Mortgage and Loan Modification Section Information and Forms
The Idaho Annual Composite Report is no longer a required filing. Quarterly MCR filings through the NMLS has replaced this requirement.
On July 1, 2009 the new Idaho Residential Mortgage Practices Act (IRMPA) became
effective. The IRMPA incorporates new licensing requirements mandated by the federal
SAFE Act and also includes new requirements for mortgage loan modification companies.
Particular attention should be made to the restriction on fee collection and related
timing.
Paper licenses are issued by the Idaho Department of Finance at the time of initial
license approval for companies and branches, but not at the time of annual license
renewals. Paper licenses are not issued for mortgage loan originators. Approved
licenses may be verified on the Department’s website in the approved licensee and
registrant section or on the Consumer Access website for the Nationwide Mortgage Licensing System
and Registry (NMLSR) at http://www.nmlsconsumeraccess.org
.
Mortgage Loan Originators (MLO) will be issued an “Approved-Conditional” license until
all SAFE Act requirements are satisfactorily met. Credit reports are expected to be available through
the NMLSR beginning mid October, 2010. Credit reports will be required for all MLOs during the
license renewal process beginning November 1, 2010. Current information on these requirements
and their availability to Idaho licensees and applicants may be found on the NMLSR website
at http://mortgage.nationwidelicensingsystem.org/Pages/default.aspx
in the “Professional Requirements” section. Check this information regularly.
In Idaho there were two deadlines for completion of SAFE Act requirements. The first deadline
of July 31, 2010, was for MLO licensees whose Idaho licenses were approved on or after July 1, 2009.
For all other Idaho MLO licensees the SAFE Act requirements must be fully completed through the NMLSR by
midnight (EST) December 31, 2010.
No MLO license will be renewed unitl the SAFE Act licensing requirements have been met and can be verified
in the NMLSR. If you attempt a license renewal prior to completion of all SAFE Act licensing requirements,
or with deficiencies attached to your license status, it will contain a false attestation and you may be
subject to a reportable administrative action.
Pre-license education requirements consist of: three (3) hours instruction
on ethics; three (3) hours instruction on federal law and regulations; two (2) hours
instruction on lending standards for non-traditional mortgage products; two (2)
hours of Idaho law directly related to the IRMPA and Rules; and ten (10) hours instruction
on elective topics. All instruction must be approved by the NMLSR.
Continuing education annual requirements consist of: three (3) hours instruction
on federal law and regulation; two (2) hours instruction on ethics; two (2) hours
instruction on lending standards for non-traditional mortgage products; and one
(1) hour related to the IRMPA and Rules. All instruction must be approved by NMLSR.
Control Persons, including those individuals identified as Qualified Persons in
Charge (QPIC), will be required to submit fingerprints/criminal background checks and credit
reports once the NMLSR has the functionality in place.
QPICs are subject to the identical continuing education requirements as mortgage loan originators.
Idaho communicates with its licensees and pending applicants primarily through email.
Loan originators are required to provide and maintain a personal email address in
the NMLSR. This allows communication from the Department and the NMLSR regardless
of employment or sponsorship status as it pertains to the license, renewals, training,
etc.
Each applicant and licensee, whether an individual or a company, is responsible
for the accuracy of the information in its MU Forms in the NMLSR. Each loan originator
and control person is responsible for the information contained in his or her Form
MU2 or Form MU4 and must attest to the accuracy and truthfulness of the submitted
information prior to transmission to any regulator. Incorrect, incomplete and false
information filed will delay the approval processes, may jeopardize an approved
license status and may result in an administrative action against the applicant
or licensee.
New Applicants
Before applying for a license you should consult the jurisdiction specific requirements
for Idaho on the NMLSR website in the State Licensing Resource Page section. Additional
resources available are tutorials, work flow guides, quick guides, navigation guides
and sample forms. If you wish to apply for a license and currently do not have an
account on the NMLSR, visit Getting Started, which will walk you through the application
process.
Beginning August 1, 2010, no license will be issued until the national test component,
Idaho state test component and criminal background check process have been completed.
Credit reports are expected to be available in the NMLS beginning mid October 2010.
Credit reports will be required for all MLOs during the license renewal process
beginning November 1, 2010.
