Texas adopts rules covering mortgage licensee requirements

Licensing State Issues State Regulators Mortgage Origination Mortgage Servicing

Recently, the Texas Finance Commission adopted amendments to regulations governing residential mortgage banker, loan originator, and loan servicer licensing requirements that included updates to definitions, disclosure requirements, and other licensee duties and responsibilities. Highlights of the amendments include: (i) eliminating the requirement for a licensed mortgage company to post disclosures at its physical office; (ii) requiring disclosure of Nationwide Mortgage Licensing System and Registry (NMLS) identification information on all correspondence from a mortgage company or sponsored originator; (iii) clarifying an existing requirement that advertisements on social media sites are subject to the rules; (iv) amending regulations governing the duties and responsibilities imposed on mortgage bankers and originators to specify discrete acts listed under certain subsections to be deemed violations of certain prohibitions pursuant to Tex. Fin. Code § 156.303(a)(3); and (v) various changes to the requirements for a mortgage company and its sponsored originator to keep books and records, contained in § 80.204. The various rules are effective between January 3 and January 7.