Mortgage licensing / North Carolina

North Carolina Mortgage Lender License

company licence · NMLS NCLENDER_C · COB

Requirements (28)

  1. Step 1

    Reverse Mortgage Lender Fee: $500.00. If the Lender indicates (in MU1 of NMLS) that Reverse Mortgage Lending will be a business activity in North Carolina, our agency will review the request to perform the business activity in our state and will place an agency fee invoice in the NMLS pursuant to § 53-255, et. al.. The initial fee is $500.00 and annual renewal is $250.00. There is no fee for reverse mortgage servicing.

    Submitted via: NMLS (An agency Fee Invoice will be entered into the NMLS as a license item if your company requests to make reverse mortgages; payment is through the NMLS

  2. Step 2

    Financial Statements: See the License Requirements and Fees Chart on the NMLS Resource Center for details related to this Requirement. Upload an unqualified audited statement of financial condition prepared in accordance with Generally Accepted Accounting Principles dated within 90 days of your fiscal year end. Financial statements should include a balance sheet, income statement, and statement of cash flows and all relevant notes thereto. If applicant is a start-up company, only an audited initial statement of condition is required. Pursuant to § 53-244.104 the financial statement must illustrate a company net worth of $100,000 including evidence of liquidity of one million dollars ($1,000,000), which may include a warehouse line of credit of one million dollars ($1,000,000) or other evidence of funding capacity to conduct mortgage originations as documented by an unqualified audited statement of financial condition. Note for annual renewal/annual review of financials after licensure: Liquidity/funding capacity of $1,000,000 and net worth of $100,000 must be held upon licensure and maintained thereafter on a continuous basis. An audited, unqualified financial statement is to be uploaded annually to the NMLS within 90 days of the company’s fiscal year-end and will be reviewed by our staff for compliance prior to license renewal.

    Submitted via: NMLS Upload Financial Statement in NMLS: under the applicable period in the Financial Statement Summary section of the Company Form (MU1).

  3. Step 3

    Other Trade Name: If operating under a name that is different from the applicant’s legal name, that name (“Trade Name”, “Assumed Name” or “DBA”) must be listed under the Other Trade Names section of the Company Form (MU1). North Carolina does not limit the number of other trade names. If operating under an “Other Trade Name”, upload an executed copy of a North Carolina Assumed Name Certification regarding ability to do business under that trade name from a North Carolina Register of Deeds office as required under N.C. General Statute Chapter 66, Article 14A. This document should be named North Carolina-Mortgage Broker License Trade Name – Assumed Name.

    Submitted via: NMLS Upload in NMLS: under the Document Type Trade Name/Assumed Name Registration Certificates in the Document Uploads section of the Company Form (MU1).

  4. Step 4

    Resident/Registered Agent: The Resident/Registered Agent must be listed under the Resident/Registered Agent section of the Company Form (MU1) and must match the information currently on record with the North Carolina Department of the Secretary of State.

    Submitted via: NMLS

  5. Step 5

    Non-Primary Contact Employees: North Carolina requires that an individual(s) be identified as a Non-Primary Contact for the following areas. These contacts must be listed in the Contact Employees section of the Company Form (MU1). 1. Licensing 2. Consumer Complaint (Public) 3. Exam Delivery 4. Consumer Complaint (Regulator) 5. Legal 6. Pre-Exam Contact

    Submitted via: NMLS

  6. Step 6

    Bank Account: Bank account information must be completed for the company’s Letter/Line of Credit, Operating, and/or Trust Primary accounts in the Bank Account section of the Company Form (MU1).