The NMLSR Call Center is available from 9:00am-7:00pm EST at (240) 386-4444. Contact
the Call Center for technical and system navigation questions and support.
Mortgage Broker/Lender License: This license is required of any
company or sole proprietor, regardless of location, conducting direct or indirect
mortgage origination or mortgage modification activity for compensation or gain,
or in the expectation of compensation or gain, on residential real estate located
in Idaho. This license type also applies to Credit Union Service Organizations(CUSO).
Regulated Lender Registrant: This registration is required of any
company or sole proprietorship, licensed under the Idaho Credit Code, Idaho Code
§ 28-41-101 as a regulated lender, regardless of location, conducting direct or
indirect mortgage loan origination or mortgage loan modification activity on dwellings
located in Idaho for compensation or gain, or in the expectation of compensation
or gain. This is not a transition of a regulated lender license. This is
an additional registration requirement for existing approved regulated
lender licensees to allow issuance of the required NMLSR unique ID number required
for mortgage transactions and to be able to sponsor and manage mortgage loan originators
in the NMLSR.
Exempt Entity Registration: This registration is required of any
entity or sole proprietorship, that: 1) conducts independent contractor mortgage
loan processing or mortgage loan underwriting services on behalf
of Idaho mortgage broker or mortgage lender licensees or regulated lender licensees
and registrants on dwellings located in Idaho, but DOES NOT conduct or engage in mortgage
origination activities; or 2) is an exempt entity under Idaho law engaging in mortgage
loan origination activities through independent contractors required to
be licensed as mortgage loan originators by Idaho law. This registration is NOT available to
mortgage broker/lender companies or regulated lender companies.
Mortgage Loan Originator License: This license is required of any
natural person conducting residential mortgage loan origination, residential mortgage
loan modification, independent contractor mortgage loan processing or independent
contractor mortgage loan underwriting activities in Idaho on behalf of a mortgage
broker, mortgage lender, regulated lender or exempt entity from locations licensed
to conduct activity in Idaho. Sponsorship limitations may apply.
General Information
- Licensees are not required to maintain a physical location in Idaho
- Net branching is not allowed—branch arrangements must meet HUD minimum standards
- There is no “one-time exemption” from licensing for individuals regularly engaged
in mortgage brokering, mortgage lending or mortgage modification activities. Companies
completing a transaction for no compensation must complete a No Compensation Exclusion
Request form and send/fax to the Department for approval
- Exempt entities include, but are not limited to, certain financial institutions,
governmental entities, wholesale lenders (may require alternate licensing for 2nd
mortgage retail activity), and active Idaho-licensed attorneys and accountants
- Sole Proprietors must obtain both a mortgage broker/lender company license and a
mortgage loan originator license.
- Individuals may be employed by or associated with more than one Idaho licensee.
However, loan origination and loan modification activities must be exclusive to
one Idaho licensee. If you are applying for a mortgage loan originator license and
you are associated with more than one mortgage or loan modification company, or
are contemplating affiliating with more than one mortgage or loan modification company,
you must complete a Loan Originator Exclusivity Agreement form
- Criminal Background Check Standards: In order to obtain or maintain a mortgage
loan originator license (or potentially to qualify as an acceptable QPIC or control
person in Idaho), the following items will be considered:
- No felony conviction, plea or finding during the previous seven (7) years;
- No felony conviction, plea or finding at any time if the felony involved an act
of fraud, dishonesty, breach of trust or money laundering;
- Note: “Felony” includes an offense punishable
by a sentence of at least one year imprisonment and/or a fine of at least $1,000.
The term also includes a military general court martial.
Get Started in the NMLSR (click
here)
Idaho Jurisdiction-Specific Requirements (click
here)
Forms
- Mortgage Company License Renewal Information:
PDF
- Mortgage Loan Originator License Renewal Information:
PDF
- Qualified Person in Charge(QPIC) Continuing Education Reminder:
Word
| PDF
- Loan Originator Exclusivity Certification:
Word | PDF
- No Compensation Exclusion Request Form:
Word | PDF
- Idaho-required Model Application Forms and Disclosures:
Word | PDF
Related Links and Information
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