Kentucky Statutes 286.8-020 – Exemptions
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(1) The following mortgage loan companies and mortgage loan brokers shall be subject to KRS § 286.8-046, 286.8-180, 286.8-220(1), and subsections (12), (13), and (14) of this section, but shall be exempt from all other provisions of this subtitle:
(a) Any person duly licensed, chartered, and otherwise subject to regular examination at least once every two (2) years by a state or federal financial institution regulatory agency under the laws of this state or any other state or the United States as a bank, bank holding company, trust company, credit union, savings and loan association, savings and loan association holding company, service corporation subsidiary of a savings and loan association, insurance company, real estate investment trust as defined in 26 U.S.C. sec.
856, an institution of the farm credit system organized under the Farm Credit Act of 1971 as amended, or any wholly owned subsidiary of any such person if the subsidiary is subject to regular examination at least once every two (2) years by a state or federal financial institution regulatory agency;
(b) Any natural person who makes a mortgage loan secured by a dwelling that served as the natural person’s residence, unless the natural person is compensated in connection with that transaction by a mortgage loan company, mortgage loan broker, or other mortgage loan originator, or by an agent of such company, broker, or other originator;
(c) Any natural person who makes a mortgage loan to an immediate family member of the natural person unless the natural person is compensated in connection with that transaction by a mortgage loan company, mortgage loan broker, or other mortgage loan originator, or by an agent of such company, broker, or other originator;
(d) Any person other than a natural person, including any affiliate of that person, that makes in the aggregate no more than four (4) mortgage loans within a calendar year with its own funds and secured by residential real property owned by the person making the mortgage loan, provided that the mortgage loan is made without the intent to resell the mortgage loan, and provided that the person does not hold itself out to the public as being primarily in the mortgage loan business;
(e) The United States of America; the Commonwealth of Kentucky; any other state, district, territory, commonwealth, or possession of the United States of America; any city, county, or other political subdivision; and any agency, division, or corporate instrumentality of any of the foregoing;
(f) The Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and the Government National Mortgage Association (GNMA);
(g) Any mortgage loan company or mortgage loan broker making or brokering a mortgage loan involving housing initially transferred by certificate of title under KRS Chapter 186A;
(h) A consumer loan or finance company or an industrial loan company licensed
under Subtitle 4 or 7 of this chapter whose primary business is originating consumer or industrial loans as provided under Subtitle 4 or 7 of this chapter or any wholly owned subsidiary of such a consumer loan or finance company or an industrial loan company, except that they shall be subject to the prohibited acts of KRS § 286.8-220(2)(e) and (f) and 286.8-110(4); and
(i) A nonprofit organization that is recognized as tax-exempt under 26 U.S.C. § 501(c)(3) and authorized to do business in this Commonwealth, and that has affordable housing as a primary purpose in its operations.
(2) The following shall be exempt from the licensing provisions of this subtitle and the examination provisions of KRS § 286.8-170 and KRS § 286.8-180, unless it appears on grounds satisfactory to the commissioner that an examination is necessary, but shall otherwise be subject to all other provisions of this subtitle:
(a) A mortgage loan company or mortgage loan broker approved and regulated by the United States Department of Housing and Urban Development to perform business in this Commonwealth; and
(b) Any branch of a mortgage loan company or mortgage loan broker listed in paragraph (a) of this subsection, provided the branch is approved and regulated by the United States Department of Housing and Urban Development to perform business in this Commonwealth.
(3) Any nonprofit organization, mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (1)(i) or (2)(a) or (b) of this section shall file with the commissioner a written application for a claim of exemption. The commissioner shall approve an application for an exemption that is timely filed and meets the requirements of this subtitle. The period of exemption shall be from January 1 through December 31, and the exemption shall expire on December 31 of the same calendar year. Every person granted an exemption under this section shall file a written application for a new exemption on an annual basis. The application shall be received by the commissioner on or before December 31 of the same calendar year. A written application for a partial-year exemption shall also expire on December 31 of the same calendar year that the written application for an exemption is granted.