    Submitted via: NMLS

  7. Step 7

    Qualifying Individual: North Carolina General Statute § 53-244.030(27) defines a Qualifying individual: "Qualifying individual" means a person who meets the experience and other requirements of N.C. General Statute § 53-244.050(b) and who agrees to be primarily responsible for the operations of a licensed mortgage broker or mortgage lender or mortgage servicer. This individual must be listed in the Qualifying Individual section of Company Form (MU1). Each licensee is required to have a Qualifying Individual (QI) with: • Three years of residential mortgage lending or mortgage brokering experience (see North Carolina Administrative Code 04 NCAC 03M.0204 and, • Meets the education* and test** requirements pursuant to North Carolina General Statute § 53-244.050(b). *Have satisfactorily completed, within the three years immediately preceding the date of application, the mortgage lending prelicensing education as detailed under North Carolina General Statute § 53-244.070. However, an individual applicant holding a valid mortgage loan originator license in any other state or territory shall receive credit for their education completed under G.S. 53-244.070(e) if the individual has completed all required continuing education for the preceding year. This sub-subdivision does not apply to a qualifying individual for mortgage servicing. **Have a valid (unexpired and with passing results) test that satisfies one of the following three conditions: (This sub-subdivision does not apply to a qualifying individual for mortgage servicing) 1. Passing results on both the National and North Carolina State components of the SAFE Test, or 2. Passing results on both the National and Stand-alone UST components of the SAFE Test, or 3. Passing results on the National Test Component with Uniform State Content Follow the instructions in the View Testing Information Quick Guide to confirm test results have been posted to your record and indicate “Pass” and that the test has not expired. Note: The Qualifying Individual is not required to hold a Mortgage Loan Originator (MLO) license; however, prelicensing education expires after three (3) years if not licensed as an MLO. This individual must be listed in the Qualifying Individual section of Company Form (MU1).

    Submitted via: NMLS

  8. Step 8

    Credit Report: See the License Requirements and Fees Chart on the NMLS Resource Center for details related to this Requirement. Control Persons and the Qualifying Individual are required to authorize a credit report through NMLS. Individuals will be required to complete an Identity Verification Process (IDV) along with an individual attestation before a license request for your company can be filed through NMLS. This authorization is made when the Individual Form (MU2) is submitted as part of the Company Form (MU1). Note: You may review the requirements of financial responsibility pursuant to N.C. General Statute § 53-244.060(4).

    Submitted via: NMLS

  9. Step 9

    MU2 Individual FBI Criminal Background Check Requirements: See the License Requirements and Fees Chart on the NMLS Resource Center for details related to this Requirement. The following Individuals listed as control persons and the Qualifying Individual, as specified below, on the Company Form (MU1) are required to authorize a FBI criminal background check (CBC) through NMLS. • Qualifying Individual(s) • Direct Owners • Indirect Owners • Executive Officers • Other individuals, such as Directors, or others as defined as a control person in North Carolina General Statute § 53-244-30(7). After authorizing a FBI criminal background check through the submission of the Company Form (MU1) and Individual Form (MU2), you must schedule an appointment to be fingerprinted if new prints are required. See the Criminal Background Check section of the NMLS Resource Center for more information. Note: If you are able to ‘Use Existing Prints’ to process the FBI criminal background check, you DO NOT have to schedule an appointment. NMLS will automatically submit the fingerprints on file.

    Submitted via: NMLS

  10. Step 10

    Electronic Surety Bond: See the License Requirements and Fees Chart on the NMLS Resource Center for details related to this Requirement. Electronic Surety Bond via NMLS in the amount of $150,000 furnished and submitted by a surety company authorized to conduct business in North Carolina. See the ESB Adoption Table and the ESB for NMLS Licensees page of the NMLS Recourse Center for more information. Note: Surety bonds submitted via the Document Uploads section will not satisfy this requirement. Note: Subsequent increased bond amounts are based upon the licensee’s annual North Carolina loan volume. Any increased surety bond required under N.C. General Statute § 53-244.103(b) shall be filed on or before May 31 immediately following the 12-month period ending December 31. Note: If the company has requested an approval for making reverse mortgages, a license item will be entered into the company’s NMLS record to obtain an additional paper bond specifically for reverse mortgages. Refer to the example bond form on our website pursuant to N.C. General Statute § 53-255, et. al.

    Submitted via: Lender Surety Bond: Only in electronic format through the NMLS Reverse Mortgage Surety Bond (if applicable): Upload a copy to the NMLS Document Uploads.

