(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 70D-3-201

  • Depository institution: is a s defined in Section 7-1-103. See Utah Code 70D-1-102
  • loan originator: means an individual who for compensation or in the expectation of compensation:
              (12)(a)(i) takes a residential mortgage loan application; or
              (12)(a)(ii) offers or negotiates a term of a residential mortgage loan. See Utah Code 70D-3-102
  • Loan processor or underwriter: means an individual who as an employee performs clerical or support duties:
         (13)(a) at the direction of and subject to the supervision and instruction of:
              (13)(a)(i) a licensee; or
              (13)(a)(ii) a registered loan originator; and
         (13)(b) as an employee of:
              (13)(b)(i) the licensee; or
              (13)(b)(ii) a registered loan originator. See Utah Code 70D-3-102
  • Registered loan originator: means an individual who:
         (18)(a) engages in an act as a loan originator only as an employee of:
              (18)(a)(i) a depository institution;
              (18)(a)(ii) a covered subsidiary; or
              (18)(a)(iii) an institution regulated by the Farm Credit Administration; and
         (18)(b) is registered with, and maintains a unique identifier through, the nationwide database. See Utah Code 70D-3-102
     (1)(a) On or after January 1, 2011, except as provided in Subsection (2), an individual described in Subsection (1)(b) may not engage in the business of a loan originator unless that individual:

          (1)(a)(i) is licensed under this chapter; or
          (1)(a)(ii) is a registered loan originator.
     (1)(b) This Subsection (1) applies to an employee or agent of:

          (1)(b)(i) a depository institution;
          (1)(b)(ii) a subsidiary of a depository institution; or
          (1)(b)(iii) an affiliate of a depository institution.
(2) An individual described in Subsection (1)(b) may engage in the business of a loan originator without being licensed under this chapter or a registered loan originator when acting as a loan processor or underwriter.