(4) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section shall fund or broker a minimum of twelve (12) Federal Housing Administration-insured loans on Kentucky residential real properties each year in order to maintain its exemption.
(5) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section who ceases to be approved or regulated by the Department of Housing and Urban Development shall notify the commissioner, in writing, within ten (10) days after it ceases to be regulated by the United States Department of Housing and Urban Development.
(6) Any person listed in subsection (1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section shall not be required to file with the commissioner a claim of exemption.
(7) (a) Any natural person making a loan under subsection (10) of this section shall
make the following disclosure, on a separate sheet of paper in minimum eighteen (18) point type, to the borrower:
DISCLOSURE
(Name and address of lender) is not licensed or regulated by the Kentucky
Department of Financial Institutions.
(Name of lender) is making this mortgage loan with his or her own funds, for the person’s own investment, without intent to resell the mortgage loan.
(The phone number and address of the Kentucky Department of Financial
Institutions.)
(b) A copy of the disclosure, signed by the borrower, shall be maintained by the natural person for a period not to exceed three (3) years after the date the mortgage loan is paid in full.
(8) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section shall provide a list of funded or brokered Federal Housing Administration-insured loans from December 1 of the previous calendar year to November 30 of the current calendar year to the commissioner by December 31 of each year on a form prescribed by the commissioner.
(9) Any mortgage loan company, mortgage loan broker, or branch thereof applying for an exemption under subsection (2)(a) or (b) of this section shall not be approved for an exemption under subsection (2)(a) or (b) of this section unless the mortgage loan company, mortgage loan broker, or branch thereof has:
(a) Held a mortgage loan company or mortgage loan broker license or registration for five (5) consecutive years prior to the filing of the application for an exemption under this section with the commissioner; or
(b) Been approved and regulated by the United States Housing and Urban Development to conduct business in the mortgage lending process for five (5) consecutive years prior to the filing of the application for an exemption under this section with the commissioner.
(10) Any natural person not exempted in subsection (1)(b) or (c) of this section who makes a mortgage loan with his or her own funds for the person’s investment without the intent to resell the mortgage loan shall be exempt from the provisions of this subtitle except for the following:
(a) Examination provisions of KRS § 286.8-170 and KRS § 286.8-180 when it appears on grounds satisfactory to the commissioner that an examination is necessary;
(b) Disclosure requirements of subsection (7) of this section;
(c) Any investigation and enforcement provisions of this subtitle including KRS
286.8-170(7), and KRS § 286.8-046, 286.8-090, 286.8-190, and 286.8-990; (d) Prohibited acts under KRS § 286.8-125 and KRS § 286.8-220; and
(e) Registration and regulatory requirements of KRS § 286.8-255.
(11) No person shall hold both a claim of exemption and a license granted under this subtitle.
(12) Notwithstanding any provisions to the contrary set forth in this subtitle, every mortgage loan company and mortgage loan broker shall make available and grant access to the commissioner or an examiner of the commissioner the records in its possession or control that are subject to the provisions of this subtitle.
(13) Notwithstanding any provisions to the contrary set forth in this subtitle, no mortgage loan company or mortgage loan broker shall impede the commissioner or an examiner of the commissioner from interviewing any person regarding any potential violations of this subtitle.
(14) Notwithstanding any provisions to the contrary set forth in this subtitle, every mortgage loan company and mortgage loan broker that employs or utilizes the direct services of a mortgage loan originator subject to the registration and regulatory requirements of KRS § 286.8-255 shall complete and timely submit to the Nationwide Multistate Licensing System and Registry an annual report of condition, which shall be in such form and contain such information as the Nationwide Multistate Licensing System and Registry may require, along with any other information which may be required by the commissioner.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 125, sec. 14, effective July 14, 2022. — Amended
2012 Ky. Acts ch. 95, sec. 2, effective July 12, 2012. — Amended 2010 Ky. Acts ch.
24, sec. 763, effective July 15, 2010. — Amended 2009 Ky. Acts ch. 104, sec. 2, effective June 25, 2009. — Amended 2008 Ky. Acts ch. 175, sec. 5, effective April
24, 2008. — Amended 2006 Ky. Acts ch. 218, sec. 2, effective July 12, 2006. — Amended 2003 Ky. Acts ch. 64, sec. 2, effective June 24, 2003. — Amended 2001
Ky. Acts ch. 98, sec. 1, effective June 21, 2001. — Amended 1998 Ky. Acts ch. 197, sec. 2, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 165, sec. 23, effective July 15, 1994; and ch. 377, sec. 2, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 461, sec. 2, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 276, sec.