  11. Step 11

    AML/BSA Policy: Upload the most recent version of Anti-Money Laundering (AML) / Bank Secrecy Act (BSA) Policy and the most recent Independent Review of the AML/BSA Program. AML/BSA Policy This document should be named AML/BSA Policy [approval date mm-dd-yyyy]. Independent Review of AML/BSA Program This document should be named AML/BSA Policy Independent Review [review date mm-dd-yyyy]. The BSA/AML Program must contain: • Policies and procedures, as required by the Financial Crimes Enforcement Network (FinCEN) under 31 CFR 1010 and 1029, to include Suspicious Activity Report (SAR) general filing procedures, timeframe of filing and retention period of SARs; • Mortgage fraud red flag identifiers as applicable to the business activities (see FinCEN Advisory: FIN-2012-A009, dated August 16, 2012, regarding Suspicious Activity Related to Mortgage Loan Fraud); • Identification (name and title of) the Compliance Officer; • Information on the required independent testing and specify the timeframe in which the testing will be conducted; and, • Reflect the training timeframe of new hires as well as ongoing training for all employees

    Submitted via: Upload in NMLS: under the Document Type AML/BSA Policy in the Document Uploads section of the Company Form (MU1).

  12. Step 12

    Business Plan: Upload a business plan outlining the following information: • Marketing strategies (how will you market your business and products in North Carolina; how will you generate business, etc.); and, • Products (i.e. conventional, VA, FHA, USDA; fixed, ARMs, reverse mortgages (reverse lending requires additional fee/bond/approval), etc.); and, • Target markets (i.e. consumers in certain counties, property types, etc.); and, • Operating structure the applicant intends to employ (i.e. does your company have branches and/or operations centers? At which location(s) will North Carolina residential mortgage loans be originated? Does your company have offshore operations? etc.); and, • Business activities that will be conducted in North Carolina (i.e. 1st and/or 2nd mortgage brokering, mortgage lending, lead generation, 3rd party processing or underwriting, any servicing activities (servicing requires additional review/approval by our staff, such as review of the QI experience in servicing to ensure 3 years of experience, and a fee schedule screen completed by your company on our system), etc.); and, • Mortgage activities (i.e. origination, processing, underwriting, closing/funding, any servicing, etc.). This document should be named [Company Legal Name] Business Plan. Note: If the existing uploaded business plan already includes the above information, an additional document does not need to be uploaded. A company should only upload a single business plan. If state-specific material is required, this information should be added to the existing uploaded business plan.

    Submitted via: Upload in NMLS: under the Document Type Business Plan in the Document Uploads section of the Company Form (MU1).

  13. Step 13

    Certificate of Authority: Upload a North Carolina Secretary of State-issued and approved document, dated not more than 60 days prior to the filing of the application through NMLS that demonstrates authorization to do business in the State if the business was formed outside of North Carolina. This form is required for foreign applicants (businesses formed in a state other than NC). Certificate of Existence/Good Standing: Upload a State-issued and approved document (typically by the Secretary of State’s office), dated not more than 60 days prior to the filing of the application through NMLS that demonstrates authorization to do business in the applicant’s state of formation. This form is required for both foreign and domestic businesses (formed outside of-foreign, or in-domestic NC). This document should be named [[State prefix] Certificate of Authority AND/OR [State prefix] Certificate of Good Standing].

    Submitted via: Upload in NMLS: under the Document Type Certificate of Authority/Good Standing Certificate in the Document Uploads section of the Company Form (MU1).

  14. Step 14

    Formation Documents: Determine classification of applicant’s legal status and submit a State certified copy of the requested applicable documentation detailed below. Original formation documents and all subsequent amendments, thereto including a list of any name changes. Sole Proprietor • No documentation required to be uploaded. Unincorporated Association: • By-Laws or constitution (including all amendments). General Partnership: • Partnership Agreement (including all amendments). Limited Liability Partnership: • Certificate of Limited Liability Partnership; and • Partnership Agreement (including all amendments). Limited Partnership: • Certificate of Limited Partnership; and • Partnership Agreement (including all amendments). Limited Liability Limited Partnership: • Certificate of Limited Liability Limited Partnership; and • Partnership Agreement (including all amendments). Limited Liability Company (“LLC”): • Articles of Organization (including all amendments); • Operating Agreement (including all amendments); and • IRS Form 2553 or IRS Form 8832 if S-corp treatment elected; and • LLC resolution if authority not in operating agreement. Corporation: • Articles of Incorporation (including all amendments); • By-laws (including all amendments), if applicable; • Shareholder Agreement (including all amendments), if applicable; • IRS Form 2553 if S-corp treatment elected; and • Corporate resolution if authority to complete application not in By-Laws or Shareholder Agreement, as amended, as applicable. Not for Profit Corporation (May be exempt and may not require a mortgage broker license; you may contact our staff prior to application submission for clarification). Exemption may be claimed at the following link on our agency website: https://www.nccob.gov/online/licenseinquirynmls.aspx • Documents requested of a Corporation; and • Proof of nonprofit status • Internal Revenue Service (“IRS”) 501(c)(3) designation letter; or • statement from a State taxing body or the State attorney general certifying that: (i) the entity is a nonprofit organization operating within the State; and (ii) no part of the entity’s net earnings may lawfully benefit any private shareholder or individual; or • entity's certificate of incorporation or similar document if it clearly establishes the nonprofit status of the applicant; or • Any of the three preceding items described, if that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate. Trust (Statutory) • Certificate of Trust; and • Governing instrument (all amendments).

