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#1968232 - 10/08/14 09:54 PM 5 Loan De Minimus Rule
Pat_M Offline
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Joined: Jan 2010
Posts: 3
South Dakota
5 Loan De Minimus Rule - Safe Act. It is my understanding that this rule went away, however I cannot find specific information on it. Can someone provide the regulation quote? Does Regulation Z override this now?

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#1968304 - 10/09/14 02:02 PM Re: 5 Loan De Minimus Rule Pat_M
John Burnett Offline
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John Burnett
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Posts: 40,086
Cape Cod
Remember there are two separate rules, and neither overrides the other. They overlap only because there will be significant numbers of loan originators (TILA and Regulation Z) who are also mortgage loan originators (SAFE Act and Regulation G), and because Regulation Z's section 1026.36(f) Loan Originator qualification and training requirements make certain cross-references to the SAFE Act and Regulation G.

The de minimis rule under Regulation G continues in place. There is no de minimis exception for Loan Originators under the section 1026.36 requirements of Regulation Z.
Last edited by John Burnett; 10/09/14 02:04 PM.
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#1968391 - 10/09/14 03:46 PM Re: 5 Loan De Minimus Rule Pat_M
Pat_M Offline
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Joined: Jan 2010
Posts: 3
South Dakota
So, according to Regulation Z if they are considered mortgage loan originators and taking a mortgage loan application then they must align with the requirements of the SAFE Act.

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#1968943 - 10/10/14 07:41 PM Re: 5 Loan De Minimus Rule Pat_M
John Burnett Offline
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John Burnett
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Posts: 40,086
Cape Cod
No. Regulation Z simply requires that if a loan originator under Reg Z fits the description of a mortgage loan originator under Reg G, he or she must be registered or licensed under the SAFE Act if required by Federal or state law to do so. Remember that the the definition of loan originator is generally more inclusive than the definition of a mortgage loan originator, so a lender is very likely to have loan originators on staff who don't have to register as mortgage loan originators under Reg G.

Then 1026.36(f) goes on to impose a training requirement for all loan originators who are not licensed mortgage loan originators under state law. For most banks, that means all loan originators, since any of its mortgage loan originators would be registered, not licensed.
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