1, effective July 15, 1982. — Created 1980 Ky. Acts ch. 365, sec. 3, effective July 15,
1980.
Formerly codified as KRS § 294.020.
Legislative Research Commission Note (7/12/2006). This section was amended in
2006 Ky. Acts ch. 218. In that same session, 2006 Ky. Acts ch. 247, sec. 38, required that all sections of KRS Chapters 287, 288, 290, 291, 294, 366, 366A, and 368 be renumbered as sections of a single KRS chapter entitled the “Kentucky Financial Services Code.” Therefore, the Statute Reviser, acting under KRS § 7.136(1), has changed the number of this section and codified it as a section of KRS Chapter 286. In addition, KRS references have been adjusted to conform with the renumbering.
(a) Any person duly licensed, chartered, and otherwise subject to regular examination at least once every two (2) years by a state or federal financial institution regulatory agency under the laws of this state or any other state or the United States as a bank, bank holding company, trust company, credit union, savings and loan association, savings and loan association holding company, service corporation subsidiary of a savings and loan association, insurance company, real estate investment trust as defined in 26 U.S.C. sec.
Terms Used In Kentucky Statutes 286.8-020
- Affiliate: means any person who directly or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with another person. See Kentucky Statutes 286.8-010
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Borrower: means any person that seeks, applies for, or obtains a mortgage loan. See Kentucky Statutes 286.8-010
- City: includes town. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Financial
Institutions. See Kentucky Statutes 286.1-010 - Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Control: means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. See Kentucky Statutes 286.8-010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Department: means the Department of Financial Institutions. See Kentucky Statutes 286.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on residential real property or any loan primarily for personal, family, or household use that is secured by collateral that has a mortgage lien interest in residential real property. See Kentucky Statutes 286.8-010
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgage loan broker: means any person who for compensation or gain, or in the expectation of compensation or other gain, received directly or indirectly, serves as an agent for any borrower in an attempt to obtain a mortgage loan, or holds oneself out as being able to do so. See Kentucky Statutes 286.8-010
- Mortgage loan company: means any person who directly or indirectly:
(a) Makes, purchases, or sells mortgage loans, or holds oneself out as being able to do so. See Kentucky Statutes 286.8-010 - Mortgage loan originator: means a natural person who:
(a) 1. See Kentucky Statutes 286.8-010 - Person: means a natural person, or any type or form of corporation, company, partnership, proprietorship, association, or other legal entity. See Kentucky Statutes 286.1-010
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Wholly owned subsidiary: means a subsidiary that is entirely owned or controlled by another person. See Kentucky Statutes 286.8-010
- Year: means calendar year. See Kentucky Statutes 446.010
856, an institution of the farm credit system organized under the Farm Credit Act of 1971 as amended, or any wholly owned subsidiary of any such person if the subsidiary is subject to regular examination at least once every two (2) years by a state or federal financial institution regulatory agency;
(b) Any natural person who makes a mortgage loan secured by a dwelling that served as the natural person’s residence, unless the natural person is compensated in connection with that transaction by a mortgage loan company, mortgage loan broker, or other mortgage loan originator, or by an agent of such company, broker, or other originator;
(c) Any natural person who makes a mortgage loan to an immediate family member of the natural person unless the natural person is compensated in connection with that transaction by a mortgage loan company, mortgage loan broker, or other mortgage loan originator, or by an agent of such company, broker, or other originator;
(d) Any person other than a natural person, including any affiliate of that person, that makes in the aggregate no more than four (4) mortgage loans within a calendar year with its own funds and secured by residential real property owned by the person making the mortgage loan, provided that the mortgage loan is made without the intent to resell the mortgage loan, and provided that the person does not hold itself out to the public as being primarily in the mortgage loan business;
