SAFE Act Summary

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The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (“SAFE Act”), was passed on July 30, 2008. The new federal law gave states one year to pass legislation requiring the licensure of mortgage loan originators according to national standards and the participation of state agencies on the Nationwide Mortgage Licensing System and Registry (NMLS). The SAFE Act is designed to enhance consumer protection and reduce fraud through the setting of minimum standards for the licensing and registration of state-licensed mortgage loan. Mortgage loan originators who work for an insured depository or its owned or controlled subsidiary that is regulated by a federal banking agency, or for an institution regulated by the Farm Credit Administration,…show more content…
Act). Under the S.A.F.E. Act residential mortgage loan officers at banks, credit unions, and other federally regulated financial institutions are now required to register their names and fingerprints with a national database. Six federal agencies including the Office of the Comptroller of the Currency (OCC), Federal Reserve, FDIC, Office of Thrift Supervision (OTS), Farm Credit Administration (FCA), and National Credit Union Administration (NCUA) approved new rules that say all mortgage originators who are employees of both state and federally regulated lenders must meet the requirements of the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act). The collapse of the nation’s housing market brought to light a number of shady practices in poorly regulated corners of the business, such as work performed by unlicensed professionals and lenders/brokers simply jumping state borders undetected if they were banned in one jurisdiction, only to continue their operations in another state. The S.A.F.E. Act was enacted to protect consumers from such practices and clean up some of the so-called crooked aspects of the lending business that helped fuel the housing…show more content…
The final rule clarifies that an individual engages in the business of a loan originator if the individual, in a commercial context and habitually or repeatedly. The law exempts those who only perform real estate brokerage activities unless compensated by a lender, mortgage broker, or other loan originator (or their agent). Unless brokers/agents engage in the business of a loan originator, they do not have to be licensed as loan

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