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Financial Services Law Insights and Observations

CFPB says some organizations won’t need to comply with screening and training requirements for temporary MLOs

Agency Rule-Making & Guidance CFPB Mortgages Licensing SAFE Act EGRRCPA Regulation Z

Agency Rule-Making & Guidance

On November 15, the CFPB issued an interpretive rule, which clarifies the screening and training requirements for mortgage loan originators (MLOs) with temporary authority under Regulation Z. As previously covered by InfoBytes, Section 106 of Economic Growth, Regulatory Relief, and Consumer Protection Act amends the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) to establish temporary authority, providing a way for eligible MLOs who have applied for a new state loan originator license to act as a loan originator in the application state while the state considers the application. Regulation Z currently requires organizations to perform criminal screenings (including whether the applicant has been convicted of enumerated felonies within specified timeframes) and training requirements before permitting the individual to originate loans. According to the Bureau, Regulation Z is “ambiguous” as to whether these requirements would apply to MLOs with temporary authority and therefore, the interpretive rule clarifies that an organization is not required to conduct the criminal screening or ensure the training of any MLOs with temporary authority under the SAFE Act.

The interpretive rule is effective November 24, the same day the SAFE Act amendments take effect.

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