(e) The United States of America; the Commonwealth of Kentucky; any other state, district, territory, commonwealth, or possession of the United States of America; any city, county, or other political subdivision; and any agency, division, or corporate instrumentality of any of the foregoing;
(f) The Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), and the Government National Mortgage Association (GNMA);
(g) Any mortgage loan company or mortgage loan broker making or brokering a mortgage loan involving housing initially transferred by certificate of title under KRS Chapter 186A;
(h) A consumer loan or finance company or an industrial loan company licensed
under Subtitle 4 or 7 of this chapter whose primary business is originating consumer or industrial loans as provided under Subtitle 4 or 7 of this chapter or any wholly owned subsidiary of such a consumer loan or finance company or an industrial loan company, except that they shall be subject to the prohibited acts of KRS § 286.8-220(2)(e) and (f) and 286.8-110(4); and
(i) A nonprofit organization that is recognized as tax-exempt under 26 U.S.C. § 501(c)(3) and authorized to do business in this Commonwealth, and that has affordable housing as a primary purpose in its operations.
(2) The following shall be exempt from the licensing provisions of this subtitle and the examination provisions of KRS § 286.8-170 and KRS § 286.8-180, unless it appears on grounds satisfactory to the commissioner that an examination is necessary, but shall otherwise be subject to all other provisions of this subtitle:
(a) A mortgage loan company or mortgage loan broker approved and regulated by the United States Department of Housing and Urban Development to perform business in this Commonwealth; and
(b) Any branch of a mortgage loan company or mortgage loan broker listed in paragraph (a) of this subsection, provided the branch is approved and regulated by the United States Department of Housing and Urban Development to perform business in this Commonwealth.
(3) Any nonprofit organization, mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (1)(i) or (2)(a) or (b) of this section shall file with the commissioner a written application for a claim of exemption. The commissioner shall approve an application for an exemption that is timely filed and meets the requirements of this subtitle. The period of exemption shall be from January 1 through December 31, and the exemption shall expire on December 31 of the same calendar year. Every person granted an exemption under this section shall file a written application for a new exemption on an annual basis. The application shall be received by the commissioner on or before December 31 of the same calendar year. A written application for a partial-year exemption shall also expire on December 31 of the same calendar year that the written application for an exemption is granted.
(4) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section shall fund or broker a minimum of twelve (12) Federal Housing Administration-insured loans on Kentucky residential real properties each year in order to maintain its exemption.
(5) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section who ceases to be approved or regulated by the Department of Housing and Urban Development shall notify the commissioner, in writing, within ten (10) days after it ceases to be regulated by the United States Department of Housing and Urban Development.
(6) Any person listed in subsection (1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section shall not be required to file with the commissioner a claim of exemption.
(7) (a) Any natural person making a loan under subsection (10) of this section shall
make the following disclosure, on a separate sheet of paper in minimum eighteen (18) point type, to the borrower:
DISCLOSURE
(Name and address of lender) is not licensed or regulated by the Kentucky
Department of Financial Institutions.
(Name of lender) is making this mortgage loan with his or her own funds, for the person’s own investment, without intent to resell the mortgage loan.
(The phone number and address of the Kentucky Department of Financial
Institutions.)
(b) A copy of the disclosure, signed by the borrower, shall be maintained by the natural person for a period not to exceed three (3) years after the date the mortgage loan is paid in full.
(8) Any mortgage loan company, mortgage loan broker, or branch thereof relying upon an exemption under subsection (2)(a) or (b) of this section shall provide a list of funded or brokered Federal Housing Administration-insured loans from December 1 of the previous calendar year to November 30 of the current calendar year to the commissioner by December 31 of each year on a form prescribed by the commissioner.
