/2008. The SAFE Act gave states one year to pass legislation requiring the licensure of mortgage loan originators according to national standards and the participation of state agencies on the NMLS. As a result, the 2009 General Session of the Utah Legislature, passed H.B. 286 which requires individuals who transact business under Title 70D to be licensed to meet the requirements of the federal mandate.

Edward Leary, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Financial Institutions
Nondepository Lenders
324 S STATE ST
SALT LAKE CITY, UT 84111-2393

Direct questions regarding this rule to:

• Paul Allred at the above address, by phone at 801-538-8854, by FAX at 801-538-8894, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

Edward Leary, Commissioner

RULE TEXT

R343. Financial Institutions, Nondepository Lenders.

R343-8. Mortgage Loan Originator Record Requirements and Reports of Condition.

R343-8-1. Authority, Scope and Purpose.

(1) This rule is issued pursuant to Section 70D-3-401.

(2) This rule applies to mortgage loan originators who are required to license with the commissioner.

(3) The purpose of this rule is to require that appropriate business records are created, maintained, submitted and produced for inspection.

 

R343-8-2. Record Requirements.

(1) An individual required to be licensed shall create records related to the underwriting, valuation of collateral, or extension of credit for a mortgage loan. Records must be maintained for the period specified in the statute and provided to the commissioner upon the commissioner's request.

 

R343-8-3. Reports of Condition.

(1) A report of condition required by the nationwide database shall be provided to the commissioner upon the commissioner's request.

 

KEY: mortgage

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 70D-3-102

 

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