Tex. Fin. Code Section 157.012
License Required for Residential Mortgage Loan Originators


(a)

An individual may not act or attempt to act in the capacity of a residential mortgage loan originator unless the individual is exempt under Section 157.0121 (Exemptions from Residential Mortgage Loan Originator Requirements) or 180.003 (Exemption)(b), is acting under the temporary authority described under Section 180.0511 (Temporary Authority to Originate Loans), or:

(1)

is licensed under this chapter, sponsored by an appropriate entity, and enrolled with the Nationwide Mortgage Licensing System and Registry as required by Section 180.052 (Enrollment or Registration with Nationwide Mortgage Licensing System and Registry); and

(2)

complies with other applicable requirements of Chapter 180 (Residential Mortgage Loan Originators) and rules adopted by the finance commission under that chapter.

(b)

The finance commission may adopt rules under this chapter as required to carry out the intentions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. 110-289).

(c)

To be eligible to be licensed as a residential mortgage loan originator, the individual, in addition to meeting the requirements of Subsection (a), must:

(1)

satisfy the commissioner as to the individual’s honesty, trustworthiness, and integrity;

(2)

not be in violation of this chapter, Chapter 180 (Residential Mortgage Loan Originators), or any rules adopted under this chapter or Chapter 180 (Residential Mortgage Loan Originators);

(3)

provide the commissioner with satisfactory evidence that the individual meets the qualifications provided by Chapter 180 (Residential Mortgage Loan Originators); and

(4)

be a citizen of the United States or a lawfully admitted alien.

(d)

Repealed by Acts 2013, 83rd Leg., R.S., Ch. 160, Sec. 87(8), eff. September 1, 2013.

(e)

In this section, “appropriate entity” means an entity:

(1)

that is licensed or registered under this chapter or Chapter 156 (Residential Mortgage Loan Companies); and

(2)

for which the individual is acting as a residential mortgage loan originator.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 51, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 58, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 59, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 87(8), eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 21, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 695 (S.B. 2330), Sec. 1, eff. November 24, 2019.

Source: Section 157.012 — License Required for Residential Mortgage Loan Originators, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­157.­htm#157.­012 (accessed Jun. 5, 2024).

157.001
Short Title
157.002
Definitions
157.003
Registration Required
157.004
Exemptions
157.005
Update of Registration
157.006
Registration and Administration Fee
157.009
Termination of Registration
157.010
Reregistration
157.012
License Required for Residential Mortgage Loan Originators
157.013
Application for License
157.014
Issuance of Residential Mortgage Loan Originator License
157.015
Renewal of License
157.016
Reinstatement After Expiration of License
157.017
Denial of Applications and Renewals
157.019
Modification of License
157.020
Mortgage Call Report
157.0021
Disclosure Statement
157.021
Inspection
157.022
Issuance and Enforcement of Subpoena
157.0022
Complaints
157.0023
Rulemaking Authority
157.023
Administrative Penalty
157.024
Disciplinary Action
157.0024
Mortgage Industry Advisory Committee
157.025
Restitution
157.026
Hearings and Judicial Review
157.027
Civil Actions and Injunctive Relief
157.028
Burden of Proof to Establish an Exemption
157.029
Reliance on Written Notices from the Commissioner
157.030
Completion of Residential Mortgage Origination Services
157.031
Unlicensed Activity
157.032
Powers of Commissioner
157.0061
Renewal of Registration
157.0062
Reinstatement After Expiration of Registration
157.0121
Exemptions from Residential Mortgage Loan Originator Requirements
157.0131
Conviction of Offense
157.0132
Criminal and Other Background Checks
157.0141
Conditional License
157.0201
Recovery Fund
157.0211
Multi-state Examination Authority of Residential Mortgage Loan Servicer
157.0241
Revocation or Suspension of License for Payment from Recovery Fund
157.02012
Standard Forms
157.02013
Secondary Market Transactions
157.02014
Affiliated Business Arrangements
157.02015
Rulemaking Authority with Respect to Residential Mortgage Loan Originators
157.02016
Administration of Subchapter

Accessed:
Jun. 5, 2024

§ 157.012’s source at texas​.gov