Florida Regulations 69V-40.175: Mortgage Brokerage Files
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(1) Each mortgage broker shall maintain a file for each mortgage broker transaction. The files shall be maintained in a central location and in an alphabetical or numerical sequence.
(2) Each file shall contain at least the following:
(a) Copy of signed closing statement or documentation of denial or cancellation of the mortgage loan application; and,
(b) A copy of the good faith estimate of costs.
(3) Supporting documentation shall be maintained for all expenses or fees paid by the licensee on behalf of the client indicating the amount and the date paid. A canceled check maintained in a separate file shall be considered proof of payment of fees and expenses.
(4) If the mortgage broker issues to the client a written commitment for the loan on behalf of the lender then the following must be maintained in the file:
(a) A copy of the written commitment issued by the mortgage broker; and,
(b) A copy of the written commitment provided by the lender.
(5) If the mortgage broker issues to the client a written lock-in for the loan on behalf of the lender then the following must be maintained in the file:
(a) A copy of the written lock-in issued by the mortgage broker; and,
(b) A copy of the written lock-in provided by the lender.
(6) If the mortgage broker receives a mortgage loan application, then the mortgage broker shall maintain a copy in the file.
(7) If the loan is funded by a noninstitutional investor then the file must also include the following:
(a)1. A copy of the appraisal or opinion of value of the mortgage property and a signed and dated acknowledgment by the noninstitutional investor of receipt of the appraisal or opinion of value; or
2. A copy of a waiver of the appraisal dated and executed by the noninstitutional investor.
(b)1. A receipt acknowledging that the noninstitutional investor has been furnished with title insurance or a legal opinion of title; or
2. A written waiver thereof.
(c) On a junior mortgage, documentation that the noninstitutional lender has been furnished with a statement showing the balance owed and status of the liens that will be superior to the lien being funded by the noninstitutional investor.
(d) A signed and dated acknowledgment by the noninstitutional investor of receipt of the recorded mortgage or other instrument securing a note or assignment.
(e) If applicable, documentation that said licensee has disclosed that it is acting (directly or indirectly) as a borrower or principal in that transaction.
(8) In addition to the foregoing specific documentation, all documentation originated, received, or related to the mortgage loan from the application through the final disposition must be maintained for three (3) years from the date of the original entry. “”Original entry”” means the date the documentation was originated by the mortgage broker or received by the mortgage broker. For each broker transaction, files and documentation shall be maintained and remain complete for three (3) years from the date of “”original entry”” of the last document in the file.
Rulemaking Authority Florida Statutes § 494.0016(4). Law Implemented 494.0016, 494.00255 FS. History-New 2-16-92, Amended 7-25-96, 8-7-97, 1-16-03, Formerly 3D-40.175, Amended 10-1-10, 11-9-15.
Terms Used In Florida Regulations 69V-40.175
- Appraisal: A determination of property value.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
(a) Copy of signed closing statement or documentation of denial or cancellation of the mortgage loan application; and,
(b) A copy of the good faith estimate of costs.
(3) Supporting documentation shall be maintained for all expenses or fees paid by the licensee on behalf of the client indicating the amount and the date paid. A canceled check maintained in a separate file shall be considered proof of payment of fees and expenses.
(4) If the mortgage broker issues to the client a written commitment for the loan on behalf of the lender then the following must be maintained in the file:
(a) A copy of the written commitment issued by the mortgage broker; and,
(b) A copy of the written commitment provided by the lender.
(5) If the mortgage broker issues to the client a written lock-in for the loan on behalf of the lender then the following must be maintained in the file:
(a) A copy of the written lock-in issued by the mortgage broker; and,
(b) A copy of the written lock-in provided by the lender.
(6) If the mortgage broker receives a mortgage loan application, then the mortgage broker shall maintain a copy in the file.
(7) If the loan is funded by a noninstitutional investor then the file must also include the following:
(a)1. A copy of the appraisal or opinion of value of the mortgage property and a signed and dated acknowledgment by the noninstitutional investor of receipt of the appraisal or opinion of value; or
2. A copy of a waiver of the appraisal dated and executed by the noninstitutional investor.
(b)1. A receipt acknowledging that the noninstitutional investor has been furnished with title insurance or a legal opinion of title; or
2. A written waiver thereof.
(c) On a junior mortgage, documentation that the noninstitutional lender has been furnished with a statement showing the balance owed and status of the liens that will be superior to the lien being funded by the noninstitutional investor.
(d) A signed and dated acknowledgment by the noninstitutional investor of receipt of the recorded mortgage or other instrument securing a note or assignment.
(e) If applicable, documentation that said licensee has disclosed that it is acting (directly or indirectly) as a borrower or principal in that transaction.
(8) In addition to the foregoing specific documentation, all documentation originated, received, or related to the mortgage loan from the application through the final disposition must be maintained for three (3) years from the date of the original entry. “”Original entry”” means the date the documentation was originated by the mortgage broker or received by the mortgage broker. For each broker transaction, files and documentation shall be maintained and remain complete for three (3) years from the date of “”original entry”” of the last document in the file.
Rulemaking Authority Florida Statutes § 494.0016(4). Law Implemented 494.0016, 494.00255 FS. History-New 2-16-92, Amended 7-25-96, 8-7-97, 1-16-03, Formerly 3D-40.175, Amended 10-1-10, 11-9-15.