3 CRR-NY 410.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 3. BANKING
CHAPTER III. SUPERINTENDENT'S REGULATIONS
SUBCHAPTER B. NON-BANKING ORGANIZATIONS
PART 410. MORTGAGE BANKERS: LICENSING REQUIREMENTS; MORTGAGE BROKERS: REGISTRATION REQUIREMENTS; BRANCH APPLICATIONS: NOTIFICATIONS: BOOKS AND RECORDS; ANNUAL REPORTS; SURETY BONDS; AND CONSULTANTS OF LICENSED MORTGAGE BANKERS AND REGISTERED MORTGAGE BROKERS
3 CRR-NY 410.1
3 CRR-NY 410.1
410.1 Mortgage banking license; minimum standards.
(a) Purpose.
Section 592 of the Banking Law provides that the superintendent may issue licenses to engage in the business of mortgage banking if he shall find that the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly and efficiently. Certain minimum standards to be met by applicants for a mortgage banking license are set forth in this section. Nothing contained herein shall limit the superintendent's authority to consider all relevant factors in determining whether or not to approve an application, or to require information in addition to that required by the application form provided to the applicant by the department.
(b) Financial responsibility.
Applicants for a license to engage in the business of making mortgage loans shall demonstrate and maintain:
(1) adjusted net worth of not less than $250,000;
(2) an existing line of credit in an amount of not less than $1,000,000 provided by an unaffiliated banking institution, insurance company or similar credit facility approved by the superintendent; and
(3) a corporate surety bond issued by a bonding company or an insurance company authorized to do business in New York or pledged deposit (valued at the lower of principal amount or market) in the amount set forth in section 410.9 of this Part.
Applicants shall provide the superintendent with evidence of their financial responsibility and submit an affirmation which states that the applicant meets the foregoing requirements. Adjusted net worth shall consist of stockholders equity per the statement of financial condition at the end of the reporting period less the following nonacceptable assets: any asset or portion thereof pledged to secure obligations of any person or entity other than that of the mortgage banker; any asset (except construction loans receivable, secured by first mortgages, from related companies) due from officers or stockholders of the mortgage banker or related companies; that portion of any marketable security (listed or unlisted) not shown at lower of cost or market, except for any shares of FNMA stock required to be held under a servicing agreement which should be carried at cost; any amount in excess of the lower of the cost or market value of mortgages in foreclosure, construction loans, or property acquired through foreclosure; any amount shown on the balance sheet in joint ventures, subsidiaries, affiliates, and/or related companies which is greater than the value of said assets at equity; Goodwill or value placed on insurance renewals or property management contract renewals or other similar intangibles; organization costs; the value of any servicing contracts not determined in accordance with FASB 65, Accounting for Certain Mortgage Banking Activities, or subsequent revisions thereto; and “other assets,” unless the financial statements are accompanied by a schedule prepared by the independent auditor or a schedule prepared by the mortgage banker and signed by an officer of the mortgage banker.
(c) Business background.
Applicants for a mortgage banking license shall demonstrate to the superintendent's satisfaction that they have five years verifiable experience in the business of making residential mortgage loans or similar lending and credit evaluation experience or that they have engaged or shall engage in their employ one or more persons having such experience. At the superintendent sole discretion, other relevant educational or business experience may be substituted for some of the lending and credit evaluation experience described in this subdivision.
(d) Community benefit.
Applicants shall demonstrate to the superintendent their character and fitness to operate a residential mortgage lending business in a manner which is honest, fair, efficient and free from deceptive and anticompetitive practices.
3 CRR-NY 410.1
Current through March 31, 2022
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