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State Banking Requirements

The mortgage industry is regulated by State Banking and Finance Agencies throughout the United States. Most of these states require mortgage originators to be licensed. As a mortgage originator, you need to be aware of state regulations that apply to your mortgage business.

Regulatory Counsel Group, Inc., has the knowledge and experience to guide you through the complex regulatory environment to secure licensing for your business. RCG acts as a liaison between the Banking Commissions and your company to facilitate the detail and time consuming process of license approval.

The chart below is a matrix of the State Banking Commission requirements for licensure. This snapshot can enable you to determine your business strategy.

STATE
REGULATOR (linked to Web site, where available)
CONSUMER HOTLINE
NUMBER OF LICENSED BROKERS
SELECTED REQUIREMENTS
Alabama
State Banking Department
1-334-242-3452
Alabama issues a consumer credit license, but does not specifically regulate mortgage brokers.
No specific educational or experience requirements.
Alaska
Dept. of Commerce and Economic Development, Division of Banking, Securities and Corporation
1-907-465-2521
None. Alaska licenses small loan companies, but not individual mortgage brokers.
No specific education or experience requirements.
Arizona
State Banking Department
1-602-255-4421 ext. 118
Approximately 627 mortgage brokers.
Required to maintain a surety for $10,000 to $15,000. Must have three years of experience in lending and pass a written exam.
Arkansas
Securities Department
1-501-324-9260
Approximately 222 licensed mortgage loan brokers and companies; plus about 540 more that have filed proof that they're exempt from licensing.
Required to maintain a net worth of $25,000. No specific education or experience required.
California
Department f Real Estate; Department of Corporations
1-916-227-0782;
1-213-736-2741

300,000 real estate brokers who may engage in mortgage broker activities; 191 mortgage lenders.

Licensees aren't subject to specific financial requirements; brokers and lenders must each meet educational requirements and pass exams. You may check the license and disciplinary status of individual real estate brokers through the state's online database.

Colorado
Department of Law, Uniform Consumer Credit Code Unit
1-303-866-4494
Not available
No specific education or experience requirements.
Connecticut
Consumer Credit Division
1-860-240-8299
Approximately 1,436 licensed first mortgage lenders/brokers.
Required to maintain a surety bond for $40,000. No specific education or experience requirements.
Delaware
Office of the State Bank Commissioner
1-302-739-4235
Approximately 569 brokers.
Mortgage brokers must maintain a bond of $25,000. No specific education or experience requirements.
District of Columbia
Office of Banking and Financial Institution
1-202-727-1563
Not available
Began licensing mortgage brokers in 1997. Brokers are required to maintain a surety bond ranging from $12,500 to $50,000. No specific education or experience requirements.
Florida
Office of the Comptroller, Department of Banking and Finance
1-850-410-9895
Approximately 20,000 mortgage brokers.
State issues four types of mortgage broker/lender licenses; mortgage broker is by far the most common. Mortgage brokers are not subject to any specific financial requirements. Applicants for a broker's license must pass a written test.
Georgia
Department of Banking and Finance
1-770-986-2812
Approximately 2,750 mortgage brokers or lenders are licensed or registered.
Mortgage brokers are required to maintain a net worth of $25,000 or surety bond for $50,000. No specific education or experience requirements.
Hawaii
Department of Commerce and Consumer Affairs
1-808-587-3222
Not available
Maintain a surety bond for $50,000. Mortgage brokers have no specific education or experience requirements; designated principal mortgage solicitors must have two years experience.
Idaho
Department Of Finance
1-208-332-8004
Approximately 391 licensed mortgage brokers and 663 licensed mortgage lenders.
A surety bond for $10,000 for home office and additional $10,000 for each office outside of Idaho. Applicants for mortgage banker/broker license must have three years experience inresidential mortgage lending.
Illinois
Office of Banks and Real Estate
1-312-793-3000
Approximately 1,000 brokers.
Mortgage brokers must maintain a fidelity bond for $100,000 and surety bond for $20,000. Licensees must pass a test or have three years experience in real estate financing.
Indiana

Secretary of State, Securities Division

Department of Financial Institutions

1-317-232-6684 (first mortgages)

