13-10-05. Issuance of license.
318 words·~1 min read·
/nd/title-13/chapter-13-10-mortgage-loan-originators/13-10-05·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The commissioner shall not issue a mortgage loan originator license unless the commissioner makes at a minimum the following findings:
1. The applicant has never had a mortgage loan originator license revoked in any
governmental jurisdiction, except that a subsequent formal vacation of such revocation
shall not be deemed a revocation.
2. The applicant has not been charged pending trial, convicted, pled guilty, pled to lesser
charges, or pled nolo contendere 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 such date of application, if such felony involved an act of
fraud, dishonesty, or a breach of trust, or money laundering;
c. Provided that any pardon of a conviction shall not be a conviction for purposes of
this subsection.
3. a. The applicant has demonstrated financial responsibility, character, and general
fitness such as to command the confidence of the community and to warrant a
determination that the mortgage loan originator will operate honestly, fairly, and
efficiently within the purposes of this chapter.
b. For purposes of this subsection, a person has shown that that person is not
financially responsible when that person has shown a disregard in the
management of that person's own financial condition. A determination that an
individual has not shown financial responsibility may include:
(1)Current outstanding judgments, except judgments solely as a result of
medical expenses;
(2)Current outstanding tax liens or other government liens and filings;
(3)Foreclosures within the past three years; and
(4)A pattern of seriously delinquent accounts within the past three years.
4. The applicant has completed the prelicensing education requirement described in
section 13-10-06.
5. The applicant has passed a written test that meets the test requirement described in
section 13-10-07.
6. The applicant has met the net worth and surety bond requirements under section
13-10-13.