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  Issue XVIIIJuly 2010 
In This Issue
Mortgage Loan Originators "Approved Deficient" Your Requirements Are Now Due Before September 30, 2010
Listing of Requirements Due Before September 30, 2010 for MLOs Who Were "Approved Deficient"
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31st deadline
NEW DEADLINE FOR "APPROVED DEFICIENT" LICENSEES
(Deadline Changed From July 31st to September 30th)

The Office of the Commissioner of Financial Regulation ("Agency") is continuing to work with the Nationwide Mortgage Licensing System (NMLS) and the mortgage industry to facilitate the ongoing licensing transition.  As part of this transition, those licensees who were previously exempt from licensing, and applied for an interim license by July 31, 2009, were designated "Approved deficient" and were provided until July 31, 2010 to complete the requirements below.  
 
It has come to the Agency's attention that the process of completing these requirements has been delayed for several reasons, some of which are outside of the control of the Agency, NMLS and/or the licensee.  These include delays in processing Maryland criminal background checks which must be completed through the Criminal Justice Information Systems (CJIS) Central Repository rather than NMLS.  Likewise, explanations for derogatory credit information must be provided to the Agency (note that this is the responsibility of the applicant to provide).  
 
To facilitate the transition, the Agency will allow until September 30, 2010 rather than July 31, 2010 for completion of all requirementsDuring this 60 day grace period, it is your responsibility to ensure that all outstanding deficiencies are resolved.
 
Please be advised that no additional grace period will be offered at the expiration of this 60 day window.  Any outstanding deficiencies as of September 30th will result in your license being placed in an "Inactive" status and you will NOT be able to conduct ANY Maryland mortgage business.
 
SEE BELOW TO REVIEW THE REQUIREMENTS FOR MLO LICENSEES WHO WERE "APPROVED DEFICIENT."  (Also see the Maryland Mortgage Licensing Update #15 for additional details).
requirement1REQUIREMENTS DUE BEFORE SEPTEMBER 30, 2010 FOR MLOs WHO WERE "APPROVED DEFICIENT"checklist
 
I.  Pre-Licensing Education ("PE")

Option 1 - Completion of SAFE (The Secure and Fair Enforcement  for Mortgage Licensing Act of 2008) NMLS-approved PE
  
  • A list of SAFE NMLS-approved courses and providers may be found on the NMLS website.  Upon successful completion of SAFE NMLS approved PE, your course credits will be uploaded directly to NMLS which will track your course progress and SAFE PE compliance.
 Option 2 - Certification of Education
  • Alternatively, you may satisfy the SAFE PE requirement by certifying previously completed, Maryland-approved education during the NMLS certification process.  Starting on or about July 1, 2010, Maryland began the certification process by notifying NMLS of all persons from our records who have previously completed at least 20 hours of Maryland-approved education within the five years prior to the licensee's submission of a request, via NMLS, for licensure or transition in the State of Maryland.  (See the Maryland Mortgage Licensing Update #14 - Pre-licensing Education Certification and Certification FAQs on our website for additional details). 
  • If you have not yet received the e-mailed invoice from NMLS and you have completed at least 20 hours of MD approved education, please contact our Agency so that we may notify NMLS of your eligibility for certification.
II.  SAFE MLO Test
  • The licensee must pass both the National and Maryland State components of the SAFE MLO test.  Passage of the National component satisfies that requirement for all states.  (See the Maryland Mortgage Licensing Update #10 for detailed information regarding testing.)  Additionally, you can visit the NMLS Resource Center Testing Page for more information.
III.  Federal Criminal Background Check
  • SAFE requires that all MLOs submit fingerprints through NMLS for use by the Federal Bureau of Investigation (FBI) to conduct Federal criminal background checksIf any negative criminal history is reported, you are required to provide a written explanation and any applicable legal documentation to the Commissioner for review and determination that you satisfy the criminal background requirement before your license status may be updated to "approved."  Instructions to complete the criminal background checkare available on the Agency website.  Additional information concerning federal criminal background check processing can be found on the NMLS Resource Center under Professional Requirements.
  IV.  State Criminal Background Check
  • Fingerprints, submitted outside the NMLS, are required for use by the Criminal Justice Information Systems (CJIS) Central Repository of the Maryland Department of Public Safety and Correction Services to conduct State criminal background checks.  If any negative criminal history is reported, you are required to provide a written explanation and any applicable legal documentation to the Commissioner for review and determination that you satisfy the criminal background requirement before your license status may be updated to "approved."
  • Due to restrictions by the CJIS, the State criminal background check can NOT be executed by submitting to NMLS and must be completed separate from the Federal criminal background check.  We regret the inconvenience.  However, if you have not already done so, as soon as possible, please visit an electronic fingerprinting location for processing.  See the Maryland Office of the Commissioner of Financial Regulation website (Instructions for Submitting Fingerprints to Maryland) for electronic fingerprinting locations in Maryland.  Electronic fingerprinting usually results in a much quicker response time. 
  •  IMPORTANT: You must provide this Agency's authorization number (9700081215) and ORI # (MD920370Z) or the Commissioner's office will NOT receive the results of your State criminal background check.  Alternatively, and if you are outside the State of Maryland, forward the completed State fingerprint card and the required fees to CJIS, P.O. Box 32708, Pikesville, Maryland 21282-2708.
  • IMPORTANT: IF you choose NOT to do electronic fingerprinting, you must use the fingerprint card received from the Commissioner's Office or we will NOT receive the results of your State criminal background check.
V.  Credit Report
  • Pursuant to the Federal SAFE Mortgage Licensing Act, an MLO who applies for a license authorizes the Commissioner of Financial Regulation to acquire and review his/her credit report.  The Agency will review your credit report to determine whether you satisfy the financial responsibility requirement of the MLO license.  If any negative items are disclosed on your credit report, you are required to submit a detailed explanation and supporting documentation for review and determination of financial responsibility before your license status may be updated to "approved."
Please note, the applicant/licensee is fully responsible for all of the requirements of the license for which they are applying. To facilitate application through the NMLS, the jurisdiction specific requirements contained herein are for guidance only.  Should you have questions, please consult legal counsel.

For more information - Contact NMLS at 240-386-4444 for questions pertaining to the NMLS.  Contact the Maryland Commissioner of Financial Regulation licensing staff by phone at 410-230-6155 or 888-784-0136 for further assistance regarding Maryland specific requirements.

Department of Labor, Licensing and Regulation, Office of the Commissioner of Financial Regulation, 500 N. Calvert Street, Suite 402 - Baltimore, Maryland 21202-3651 - (410) 230-6155
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