    Submitted via: Upload in NMLS: under the Document Type Formation Document in the Document Uploads section of the Company Form (MU1). This document should be named Formation Documentation [Date of Creation (MM-DD-YYYY)].

  15. Step 15

    Management Chart: Submit a Management chart displaying the applicant’s • Divisions; • Officers/Directors (names and titles); • Managers (names and titles); and • Staff positions (number of staff in each position) This document should be named [Company Legal Name] Management Chart. Note: The positions listed on the document should correspond to the business activities listed in the Business Plan and the MU1 of the NMLS. Note: If the existing uploaded management chart already includes the above information, an additional document does not need to be uploaded. The NC SAFE Act refers to MLOs, mortgage processors, mortgage underwriters, and loss mitigation specialists as employees which is defined in the Act as an individual who has an employment relationship and who is treated as a common law employee for purposes of compliance with federal income tax laws and whose income is reported on IRS Form W-2 (see N.C. General Statutes § 53- 244.030(10),(16),(17), § 53-244.040(a), and § 53-244.100). Additionally, mortgage loan originators shall not be employed simultaneously by more than one mortgage lender, mortgage broker, or mortgage origination support registrant registered under Article 19B of Chapter 53 of the North Carolina General Statutes (see NC General Statute § 53- 244.100(b)).

    Submitted via: Upload in NMLS: under the Document Type Management Chart in the Document Uploads section of the Company Form (MU1).

  16. Step 16

    Mortgage Servicing Agreement: Submit a copy of any written (fully executed) agreement or contract related to mortgage servicing rights, including: • Servicing Agreements; • Sub-Servicing Agreements These documents should be named [Servicing Company Name] Mortgage Servicing Agreement or Mortgage Sub-Servicing Agreement

    Submitted via: Upload in NMLS: under the Document Type Mortgage Servicing Agreement in the Document Uploads section of the Company Form (MU1).

  17. Step 17

    Organizational Chart/Ownership Description: Submit a flowchart showing (or a description which includes) the percentage of ownership of: • Direct Owners (total direct ownership percentage must equate to 100% on the chart for review); • Indirect Owners (including all parent companies or individuals going back to an individual or publicly traded company equating to 100% of ownership on the chart for review); and • Subsidiaries and Affiliates of the applicant. This document should be named [Company Legal Name] Organizational Chart – Description. Note: If the existing uploaded Organizational Chart/Description already includes the above information, an additional document does not need to be uploaded. A company should only upload a single management chart. Identify which entities/individuals have voting rights of >/= 10%, and if Trusts have ownership/indirect ownership, provide copies of the Trust Agreements. Note: Subsidiaries and Affiliates are also to be listed in the MU1 of the NMLS.

    Submitted via: Upload in NMLS: under the Document Type Organizational Chart/Description in the Document Uploads section of the Company Form (MU1).

  18. Step 18

    Warehouse Line of Credit Documentation: Submit the following documentation related to a Warehouse Line of Credit: • A fully-executed Warehouse Line of Credit Agreement >/= $1,000,000; including addendums and exhibits • If the warehouse line has or is expiring, also upload a letter of continuation. Note: Evidence of liquidity of one million dollars ($1,000,000) may include a warehouse line of credit of one million dollars ($1,000,000) or other evidence of funding capacity to conduct mortgage originations as documented by an unqualified audited statement of financial condition. This document should be named WLOC Agreement or WLOC Continuation Letter - Provider Name] .

