The first thing to keep in mind when deciding to get licensed in multiple states is that every state is different. Mostly in the last 10 years, every state has come up with their own licensing scheme. The state congress passes a bill requiring mortgage companies, branches, and/or loan officers to get licensed. The bill then designates a regulatory agency such as the Department of Financial Institutions in the state to come up with a plan to license all required individuals according to the bill passed by congress. I'm giving you this background, because it helps to understand the reason why ever state is different.
Although the state congressmen and regulators often help each other come up with these licensing schemes, they almost always add their own little twist to it. In general, however, most states require the mortgage company (whether it be a corporation, LLC, or sole proprietorship) to be licensed, the branch locations to be licensed, and the loan originators to be licensed. Some exceptions are Colorado for example, which requires only the loan originators to be licensed and not the company they work for. There is also a common thread to the types of documentation the states require in an application for a license. I'll be going over this in the rest of the article.
Almost every state has the following requirements: Filing for certificate of authority as a foreign entity, registered agent, surety bond, fingerprints, education, experience, and exams, detailed ownership and officer information, financials, and a final application.
Certificate of Authority as a Foreign Entity and Registered Agent
Usually this is filed with the Secretary of State. It can range from $25 to as high as $700 but usually costs about $100. The filing is basic information on the company, its owners, officers, and directors. It is required to be filed in almost every state prior to applying for a license.
A registered agent is someone physical in the state that can receive service of process from a court, attorney, or regulatory agency. There are many companies that handle this service nationwide for about $125 per state per year. Information on the registered agent is required to be sent with the filing for the certificate of authority
Surety Bond
Almost every state is now requiring licensed mortgage companies to obtain a surety bond. Basically a surety bond protects the consumer, third party, and state against any claims made against a mortgage company that does not have the ability to pay. This is not insurance and will be required to be paid back if you ever get a claim against your surety bond. The best thing to do is to never allow your surety bond to be drawn against. Most states require between a $10,000 to $100,000 surety bond to obtain a mortgage license. The cost usually ranges from 0.7% to as high as 3% if you have bad credit or financials.
Fingerprints or other Criminal Background Check
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