1-317-232-3955 (second mortgages)

Not available
Registered loan brokers are required to post a $25,000 bond. No specific education or experience requirements. The state makes available an online complaint form.
Iowa
Division of Banking
1-515-281-4014
Approximately 415 mortgage brokers and lenders.
Must maintain a surety bond for $15,000. No specific education or experience requirements.
Kansas
Office of the State Bank Commissioner
1-785-296-2266
Approximately 400 licensed mortgage brokers.
Mortgage brokers are not required to meet any specific requirements.
Kentucky
Department of Financial Institutions
1-502-573-3390
Approximately 180 licensed mortgage loan brokers, 160 licensed mortgage loan companies.
Must maintain a surety bond for $50,000. Applicants for a mortgage loan broker license must complete a 30-hour training course.
Louisiana
Office of Financial Institutions
1-225-925-4660
Approximately 259 licensed loan brokers.
Must maintain a surety bond for $25,000. No specific education or experience requirements.
Maine
Office of Consumer Credit Regulation
1-207-624-8527
Approximately 350 brokers.
Registered credit services organizations, which include loan brokers, must maintain a bond in the amount of $10,000. No specific education or experience requirements.
Maryland
Division of Financial Regulations
(410)333-6830
Approximately 1,843 mortgage brokers and lenders.
Mortgage lenders are required to maintain a surety bond ranging from $15,000 to $75,000. Mortgage lenders must have three years experience.
Massachusetts
Division of Banks, Consumer Compliance Unit
1-617-956-1500, ext. 501
Approximately 434 mortgage brokers.
Mortgage brokers must demonstrate financial responsibility but aren't required any specific requirements. Brokers must show a year's experience in the field; related course work can trim the experience requirement.
Michigan
Financial Institutions Bureau
1-517-73-3460
Approximately 1,380 licensed mortgage brokers, lenders and servicers.
Mortgage brokers are required to maintain a net worth of $25,000 and a bond for $25,000. No specific education or experience requirements.
Minnesota
Department of Commerce
1-651-296-2488
Not available
As of Aug. 1, 1999, the state created two new licenses -- "residential mortgage originators" and "residential mortgage servicers."
Mississippi

