Bill Text: AZ HB2685 | 2014 | Fifty-first Legislature 2nd Regular | Engrossed
Bill Title: Loan originators; examination
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2014-03-17 - House Committee of the Whole action: Do Pass Amended [HB2685 Detail]
Download: Arizona-2014-HB2685-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2685 |
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AN ACT
amending sections 6-991.03 and 6-991.07, Arizona Revised Statutes; relating to loan originators.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 6-991.03, Arizona Revised Statutes, is amended to read:
6-991.03. Licensing; renewal; qualifications; application; fees
A. A natural person shall not act as a loan originator unless licensed under this article.
B. The superintendent shall not grant a loan originator license to a person, other than a natural person. An applicant for an original loan originator's license shall have done all of the following:
1. Satisfactorily completed a course of study, including at least twenty hours of education, for loan originators approved by the superintendent during the two year period immediately preceding the time of application. The twenty hours of education must include at least all of the following:
(a) Three hours of federal law.
(b) Three hours of ethics, which shall include instruction on fraud, consumer protection and fair lending issues.
(c) Two hours of training related to lending standards of the nontraditional mortgage product marketplace.
(d) Four hours of instruction on the laws of this state.
2. Passed a loan originator's examination pursuant to section 6‑991.07 not more than one year before the granting of the license demonstrating. The applicant shall demonstrate knowledge and understanding of the following:
(a) Federal laws.
(b) Laws of this state.
(c) (b) Subjects described in section 6‑991.07, subsection A.
3. Obtained a unique identifier through the nationwide mortgage licensing system and registry established by the secure and fair enforcement for mortgage licensing act of 2008 (P.L. 110‑289; 122 Stat. 2810; 12 United States Code sections 5101 through 5116) or its successor.
4. Deposited with the superintendent a bond executed by the applicant's employer or registered exempt person as principal and a surety company licensed to do business in this state as a surety pursuant to section 6‑903, 6-912 or 6‑943.
5. Submitted fingerprints to the department for the purpose of a background investigation.
6. Paid an amount to be determined by the superintendent for deposit in the mortgage recovery fund established pursuant to section 6‑991.09 or deposited with the superintendent a bond executed by the applicant's employer or registered exempt person as principal and a surety company licensed or approved to do business in this state for the benefit of any person aggrieved by any act, representation, transaction or conduct of a licensed loan originator that violates this title or the rules adopted pursuant to this title. Notwithstanding section 6‑903 or 6‑943, the amount of the bond shall be in an amount of not less than two hundred thousand dollars. Loan originators working under the employer or registered exempt person bond described in this paragraph do not have to contribute to the mortgage recovery fund.
C. A person shall make an application for a license or renewal of a license in writing in the manner prescribed by the superintendent and accompanied by the information prescribed by the superintendent.
D. Before submitting a renewal application, an applicant for renewal of a loan originator license shall have satisfactorily completed eight approved continuing education units that include at least:
1. Three hours of federal law.
2. Two hours of ethics, including instruction on fraud, consumer protection and fair lending issues.
3. Two hours of training related to lending standards for the nontraditional mortgage product marketplace.
4. One hour of instruction on the laws of this state.
E. Education courses taken before licensure shall be reviewed and approved by the nationwide mortgage licensing system and registry established by the secure and fair enforcement for mortgage licensing act of 2008 (P.L. 110‑289; 122 Stat. 2810; 12 United States Code sections 5101 through 5116) or its successor.
F. Continuing education courses shall be reviewed and approved by the nationwide mortgage licensing system and registry established by the secure and fair enforcement for mortgage licensing act of 2008 (P.L. 110‑289; 122 Stat. 2810; 12 United States Code sections 5101 through 5116) or its successor. A licensed loan originator:
1. May only receive credit for a continuing education course in the year in which the course is taken.
2. May not take the same approved course in the same year or successive years to meet the annual requirements for continuing education.
G. The nonrefundable application fee shall accompany each application for an original loan originator license.
H. A license issued pursuant to this article is not transferable or assignable.
I. At the superintendent's discretion, application fees may be waived if the applicant is a housing counselor certified by the United States department of housing and urban development and employed by a nonprofit agency.
J. Each mortgage broker, mortgage banker or registered exempt person shall submit to the nationwide mortgage licensing system and registry established by the secure and fair enforcement for mortgage licensing act of 2008 (P.L. 110‑289; 122 Stat. 2810; 12 United States Code sections 1501 through 5116) or its successor reports of condition that are in a form and that contain information required by the nationwide mortgage licensing system.
K. The superintendent shall establish a process for loan originators to challenge information that the superintendent enters into the nationwide mortgage licensing system and registry.
Sec. 2. Section 6-991.07, Arizona Revised Statutes, is amended to read:
6-991.07. Examination; fee; definition
A. Each applicant for an original loan originator license, before issuance of the license, shall take and pass an examination given under the supervision of the department or its designee. The examination must reasonably examine the applicant's knowledge of all of the following:
1. The obligations between principal and agent.
2. The applicable canons of business ethics.
3. This article and the rules adopted under this article.
4. 3. The arithmetical computations common to mortgage brokerage.
5. 4. The principles of real estate lending.
6. 5. The general purposes and legal effect of mortgages, deeds of trust and security agreements.
7. 6. The terms and conditions of conforming and nonconforming residential mortgage products.
8. 7. The principles of appraisal independence.
B. The examination is subject to the superintendent's approval.
C. An applicant may take the examination three consecutive times with each consecutive taking occurring at least thirty days after the preceding examination. An applicant who fails the examination on three consecutive occasions must wait at least six months before taking the examination again.
D. All examinations shall be given, conducted and graded in a fair and impartial manner and without unfair discrimination between individuals examined. The committee or the department's designee shall inform the applicant of the result of the examination within thirty days of the examination.
E. The superintendent may determine the fee for each examination. The superintendent may contract for the examination for the licensing of applicants. If the superintendent contracts for the examination, the fee for examination for licenses pursuant to this section is payable directly to the contractor by the applicant for examination.
F. For the purposes of this section, "applicant" means a person who has submitted a completed application in the form prescribed by the superintendent.