    Submitted via: Upload in NMLS: under the Document Type Warehouse Line of Credit Documentation in the Document Uploads section of the Company Form (MU1).

  19. Step 19

    Lease Agreement: Upload a copy of the lease agreement for the principal office location that, at a minimum: • clearly states the parties to the lease; • clearly states the terms of the lease; • describes the leased premises; and, • is signed by a company official and landlord. If the lease is a sublease, provide written approval from the master lessor that they are aware of and agree to the property being subleased (consent to sublease), along with a copy of the executed master lease. The lease, sub-lease, or lease assignment must be in the name of the applying licensee (i.e. business/company name) as the tenant. A principal office and any North Carolina registered branch locations must be in the United States. If the mortgage lender owns the building instead of leases the location, deed documentation can be provided in lieu of the lease to show the owner as the mortgage lender business. Note: Principal office - a principal place of business that shall consist of at least one enclosed room or building of stationary construction in which negotiations of residential mortgage loan transactions may be conducted and carried on in privacy and in which all of the books, records, and files pertaining to residential mortgage loan transactions relating to borrowers in this State are maintained. A principal office shall not be located at an individual's home or residence. (see N.C. General Statute § 53-244.030 (26)).

    Submitted via: Upload in NMLS: under the Document Type Company Staffing and Internal Policies in the Document Uploads section of the Company Form (MU1).

  20. Step 20

    Credit Report Explanations: Submit a line by line, detailed letter of explanation of all derogatory credit accounts along with proof of payoffs, payment arrangements and evidence of payments made, or evidence of any formal dispute filed (documents must be dated). Accounts to address include, but are not limited to: non-medical collections items, charge offs, accounts currently past due, accounts with serious delinquencies in the last 3 years, repossessions, etc. Note: Items regarding bankruptcy, foreclosure actions, outstanding judgments or liens, or delinquent child support payments should be addressed in the Disclosure Explanations section of your Individual Form (MU2). Note: You may review the requirements of financial responsibility pursuant to N.C. General Statute §53-244.060(4). This document should be named Credit Report Explanations – Sub Name – Document Creation Date.

    Submitted via: Upload in NMLS: under the Document Type Credit Report Explanations in the Document Uploads section of the Individual Form (MU2).

  21. Step 21

    Verification of Experience: Providea license specific resume for the Qualifying Individual with detailed job descriptions and/or duties performed evidencing experience in the industry the company is applying for a license. Detailed job descriptions and duties with all employers need to be incorporated into a resume to demonstrate experience related to the specific state license being applied for. North Carolina State specific requirements include: • more than half of the individual's employment income was derived from employment in the mortgage lending or mortgage brokerage industry (and mortgage servicing if the lender will also service or master service, or submit a secondary QI for the servicing activity); and • that individual had actual responsibility for job functions in each area of study included in a prelicensing education program. See North Carolina General Statutes § 53-244.030(27) and § 53-244.050(b)and N.C. Administrative Code 04 NCAC 03M.0204. Note: Resume data must match up to the employment history on the Individual Form (MU2). This document should be named [QI Resume - Verification of Experience] – License Name.

    Submitted via: Upload in NMLS: under the Document Type Verification of Experience in the Document Uploads section of the Individual Form (MU2).

  22. Step 22

    Other Agreement(s): Provide copies of fully executed agreements if you: • use a marketing company; • use a document storage company; • use a lead generator or are a lead generator; or, use a third-party processing/underwriting company or your company provides third-party processing/underwriting services to other companies in additional to your loan brokering business activities.

    Submitted via: Upload Agreements to NCCOB Website: Please upload executed agreement(s) to our agency’s website at https://www.nccob.gov/online/Login.aspx. Login credentials can be requested on the site within one business day of application. submission.

