§ 61-2c-201 Licensure required of person engaged in the business of residential mortgage loans
§ 61-2c-201.2 Temporary authorization to act as a mortgage loan originator
§ 61-2c-202 Licensure procedures
§ 61-2c-203 General qualifications for licensure
§ 61-2c-204.1 Education providers — Education requirements — Examination requirements
§ 61-2c-205 Term of licensure — Renewal — Reporting of changes
§ 61-2c-206 Lending manager licenses
§ 61-2c-209 Sponsorship — Affiliation
§ 61-2c-210 Surrender of license

Terms Used In Utah Code > Title 61 > Chapter 2c > Part 2 - Licensure

  • Affiliation: means that a mortgage loan originator is associated with a principal lending manager in accordance with Section 61-2c-209. See Utah Code 61-2c-102
  • Applicant: means a person applying for a license under this chapter. See Utah Code 61-2c-102
  • Approved examination provider: means a person approved by the nationwide database or by the division as an approved test provider. See Utah Code 61-2c-102
  • Associate lending manager: means an individual who:
    (i) qualifies under this chapter as a principal lending manager; and
    (ii) works by or on behalf of another principal lending manager in transacting the business of residential mortgage loans. See Utah Code 61-2c-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Branch lending manager: means an individual who is:
    (i) licensed as a lending manager; and
    (ii) designated in the nationwide database by the individual's sponsoring entity as being responsible to work from a branch office and to supervise the business of residential mortgage loans that is conducted at the branch office. See Utah Code 61-2c-102
  • Business of residential mortgage loans: means for compensation or in the expectation of compensation to:
    (A) engage in an act that makes an individual a mortgage loan originator;
    (B) make or originate a residential mortgage loan;
    (C) directly or indirectly solicit a residential mortgage loan for another;
    (D) unless exempt under Section 61-2c-105 or excluded under Subsection (1)(i)(ii), render services related to the origination of a residential mortgage loan including:
    (I) preparing a loan package;
    (II) communicating with the borrower or lender;
    (III) advising on a loan term;
    (IV) receiving, collecting, or distributing information common for the processing or underwriting of a loan in the mortgage industry; or
    (V) communicating with a consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan; or
    (E) engage in loan modification assistance. See Utah Code 61-2c-102
  • Certified education provider: means a person who is certified under Section 61-2c-204. See Utah Code 61-2c-102
  • Commission: means the Residential Mortgage Regulatory Commission created in Section 61-2c-104. See Utah Code 61-2c-102
  • Concurrence: means that entities given a concurring role must jointly agree for the action to be taken. See Utah Code 61-2c-102
  • Continuing education: means education an individual takes in order to meet the education requirements imposed by Sections 61-2c-204. See Utah Code 61-2c-102
  • Control person: means an individual identified by an entity registered with the nationwide database as being an individual directing the management or policies of the entity. See Utah Code 61-2c-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Depository institution: means the same as that term is defined in Section 7-1-103. See Utah Code 61-2c-102
  • Director: means the director of the division. See Utah Code 61-2c-102
  • Division: means the Division of Real Estate. See Utah Code 61-2c-102
  • Entity: means :
    (i) a corporation;
    (ii) a limited liability company;
    (iii) a partnership;
    (iv) a company;
    (v) an association;
    (vi) a joint venture;
    (vii) a business trust;
    (viii) a trust; or
    (ix) another organization. See Utah Code 61-2c-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 61-2c-102
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Federal licensing requirements: means Secure and Fair Enforcement for Mortgage Licensing, 12 U. See Utah Code 61-2c-102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Lending manager: means an individual licensed as a lending manager under Section 61-2c-206 to transact the business of residential mortgage loans. See Utah Code 61-2c-102
  • Licensee: means a person licensed with the division under this chapter. See Utah Code 61-2c-102
  • Licensing examination: means the examination required by Section 61-2c-204. See Utah Code 61-2c-102
  • 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
  • Mortgage loan originator: means an individual who, for compensation or in expectation of compensation:
    (A) 
    (I) takes a residential mortgage loan application;
    (II) offers or negotiates terms of a residential mortgage loan for the purpose of:
    (Aa) a purchase;
    (Bb) a refinance;
    (Cc) a loan modification assistance; or
    (Dd) a foreclosure rescue; or
    (III) directly or indirectly solicits a residential mortgage loan for another person; and
    (B) is licensed as a mortgage loan originator in accordance with this chapter. See Utah Code 61-2c-102
  • Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements. See Utah Code 61-2c-102
  • Person: means an individual or entity. See Utah Code 61-2c-102
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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 61-2c-204. See Utah Code 61-2c-102
  • Principal lending manager: means an individual:
    (i) licensed as a lending manager under Section 61-2c-206; and
    (ii) identified in the nationwide database by the individual's sponsoring entity as the entity's principal lending manager. See Utah Code 61-2c-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Record: means information that is:
    (i) prepared, owned, received, or retained by a person; and
    (ii) 
    (A) inscribed on a tangible medium; or
    (B) 
    (I) stored in an electronic or other medium; and
    (II) in a perceivable and reproducible form. See Utah Code 61-2c-102
  • Residential mortgage loan: means an extension of credit, if:
    (i) the loan or extension of credit is secured by a:
    (A) mortgage;
    (B) deed of trust; or
    (C) consensual security interest; and
    (ii) the mortgage, deed of trust, or consensual security interest described in Subsection (1)(oo)(i):
    (A) is on a dwelling located in the state; and
    (B) is created with the consent of the owner of the residential real property. See Utah Code 61-2c-102
  • Sponsorship: means an association in accordance with Section 61-2c-209 between an individual licensed under this chapter and an entity licensed under this chapter. See Utah Code 61-2c-102
  • State: means :
    (i) a state, territory, or possession of the United States;
    (ii) the District of Columbia; or
    (iii) the Commonwealth of Puerto Rico. See Utah Code 61-2c-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah-specific: means an educational requirement under this chapter that relates specifically to Utah. See Utah Code 61-2c-102