Code of Massachusetts Regulations
209 CMR - DIVISION OF BANKS AND LOAN AGENCIES
Title 209 CMR 41.00 - The Licensing Of Mortgage Loan Originators
Section 41.03 - Licensing Exemptions

Universal Citation: 209 MA Code of Regs 209.41

Current through Register 1531, September 27, 2024

The following are not required to obtain a Mortgage Loan Originator license:

(1) Registered Mortgage Loan Originators.

(2) Any person offering or negotiating a residential mortgage loan with or on behalf of an immediate family member.

(3) Any person offering or negotiating a residential mortgage loan secured by a dwelling that served as the individual's primary residence.

(4) Any person admitted to practice law in the Commonwealth negotiating the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the person's representation of the client, unless the person is compensated by a lender, a mortgage broker, or other Mortgage Loan Originator or by any agent of such lender, mortgage broker, or other Mortgage Loan Originator.

(5) Any person engaged solely as a loan processor or underwriter, unless:

1. said person is acting as an independent contractor; or

2. said person is employed by an independent contractor that provides loan processing and underwriting services for entities.

(6) Any person that performs only real estate brokerage activities and is licensed or registered pursuant to M.G.L. c. 112, §§ 87PP through 1/2 87DDD 1/2 , unless the person is compensated by a lender, a mortgage broker, or other Mortgage Loan Originator or by any agent of such lender, mortgage broker, or other Mortgage Loan Originator.

(7) Any person solely involved in extensions of credit relating to timeshare plans, as that term is defined in 11 U.S.C. § 101(53D).

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