  23. Step 23

    BOOKS AND RECORDS: Licensees are required to maintain their books and records for North Carolina residential mortgage loans at a designated location within the State. If, however, the company wishes store such records out-of-state, it is required to submit a written request to the NC Commissioner of Banks. The written request can be completed on our system at the following link: https://www.nccob.gov/online/ . Please note that you cannot access this automated request form until one business day after application through the NMLS. Note: The request should contain all elements of N. C. Administrative Code 04NCAC 03M .0502 (see also below) and list the specific street address where records will be stored (match to NMLS MU1 Books and Records screen address). If the licensee uses a third party for record storage, please provide the street address and a copy of the executed agreement (if applicable, agreement uploads can be done in the system when completing the request form). 04 NCAC 03M .0502 FORM AND LOCATION OF RECORDS (a) The records may be maintained in any form that is convertible into legible, tangible documents by the licensee. (b) All records required by this Section shall be prepared in accordance with generally accepted accounting principles, where applicable. (c) All records required to be maintained shall be secured against unauthorized access and damage in a location within the State accessible to the Commissioner. However, a licensee or registrant that maintains a centralized out-of-state storage facility for the records from multiple states may request the Commissioner to approve its storage of such records in such out-of-state location. The requests shall be approved provided that: (1) the Commissioner determines that the proposed storage will ensure that the records are secured against unauthorized access and damage; and (2) the licensee or registrant agrees in writing to make available at its expense for inspection and copying upon request by the Commissioner copies of all requested records in a form that satisfies the requirements of Paragraph (a) of this Rule. (d) If the Commissioner has reason to believe that records are not or will not be secured against unauthorized access or damage, the Commissioner shall summarily revoke any approval granted under Paragraph (c) of this Rule. (e) A licensee or registrant shall notify the Commissioner of any change in the location of its books and records within 15 days following such change.

    Submitted via: Complete a Books and Records Request to NCCOB’s Website: Login credentials can be requested on the site within one business day of application submission: https://www.nccob.gov/online/Login.aspx. Click on Books & Records and complete the online request form as prompted.

  24. Step 24

    ESCROW/TRUST ACCOUNT: If the Lender will also Service, provide a copy of the last bank statement for applicant’s escrow account with an FDIC-insured institution through which borrower payments are processed. Note: Not applicable for Master Servicer only.

    Submitted via: Upload Account statement to NCCOB Website/Company Documents: Please upload escrow/trust account statement to our agency’s website at https://www.nccob.gov/online/Login.aspx. Login credentials can be requested on the site within one business day of application. submission. After logging in, click on Company Documents to upload the statement, titled Escrow or Trust Account Statement.

  25. Step 25

    SCHEDULE OF THE RANGE OF COSTS AND FEES: If the Lender also services or is a master servicer, enter the schedule of the range of costs and fees charged to borrowers for the company’s servicing-related activities. For master servicers, enter sub-servicer company name and NMLS ID. Provide the requested information at NCCOB’s website at: https://www.nccob.gov/online/Login.aspx.

    Submitted via: Upload Account statement to NCCOB Website: Please upload escrow/trust account statement to our agency’s website at https://www.nccob.gov/online/Login.aspx. Login credentials can be requested on the site within one business day of application. submission. After logging in, click on Servicer Fee Schedule and enter the range of fees that may be charged. If master servicing, enter the sub-servicer company information at the top of the form.

  26. Step 26

    Branch Attestation: Submit an executed Prohibited Branch Arrangement Attestation Form (MLA19) through our agency website login. Please note that you cannot access this automated request form until one business day after application through the NMLS. This online form is to be completed by a control person of the company as acknowledgement for current branch applications or any future branches.

    Submitted via: Complete a Branch Attestation on NCCOB’s Website: Login credentials can be requested on the site within one business day of application submission: https://www.nccob.gov/online/Login.aspx. Click on Branch Attestation and complete the online form as prompted – to be completed by a control person of the company as acknowledgement for current or future branches.

  27. Step 27

    Control Person (MU2) Attestation: Complete the Individual Form (MU2) in NMLS. This form must be attested to by the applicable control person before it is able to be submitted along with the Company Form (MU1). Enter all control persons for the mortgage lender. Control is defined in North Carolina General Statute § 53-244-30(7): "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. Any person that (i) is a director, general partner, or executive officer; (ii) directly or indirectly has the right to vote ten percent (10%) or more of a class of voting security or has the power to sell or direct the sale of ten percent (10%) or more of a class of voting securities; (iii) in the case of a limited liability company, is a managing member; or (iv) in the case of a partnership, has the right to receive upon dissolution, or has contributed, ten percent (10%) or more of the capital, is presumed to control the company.

