To qualify for a license under this chapter an individual shall comply with all of the following, the individual:

(1) shall comply with 12 U.S.C. § 5104 to register with and maintain a unique identifier through the nationwide database;

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Terms Used In Utah Code 70D-3-202

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Secure and Fair Enforcement for Mortgage Licensing, Utah Code 70D-3-102
  • Prelicensing education: means education taken by an individual seeking to be licensed under this chapter in order to meet the education requirements imposed by Section 70D-3-301 for an individual to obtain a license under this chapter. See Utah Code 70D-3-102
  • Unique identifier: is a s defined in Utah Code 70D-3-102
(2) may not have had a loan originator license revoked in a governmental jurisdiction;
(3) may not have been convicted of, or pled guilty or no contest to, a felony:

     (3)(a) during the seven years preceding the day on which the individual files an application; or
     (3)(b) at any time, if the felony involves an act of:

          (3)(b)(i) fraud;
          (3)(b)(ii) dishonesty;
          (3)(b)(iii) breach of trust; or
          (3)(b)(iv) money laundering;
(4) shall demonstrate financial responsibility, character, and general fitness such as to:

     (4)(a) command the confidence of the community; and
     (4)(b) warrant a determination that the individual will operate as a loan originator honestly, fairly, and efficiently within the purposes of this chapter;
(5) shall be covered by a surety bond posted in accordance with Section 70D-3-205;
(6) shall complete the prelicensing education required by Section 70D-3-301; and
(7) shall pass the written examination required by Section 70D-3-302.