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#2210260 - 04/03/19 03:45 PM NMLS Required?
ComplianceGuru89, CRCM Offline
Member
Joined: Sep 2015
Posts: 85
Do consumer mortgage debt collectors need to have an NMLS ID?

Reading through the statute, it states if an individual "services" residential mortgage loans, that a license is required. That would lead me to believe that our personnel in that department should have one correct? Since the loan was already originated, wouldn't the collection practice be deemed a servicing item? Our specialists talk with the borrowers, obtain the financial documentation, do the underwriting, and draft the memo which suggests the terms. The Manager of the department then reviews those terms and may suggest changes, and ultimately is the one that signs the mortgage and flood cert as a rep of the bank.

Do they all need NMLS? Just the specialists since they are doing most of the leg work?

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#2210267 - 04/03/19 04:22 PM Re: NMLS Required? ComplianceGuru89, CRCM
ComplianceGuru89, CRCM Offline
Member
Joined: Sep 2015
Posts: 85
Also, I am in Illinois, since that might impact any insight.

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#2210368 - 04/04/19 05:02 PM Re: NMLS Required? ComplianceGuru89, CRCM
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
The definition of a Mortgage Loan Originator from section .02 of the SAFE Act (Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations) is:

(b)(1) Mortgage loan originator 3
means an individual who:
(i) Takes a residential mortgage loan
application; and
(ii) Offers or negotiates terms of a
residential mortgage loan for
compensation or gain.

I searched the ACT and the term "if an individual services residential mortgage loans, that a license is required" did not have any hits nor did the term servicing residential mortgage loans.

Did the term you quote come from the SAFE Act or from an IL statute?
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The opinions expressed are mine and they are not to be taken as legal advice.

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