Who Created the SAFE ACT?
HOUSING AND ECONOMIC RECOVERY ACT (HERA)
What’s the purpose of the SAFE ACT?
SAFE ACT regulates the mortgage industry on a national level, establishes the minimum standards that must be met for licensure and requires mortgage loan originators be either state-licensed or federally registered.
Who enforces the SAFE ACT?
CFPB
Employees
Of financial institutions (depositories) must register as a MLO and get UI
All other individual
Safe act
Apply for a License, State Licensed MLO and get UI
Under SAFE ACT you have to update certain information within
30D
What is the identifier that permanently identifies a registered or licensed MLO?
Unique identifier
Unique identifiers are required to be disclosed on what?
● Trust deed ● All disclosures require the MLO’s NMLS number ● Mortgages ● Promissory note ● Advertisements of any kind ● 1003 URLA (loan application)
Immediate family members include?
● Parents (stepparents) ● Spouse ● Children (stepchildren) ● Siblings (step siblings) ● Grandparents ● Grandchildren ● Adopted family members.
What is the definition of a Mortgage loan originator (MLO)?
An individual who takes a residential mortgage loan application, offers and negotiates terms of a residential mortgage loan for compensation or gain. Mortgage originators are part of the Primary Mortgage Market. They must work with underwriters and loan processors.
Nationwide Mortgage Licensing System and Registry, or NMLS system, was developed and is maintained by?
The Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR).
Loan processor role is?
it to make sure all the proper documentation is organized to send to the underwriter
Underwriter role is
to analyze if the borrower can make the necessary monthly mortgage payment and decide if the loan will be approved
Any loan processor or underwriter who is an independent contractor and engages in residential mortgage loan origination activities as a loan originator with respect to any dwelling or residential real estate in the state must?
Obtain and maintain a valid loan originator license from the state.
For an individual to be eligible for a loan originator license, they can not have been convicted of, or pled guilty to a felony during the period of _____ years preceding the date of the application for licensing.
7-years
To be eligible for a loan originator license, how many hours is required for pre-licensing education and what is the breakdown?
20 hours ● 3 hours of federal law ● 3 hours of ethics and ● 2 hours of training on nontraditional mortgage products ● 12 electives
To be eligible to renew a loan originator license, how many hours of annual continuing education is required and what is the break down?
8 hours ● 3 hours of Federal law ● 2 hours of ethics ● 2 hours of training related to nontraditional mortgage products ● 1 hour of electives
Loan originators licenses expire annually, and must be renewed between what days?
November 1st- December 31st renewal due date.
Who has legal authority to discipline loan originator licensees with appropriate enforcement actions, such as license suspensions or revocations, cease-and-desist orders, civil money penalties, and consumer refunds for violations of state or Federal law?
A State Supervisory
SusEDA
Who oversees compliance over the State Authorities, registry of the NMLSR and mortgage schools and courses?
Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators Mortgage (AARMR)
A licensed attorney performing activities that come within the definition of a loan originator is not required to be licensed, provided that such activities are?
● Carried out within an attorney-client relationship ● Accomplished by the attorney in compliance with all applicable laws, rules, ethics, and standards
What agency is responsible for the effective supervision, regulation, and housing mission oversight of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac)?
The Federal Housing Finance Agency (FHFA)
FHFA was established by
HERA
What is the penalty for violating the SAFE ACT?
$36,083 (2025) $35,516 (2024) NMLS states $25K (Know both)