(9) Any mortgage loan company, mortgage loan broker, or branch thereof applying for an exemption under subsection (2)(a) or (b) of this section shall not be approved for an exemption under subsection (2)(a) or (b) of this section unless the mortgage loan company, mortgage loan broker, or branch thereof has:
(a) Held a mortgage loan company or mortgage loan broker license or registration for five (5) consecutive years prior to the filing of the application for an exemption under this section with the commissioner; or
(b) Been approved and regulated by the United States Housing and Urban Development to conduct business in the mortgage lending process for five (5) consecutive years prior to the filing of the application for an exemption under this section with the commissioner.
(10) Any natural person not exempted in subsection (1)(b) or (c) of this section who makes a mortgage loan with his or her own funds for the person’s investment without the intent to resell the mortgage loan shall be exempt from the provisions of this subtitle except for the following:
(a) Examination provisions of KRS § 286.8-170 and KRS § 286.8-180 when it appears on grounds satisfactory to the commissioner that an examination is necessary;
(b) Disclosure requirements of subsection (7) of this section;
(c) Any investigation and enforcement provisions of this subtitle including KRS
286.8-170(7), and KRS § 286.8-046, 286.8-090, 286.8-190, and 286.8-990; (d) Prohibited acts under KRS § 286.8-125 and KRS § 286.8-220; and
(e) Registration and regulatory requirements of KRS § 286.8-255.
(11) No person shall hold both a claim of exemption and a license granted under this subtitle.
(12) Notwithstanding any provisions to the contrary set forth in this subtitle, every mortgage loan company and mortgage loan broker shall make available and grant access to the commissioner or an examiner of the commissioner the records in its possession or control that are subject to the provisions of this subtitle.
(13) Notwithstanding any provisions to the contrary set forth in this subtitle, no mortgage loan company or mortgage loan broker shall impede the commissioner or an examiner of the commissioner from interviewing any person regarding any potential violations of this subtitle.
(14) Notwithstanding any provisions to the contrary set forth in this subtitle, every mortgage loan company and mortgage loan broker that employs or utilizes the direct services of a mortgage loan originator subject to the registration and regulatory requirements of KRS § 286.8-255 shall complete and timely submit to the Nationwide Multistate Licensing System and Registry an annual report of condition, which shall be in such form and contain such information as the Nationwide Multistate Licensing System and Registry may require, along with any other information which may be required by the commissioner.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 125, sec. 14, effective July 14, 2022. — Amended
2012 Ky. Acts ch. 95, sec. 2, effective July 12, 2012. — Amended 2010 Ky. Acts ch.
24, sec. 763, effective July 15, 2010. — Amended 2009 Ky. Acts ch. 104, sec. 2, effective June 25, 2009. — Amended 2008 Ky. Acts ch. 175, sec. 5, effective April
24, 2008. — Amended 2006 Ky. Acts ch. 218, sec. 2, effective July 12, 2006. — Amended 2003 Ky. Acts ch. 64, sec. 2, effective June 24, 2003. — Amended 2001
Ky. Acts ch. 98, sec. 1, effective June 21, 2001. — Amended 1998 Ky. Acts ch. 197, sec. 2, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 165, sec. 23, effective July 15, 1994; and ch. 377, sec. 2, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 461, sec. 2, effective July 15, 1986. — Amended 1982 Ky. Acts ch. 276, sec.
1, effective July 15, 1982. — Created 1980 Ky. Acts ch. 365, sec. 3, effective July 15,
1980.
Formerly codified as KRS § 294.020.
Legislative Research Commission Note (7/12/2006). This section was amended in
2006 Ky. Acts ch. 218. In that same session, 2006 Ky. Acts ch. 247, sec. 38, required that all sections of KRS Chapters 287, 288, 290, 291, 294, 366, 366A, and 368 be renumbered as sections of a single KRS chapter entitled the “Kentucky Financial Services Code.” Therefore, the Statute Reviser, acting under KRS § 7.136(1), has changed the number of this section and codified it as a section of KRS Chapter 286. In addition, KRS references have been adjusted to conform with the renumbering.