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§ 11-601. Definitions

West's Annotated Code of MarylandFinancial InstitutionsEffective: October 1, 2020

West's Annotated Code of Maryland
Financial Institutions
Title 11. Consumer Credit
Subtitle 6. Mortgage Loan Originators (Refs & Annos)
Effective: October 1, 2020
MD Code, Financial Institutions, § 11-601
§ 11-601. Definitions
In general
(a) In this subtitle the following words have the meanings indicated.
Borrower
(b) “Borrower” has the meaning stated in § 11-501 of this title.
Clerical or support duties
(c) “Clerical or support duties” includes the following activities relating to the processing or underwriting of a mortgage loan when performed subsequent to the receipt of a loan application:
(1) The receipt, collection, distribution, and analysis of information usual and customary for the processing or underwriting of a mortgage loan; and
(2) Communication with a consumer to obtain information necessary for the processing or underwriting of a mortgage loan, to the extent that the communication does not include offering or negotiating mortgage loan rates or terms, or counseling consumers about mortgage loan rates or terms.
Depository institution
(d)(1) “Depository institution” has the meaning stated in the Federal Deposit Insurance Act, 12 U.S.C. § 1813(c).
(2) “Depository institution” includes credit unions.
Federal banking agencies
(e) “Federal banking agencies” means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.
Fund
(f) “Fund” means the Nondepository Special Fund established under § 11-610 of this subtitle.
Immediate family member
(g) “Immediate family member” means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, and stepsibling.
Independent contractor
(h) “Independent contractor” means a person whose compensation is paid without a deduction for federal or State income tax.
Individual
(i) “Individual” means a natural person.
Individual loan servicer
(j) “Individual loan servicer” means an individual who on behalf of a note holder or mortgage loan servicer:
(1) Collects or receives payments, including payments of principal, interest, escrow amounts, and other amounts due on existing mortgage loan obligations owed to the note holder or mortgage loan servicer, at a time when the borrower is in default, or in reasonably foreseeable likelihood of default; and
(2) Working with the borrower and the note holder or mortgage loan servicer, collects data and makes decisions to modify, either temporarily or permanently, the terms of the mortgage loan obligations described in item (1) of this subsection or to proceed with collection efforts through foreclosure or other processes.
License
(k) “License” means a license issued by the Commissioner under this subtitle.
Licensee
(l) “Licensee” means an individual who is licensed by the Commissioner under this subtitle.
Loan application
(m) “Loan application” has the meaning stated in § 11-501 of this title.
Mobile home
(m-1) “Mobile home” has the meaning stated in § 11-501 of this title.
Mortgage lender
(n) “Mortgage lender” means a person that is licensed as a mortgage lender under Subtitle 5 of this title.
Mortgage lending business
(o) “Mortgage lending business” has the meaning stated in § 11-501 of this title.
Mortgage loan
(p) “Mortgage loan” has the meaning stated in § 11-501 of this title.
Mortgage loan originator
(q)(1) “Mortgage loan originator” means an individual who for compensation or gain, or in the expectation of compensation or gain:
(i) Takes a loan application; or
(ii) Offers or negotiates terms of a mortgage loan.
(2) “Mortgage loan originator” does not include an individual who:
(i) Acts solely as a mortgage loan processor or underwriter;
(ii) Performs only real estate brokerage activities and is licensed in accordance with Title 17 of the Business Occupations and Professions Article, unless the individual is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of a mortgage lender, mortgage broker, or other mortgage loan originator;
(iii) Is involved solely in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D); or
(iv) is a retailer of mobile homes or an employee of the retailer if the retailer or employee, as applicable, does not receive, directly or indirectly, compensation or gain for engaging in activities described in paragraph (1) of this subsection that is in excess of compensation or gain received in a comparable cash transaction.
Mortgage loan processor or underwriter
(r)(1) “Mortgage loan processor or underwriter” means an individual who performs clerical or support duties as an employee of, at the direction of, and subject to the supervision and instruction of a person licensed, or exempt from licensing, under Title 5 of this article.
(2) “Mortgage loan processor or underwriter” does not include an individual who:
(i) Represents to the public, through advertising or other means of communication including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator; or
(ii) Performs mortgage loan processing or underwriting activities as an independent contractor.
Nontraditional mortgage product
(s) “Nontraditional mortgage product” means any mortgage product other than a 30-year fixed rate mortgage loan.
Person
(t) “Person” has the meaning stated in § 11-501 of this title.
Real estate brokerage activity
(u) “Real estate brokerage activity” means any activity for which a license is required under Title 17 of the Business Occupations and Professions Article.
Registered mortgage loan originator
(v) “Registered mortgage loan originator” means any individual who:
(1) Is a mortgage loan originator;
(2) Is an employee of:
(i) A depository institution;
(ii) A subsidiary that is:
1. Owned and controlled by a depository institution; and
2. Regulated by a federal banking agency; or
(iii) An institution regulated by the Farm Credit Administration; and
(3) Is registered with, and maintains a unique identifier through, NMLS.
Residential real estate
(w) “Residential real estate” has the meaning stated in § 11-501 of this title.
Unique identifier
(x) “Unique identifier” means a number or other identifier assigned by NMLS.

Credits

Added by Acts 2005, c. 590, § 1, eff. Oct. 1, 2005. Amended by Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2009, c. 4, § 1, eff. July 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2014, c. 579, § 1, eff. Oct. 1, 2014; Acts 2016, c. 341, § 1, eff. July 1, 2016; Acts 2016, c. 478, § 1, eff. July 1, 2016; Acts 2017, c. 253, § 1, eff. July 1, 2017; Acts 2020, c. 48, § 1, eff. Oct. 1, 2020; Acts 2020, c. 49, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020.
MD Code, Financial Institutions, § 11-601, MD FIN INST § 11-601
Current through all legislation from the 2020 Regular Session of the General Assembly.
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