Department of Banking and Consumer Finance

1-601-359-1350

Mississippi doesn't license mortgage brokers. Through its Consumer Loan Broker Act, it does impose some modest regulation.
Brokers are not required to meet any specific regulations.
Missouri
Division of Finance
1-573-751-3242
Approximately 436 mortgage brokers.
Mortgage brokers are required to maintain a net worth of $25,000 and a surety bond for $20,000. No specific educational or experience requirements.
Montana
Department of Commerce, Division of Banking and Financial Institutions
1-(406)444-2091
Not available
Lenders for first mortgages are not required to obtain a license; nor are they subject to any financial, educational or experience requirements.
Nebraska
Department of Banking and Finance
1-402-471-2171
Approximately 326 licensed mortgage lenders.
No specific educational or experience requirements.
Nevada
Department of Business and Industry, Financial Institutions Division
1-702-687-4259
Not available
No financial requirements; applicants for a mortgage company license must employ someone with accounting and at least two years mortgage-lending experience.
New Hampshire
Banking Department
1-603-271-3561
Approximately 300 mortgage brokers.
First-mortgage brokers must maintain a surety bond for $20,000. No specific educational or experience requirements.
New Jersey
Department of Banking and Insurance
1-609-984-2777
Approximately 1,600 mortgage brokers.
Brokers are required to have a net worth of $50,000 and a bond for $50,000.
New Mexico
Regulations and Licensing Department, Financial Institutions Division
1-505-827-7100
Approximately 800 mortgage loan companies and brokers.
Must maintain a $25,000 surety bond. No specific educational or experience requirements.
New York
Banking Department
1-212-618-6681
Approximately 1,700 first-mortgage brokers.
Mortgage brokers may be asked to post a $25,000 bond. No specific educational or experience requirements.
North Carolina
Office of the Commissioner of Banks
1-919-733-3016
Approximately 579 mortgage brokers.
Must maintain a $25,000 surety bond. No specific educational or experience requirements.
North Dakota
Department Of Banking and Financial Institutions
1-701-328-9935
Approximately 165 mortgage lenders and brokers.
Must maintain a surety bond for $25,000. No specific educational or experience requirements.
Ohio
Department Of Commerce, Division of Financial Institutions
1-614-644-9574
Approximately 918 mortgage brokers.
Mortgage brokers must maintain a net worth of $25,000 and have an associate's degree in finance, banking or business administration; or three years experience in financial services.
Oklahoma
Department of Consumer Credit
1-800-448-4904
Approximately 213 loan brokers.
Brokers must have two years continuous experience in the residential mortgage loan industry, real estate sales or lending industry. Also, they must have a trust account in a federally insured bank in Oklahoma.
Oregon
Department of Consumer and Business Services, Division of Finance and Corporate Securities
1-503-378-4140
Approximately 1,500 mortgage lenders.
Licensed mortgage brokers required to maintain a surety bond for $10,000
Pennsylvania
Department of Banking
1-717-787-1854
Approximately 1,361 first-mortgage brokers and 733 secondary-mortgage brokers.
First-mortgage brokers must maintain a bond for $100,000. No specific educational or experience requirements.
Puerto Rico
Office of the Commissioner of Financial Institutions
1-787-723-3131,ext. 2341
Approximately 178 licensed mortgage institutions and intermediaries.
Mortgage brokers must have five years experience in the industry, or a college degree and two years experience.
Rhode Island
Department of Business Regulations, Division of Banking
1-401-222-2405
Approximately 800 licensed loan brokers and lenders.
Licensed brokers must have a net worth of $10,000 and post a $10,000 bond, plus $5,000 for each additional office. No specific educational or experience requirements.
South Carolina
Department of Consumer Affairs
1-803-734-9452, ext. 134. The department will accept faxed requests only to 1-803-736-9365
Approximately 320 mortgage loan brokers.
Must maintain a surety bond for $10,000. To obtain a license, brokers must have worked for two years as a loan originator, or one year of experience if educational standards are met. Eight hours of continuing education each year required.
South Dakota
Division of Banking
1-605-773-3421
Not available
No minimum financial requirements, no specific educational or experience requirements.
Tennessee
Department of Financial Institutions
1-615-741-8186
Approximately 1,069 mortgage companies.
Mortgage lenders and loan brokers must maintain a net worth of $25,000 and a surety bond for $25,000. No specific educational or experience requirements.
Texas
Savings and Loan Department
1-512-475-1350
None
Mortgage brokers are not required to be licensed until Jan. 1, 2000
Utah
Department of Financial Institutions
1-801-538-8830
Approximately 2,000 residential mortgage brokers, lenders and servicers.
No minimum financial requirements, no specific educational or experience requirements.
Vermont
Department of Banking, Insurance, Securities & Health Care Admin.
1-802-828-3307
Approximately 400 mortgage brokers and lenders.
Brokers must maintain a bond for $10,000. No specific educational or experience requirements.
Virginia
State Corporation Commission, Bureau of Financial Institutions
1-804-371-9657
or 1-800-552-7945
Approximately 820 mortgage brokers and lenders.
Brokers must maintain a surety bond for $5,000. Some experience in mortgage banking is required.
Washington
Department of Financial Institutions, Division of Consumer Services
1-360-902-8703
Not available
Mortgage brokers must maintain a surety bond for $20,000 to $60,000. Applicants must pass an exam or demonstrate two years experience in the field. Licensees must fulfill yearly continuing education requirements.
West Virginia
Division of Banking
1-304-558-2294
Approximately 110 licensed secondary mortgage lenders and brokers.
Must maintain a net worth of $10,000 and a bond for $25,000. No specific educational or experience requirements.
Wisconsin
Department of Financial Institutions
1-608-267-3332
Approximately 5,161 loan solicitors and 5,118 loan originators.
Loan companies must maintain a net worth of $50,000, but no specific financial, educational or experience requirements are applied to individuals.
Wyoming
Division of Banking
1-307-777-7797
Not available; Wyoming does not regulate first mortgage lenders except under extraordinary conditions -- such as when they issue a mortgage with an interest rate of greater than 18%.
No minimum financial requirements, no specific educational or experience requirements.
 

 
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