Which of the following individuals is required to be licensed as a mortgage loan originator (MLO)?
A.
A seller providing financing to the purchaser of a dwelling owned by the seller
B.
A loan processor performing clerical duties under the direction and supervision of a licensed broker
C.
An MLO’s assistant explaining and describing the steps that a borrower will need to take in order to obtain a loan
D.
An underwriter presenting a revised loan offer to a borrower under the direction and supervision of a licensed lender
The Answer Is:
A
This question includes an explanation.
Explanation:
Under the SAFE Act, individuals who take an application and offer or negotiate terms of a residential mortgage loan for compensation or gain must be licensed as MLOs.
A seller providing financing for the sale of their own property (such as in an owner-finance transaction) is generally required to be licensed as an MLO unless specifically exempted by state or federal law (limited situations, e.g., seller-finance up to 3 properties per year).
Other individuals listed (processors, assistants, underwriters) do not require licensure as long as they are working under the direction and supervision of a licensed MLO and not negotiating loan terms or taking applications.
“Any individual who takes a residential mortgage loan application and offers or negotiates terms for compensation or gain must be licensed as a mortgage loan originator, unless specifically exempted.”