<?xml version='1.0' encoding='utf-8'?>
<section article="gfi" article_name="Financial Institutions" number="11-601" title_number="11" title_name="Consumer Credit" subtitle_number="6" subtitle_name="Mortgage Loan Originators">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Borrower” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="c">
    <text>“Clerical or support duties” includes the following activities relating to the processing or underwriting of a mortgage loan when performed subsequent to the receipt of a loan application:</text>
    <level label="1">
      <text>The receipt, collection, distribution, and analysis of information usual and customary for the processing or underwriting of a mortgage loan; and</text>
    </level>
    <level label="2">
      <text>Communication with a consumer to obtain information necessary for the processing or underwriting of a mortgage loan, to the extent that the communication does not include offering or negotiating mortgage loan rates or terms, or counseling consumers about mortgage loan rates or terms.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>“Depository institution” has the meaning stated in the Federal Deposit Insurance Act, 12 U.S.C. § 1813(c).</text>
    </level>
    <level label="2">
      <text>“Depository institution” includes credit unions.</text>
    </level>
  </level>
  <level label="e">
    <text>“Federal banking agencies’’ means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.</text>
  </level>
  <level label="f">
    <text>“Fund” means the Non–Depository Special Fund established under § 2–120 of this article.</text>
  </level>
  <level label="g">
    <text>“Immediate family member” means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, and stepsibling.</text>
  </level>
  <level label="h">
    <text>“Independent contractor” means a person whose compensation is paid without a deduction for federal or State income tax.</text>
  </level>
  <level label="i">
    <text>“Individual” means a natural person.</text>
  </level>
  <level label="j">
    <text>“Individual loan servicer” means an individual who on behalf of a note holder or mortgage loan servicer:</text>
    <level label="1">
      <text>Collects or receives payments, including payments of principal, interest, escrow amounts, and other amounts due on existing mortgage loan obligations owed to the note holder or mortgage loan servicer, at a time when the borrower is in default, or in reasonably foreseeable likelihood of default; and</text>
    </level>
    <level label="2">
      <text>Working with the borrower and the note holder or mortgage loan servicer, collects data and makes decisions to modify, either temporarily or permanently, the terms of the mortgage loan obligations described in item (1) of this subsection or to proceed with collection efforts through foreclosure or other processes.</text>
    </level>
  </level>
  <level label="k">
    <text>“License” means a license issued in any form by the Commissioner under this subtitle to engage in the business of a mortgage loan originator, including as provided for through NMLS.</text>
  </level>
  <level label="l">
    <text>“Licensee” means an individual licensed under this subtitle to engage in the business of a mortgage loan originator.</text>
  </level>
  <level label="m">
    <text>“Loan application” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="m–1">
    <text>“Mobile home” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="n">
    <text>“Mortgage lender” means a person that is licensed as a mortgage lender under Subtitle 5 of this title.</text>
  </level>
  <level label="o">
    <text>“Mortgage lending business” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="p">
    <text>“Mortgage loan” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="q">
    <level label="1">
      <text>“Mortgage loan originator” means an individual who for compensation or gain, or in the expectation of compensation or gain:</text>
      <level label="i">
        <text>Takes a loan application; or</text>
      </level>
      <level label="ii">
        <text>Offers or negotiates terms of a mortgage loan.</text>
      </level>
    </level>
    <level label="2">
      <text>“Mortgage loan originator” does not include an individual who:</text>
      <level label="i">
        <text>Acts solely as a mortgage loan processor or underwriter;</text>
      </level>
      <level label="ii">
        <text>Performs only real estate brokerage activities and is licensed in accordance with Title 17 of the Business Occupations and Professions Article, unless the individual is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of a mortgage lender, mortgage broker, or other mortgage loan originator;</text>
      </level>
      <level label="iii">
        <text>Is involved solely in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D); or</text>
      </level>
      <level label="iv">
        <text>Is a retailer of mobile homes or an employee of the retailer if the retailer or employee, as applicable, does not receive, directly or indirectly, compensation or gain for engaging in activities described in paragraph (1) of this subsection that is in excess of compensation or gain received in a comparable cash transaction.</text>
      </level>
    </level>
  </level>
  <level label="r">
    <level label="1">
      <text>“Mortgage loan processor or underwriter” means an individual who performs clerical or support duties as an employee of, at the direction of, and subject to the supervision and instruction of a person licensed, or exempt from licensing, under Title 5 of this article.</text>
    </level>
    <level label="2">
      <text>“Mortgage loan processor or underwriter” does not include an individual who:</text>
      <level label="i">
        <text>Represents to the public, through advertising or other means of communication including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator; or</text>
      </level>
      <level label="ii">
        <text>Performs mortgage loan processing or underwriting activities as an independent contractor.</text>
      </level>
    </level>
  </level>
  <level label="s">
    <text>“Nontraditional mortgage product” means any mortgage product other than a 30–year fixed rate mortgage loan.</text>
  </level>
  <level label="t">
    <text>“Person” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="u">
    <text>‘‘Real estate brokerage activity’’ means any activity for which a license is required under Title 17 of the Business Occupations and Professions Article.</text>
  </level>
  <level label="v">
    <text>‘‘Registered mortgage loan originator’’ means any individual who:</text>
    <level label="1">
      <text>Is a mortgage loan originator;</text>
    </level>
    <level label="2">
      <text>Is an employee of:</text>
      <level label="i">
        <text>A depository institution;</text>
      </level>
      <level label="ii">
        <text>A subsidiary that is:</text>
        <level label="1">
          <text>Owned and controlled by a depository institution; and</text>
        </level>
        <level label="2">
          <text>Regulated by a federal banking agency; or</text>
        </level>
      </level>
      <level label="iii">
        <text>An institution regulated by the Farm Credit Administration; and</text>
      </level>
    </level>
    <level label="3">
      <text>Is registered with, and maintains a unique identifier through, NMLS.</text>
    </level>
  </level>
  <level label="w">
    <text>“Residential real estate” has the meaning stated in § 11–501 of this title.</text>
  </level>
  <level label="x">
    <text>“Unique identifier” means a number or other identifier assigned by NMLS.</text>
  </level>
</section>
