§454F-5 Issuance of license.

679 words·~3 min read·/hi/454f-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner shall not issue a license pursuant to this chapter unless the commissioner makes at a minimum the following findings:

(1)The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has never had a mortgage loan originator or a mortgage loan originator company license revoked in any jurisdiction; provided that a subsequent formal vacation of a revocation shall not be deemed a revocation;

(2)The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has not been convicted of, or pled guilty or nolo contendere, or been granted a deferred acceptance of a guilty plea under federal law or under chapter 853 to a felony in a domestic, foreign, or military court:

(A)During the seven-year period preceding the date of the application for licensing and registration; or

(B)At any time preceding the date of application, if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering;

provided that any pardon of a conviction shall not be deemed a conviction for purposes of this section;

(3)The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has demonstrated financial responsibility, character, and general fitness to command the confidence of the community and to warrant a determination that the applicant shall operate honestly, fairly, and efficiently pursuant to this chapter. For purposes of this paragraph, a person is not financially responsible when the person has shown a disregard in the management of the person's financial condition. A determination that a person has shown a disregard in the management of the person's financial condition may be based on:

(A)Current outstanding judgments, except judgments solely as a result of medical expenses;

(B)Current outstanding tax liens or other government liens and filings;

(C)Foreclosures within the past three years; and

(D)A pattern of seriously delinquent accounts within the past three years;

(4)The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, has not been convicted of, [pled] guilty or nolo contendere to, or been granted a deferred acceptance of a guilty plea under federal law or chapter 853 to any misdemeanor involving an act of fraud, dishonesty, breach of trust, or money laundering;

(5)The applicant, or in the case of an applicant that is not an individual, each individual mortgage loan originator who is employed by the mortgage loan originator company or who provides exclusive services to the applicant as a mortgage loan originator, has completed the pre-licensing education requirement described in section 454F-6;

(6)The applicant, or in the case of an applicant that is not an individual, each individual mortgage loan originator who is employed by the mortgage loan originator company or who provides exclusive services to the applicant as a mortgage loan originator, has passed a written test that meets the test requirements in section 454F-7; and

(7)The applicant has met the mortgage loan recovery fund requirement as required in section 454F-41.

(b)The applicant, or in the case of an applicant that is not an individual, each of the applicant's control persons, executive officers, directors, general partners, and managing members, shall submit authorization to the commissioner for the commissioner to conduct background checks to determine or verify the information in subsection

(a)in each state where the person has conducted mortgage loan origination activities. Authorization pursuant to this subsection shall include consent to provide additional fingerprints, if necessary, to law enforcement or regulatory bodies in other states. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §12; am L 2011, c 194, §7; am L 2016, c 122, §8; am L 2017, c 150, §5]