Tex. Fin. Code Section 180.055
Issuance of License


(a)

The regulatory official may not issue a residential mortgage loan originator license to an individual unless the regulatory official determines, at a minimum, that the applicant:

(1)

has not had a residential mortgage loan originator license revoked in any governmental jurisdiction;

(2)

has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court:

(A)

during the seven-year period preceding the date of application; or

(B)

at any time preceding the date of application, if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering;

(3)

demonstrates financial responsibility, character, and general fitness so as to command the confidence of the community and to warrant a determination that the individual will operate honestly, fairly, and efficiently as a residential mortgage loan originator within the purposes of this chapter and any other appropriate regulatory law of this state;

(4)

provides satisfactory evidence that the applicant has completed prelicensing education courses described by Section 180.056 (Prelicensing Educational Courses);

(5)

provides satisfactory evidence of having passed a written test that meets the requirements of Section 180.057 (Testing Requirements); and

(6)

has paid a recovery fund fee or obtained a surety bond as required under the appropriate state regulatory law.

(b)

A revocation that has been formally vacated may not be considered a license revocation for purposes of Subsection (a)(1).

(c)

A conviction for which a full pardon has been granted may not be considered a conviction for purposes of Subsection (a)(2).

(d)

For purposes of Subsection (a)(3), an individual is considered not to be financially responsible if the individual has shown a lack of regard in managing the individual’s own financial affairs or condition. A determination that an individual has not shown financial responsibility may not be based on the individual’s default on a student loan but may include:

(1)

an outstanding judgment against the individual, other than a judgment imposed solely as a result of medical expenses;

(2)

an outstanding tax lien or other governmental liens and filings;

(3)

a foreclosure during the three-year period preceding the date of the license application; and

(4)

a pattern of seriously delinquent accounts, other than student loan accounts, during the three-year period preceding the date of the application.
Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 5, eff. June 7, 2019.

Source: Section 180.055 — Issuance of License, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­180.­htm#180.­055 (accessed May 4, 2024).

Accessed:
May 4, 2024

§ 180.055’s source at texas​.gov