Oregon Administrative Rules|Section 441-860-0020 - Application Requirements

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
Each person applying for a mortgage banker or mortgage broker license shall submit to the director all the following required application materials and information: 
 
(1) A completed Form MU1 submitted through the Nationwide Mortgage Licensing System and Registry and approved by the director. 
 
(2) A completed Form MU2 submitted through the Nationwide Mortgage Licensing System and Registry and approved by the director for any individual that acts as a control person for the mortgage banker or mortgage broker. 
 
(3) 
(a) A corporate surety bond submitted through the Nationwide Mortgage Licensing System and Registry that meets specified terms calculated using the appropriate loan volume amounts under OAR 441-860-0085 if the applicant acts as the applicant's sole mortgage loan originator or employs a mortgage loan originator; or 
 
(b) A corporate surety bond submitted through the Nationwide Mortgage Licensing System and Registry that meets specified terms calculated using the appropriate loan volume amounts under OAR 441-860-0090; or 
 
(c) An irrevocable letter of credit filed with the director that meets specified terms calculated using the appropriate loan volume amounts under OAR 441-860-0090 if the applicant is a mortgage banker and the applicant is either not a mortgage loan originator or the applicant is not required to employ a mortgage loan originator. 
 
 
(4) Financial statements prepared in accordance with generally accepted accounting principles, including a balance sheet and a statement of income or operations, dated not more than six months prior to submission of the application through the Nationwide Mortgage Licensing System and Registry. 
(a) The financial statements may be prepared by the mortgage banker or mortgage broker, except that if the director finds it in the public interest, the director may require that a mortgage banker or mortgage broker submit financial statements prepared by an independent accountant. 
 
(b) If the financial statements are more than six months old, interim period financial statements prepared by the mortgage banker or mortgage broker for the period ending the last full month prior to the date of application shall also be submitted. 
 
 
(5) A written authorization to examine the applicant's Clients' Trust Account under ORS 86A.157 or, in the case of a neutral escrow depository, a copy of the escrow agreement under OAR 441-875-0040. 
 
(6) A copy of the written notice to financial institution of establishment of Clients' Trust Accounts under ORS 86A.160. In the event the applicant does not receive client funds except at the time of closing, an affidavit and undertaking in the form and on terms approved by the director. 
 
(7) The name of the registered agent of the mortgage banker or mortgage broker appointed under ORS 60.111 to accept process, notices or demands served upon the mortgage banker or mortgage broker listed on the application submitted through the Nationwide Mortgage Licensing System and Registry. 
 
(8) Biographical information required by OAR 441-860-0021 submitted through the Nationwide Mortgage Licensing System and Registry. 
 
(9) The information required under OAR 441-860-0030 for each branch office submitted through the Nationwide Mortgage Licensing System and Registry. 
 
(10) Payment of fees for application or renewal, as applicable, under OAR 441-860-0101, paid through the Nationwide Mortgage Licensing System and Registry. 
 
Or. Admin. R. 441-860-0020
FCS 3-1993, f. & cert. ef. 11-15-93; FCS 11-1994, f. 11-4-94, cert. ef. 11-15-94; FCS 1-1996, f. 11-20-96, cert. ef. 12-1-96; Administrative correction 8-4-97; FCS 4-1999, f. & cert. ef. 12-23-99; FCS 10-2000, f. & cert. ef. 9-13-00; FCS 10-2001, f. 12-24-01, cert. ef. 1-1-02; FCS 7-2003, f. 12-30-03 cert. ef. 1-1-04; FCS 6-2004, f. 12-14-04, cert. ef. 1-1-05; FCS 3-2005, f. & cert. ef. 9-6-05; FCS 1-2007, f. & cert. ef. 1-17-07; FCS 12-2009, f. 12-2-09, cert. ef. 1-1-10; FCS 14-2009, f. 12-30-09, cert. ef. 1-4-10; FCS 4-2012, f. & cert. ef 8-1-12; FCS 5-2014, f. 9-18-14, cert. ef. 1-1-15; FSR 1-2017, f. 1-31-17, cert. ef. 4-1-17
Stat. Auth.: ORS 86A.106, 86A.109, 86A.212
 
Stats. Implemented: ORS 86A.103, 86A.106, 86A.212
This section was updated on 3/15/2017 by overlay.