    Submitted via: NMLS

  28. Step 28

    Disclosure Questions: Provide a complete and detailed explanation and document upload for each “Yes” response to Disclosure Questions made by the company or related control persons (MU2). See the Company Disclosure Explanations Quick Guide for instructions.

    Submitted via: Upload in NMLS in the Disclosure Explanations section of the Company Form (MU1) or Individual Form (MU2).

General information

Who Is Required to Have This License? Any person (individual, partnership, limited liability company, limited partnership, corporation, association, or other group) engaged in joint business activities, however organized) who closes a residential mortgage loan, advances funds, offers to advance funds, or makes a commitment to advance funds to a borrower under a mortgage loan for compensation or gain. Licensed lenders may also broker residential mortgage loans by accepting or offering to accept or soliciting or offering to solicit, applications for residential mortgage loans, negotiating terms or conditions, issuing mortgage loan commitments or interest rate guarantee agreements, or engaging in table funding, whether such acts are done through contact by telephone, electronic means, mail, or in person with borrowers or potential borrowers. In addition, licensed lenders may also service residential mortgage loans; a separate servicer license is not required; however, the additional activity requires approval by our agency. Furthermore, applicants may request authorization to conduct reverse mortgage lending activity during the initial lender application process, or after, being approved as a lender by the Commissioner of Banks by updating the NMLS business activities; a separate reverse mortgage lender license is not required, however, the additional activity requires approval by our agency (see N.C. General Statutes § 53-244.030(20),(22), and § 53-244.030(11), and § 53-255 et.al.). The North Carolina Secure and Fair Enforcement Mortgage Licensing Act (“NC SAFE Act”) defines “make a residential mortgage loan" as follows: to advance funds, to offer to advance funds, to make a commitment to advance funds to a borrower under a mortgage loan, or to fund a residential mortgage loan. “Residential mortgage loan or mortgage loan" means any loan made or represented to be made to a natural person or persons primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling located within this State or residential real estate upon which is constructed or intended to be constructed a dwelling (see N.C. General Statutes § 53-244.030(18) and § 53-244.030(30)). Who Does Not Need This License? • Any agency of the federal government or any state or municipal government granting mortgage loans under specific authority of the laws of any state or the United States. • Any employee of a licensee whose responsibilities are limited to clerical and administrative tasks for his or her employer and who does not solicit borrowers, accept applications, or negotiate the terms of loans on behalf of the employer. • Any person authorized to engage in business as a bank, a credit union, savings institution or a farm credit system, under the laws of the United States, this State, or any other state, upon filing and confirmation of a claim of exemption with the Office of the Commissioner of Banks. • A subsidiary owned and controlled by a bank or savings institution and regulated by a federal banking agency, upon filing and confirmation of a claim of exemption. • Any officer or employee of bank, credit union, savings institution, a farm credit system, or subsidiary of bank, or a savings institution. • Any licensed real estate agent or broker who is performing those activities subject to the regulation of the North Carolina Real Estate Commission. Notwithstanding the above, an exempt person does not include a real estate agent or broker who receives compensation of any kind in connection with the referral, placement, or origination of a mortgage loan. • Any person who, as seller, receives in one calendar year no more than five mortgages, deeds of trust, or other security instruments on real estate as security for a purchase money obligation. Activities Authorized Under This License This license authorizes the following activities: • First mortgage brokering and lending • Second mortgage brokering and lending • High cost home loans – Brokering and lending • Home equity lines of credit – brokering and lending • Manufactured housing financing – brokering and lending • Third party mortgage loan processing • Third party mortgage loan underwriting • Lead generation • Reverse mortgage lending (requires additional review & authorization by agency, fee and bond – refer to N.C. General Statute § 53-255, et. al.). • Servicing activities (forward or reverse) requires additional review & authorization by agency – enter additional activities in the MU1 Business Activities section of the NMLS; enter a Qualifying Individual with 3 years of servicing experience; upload an escrow/trust statement, servicer fee schedule information, and master/sub-servicer agreement if applicable on NCCOB Online: https://www.nccob.gov/online/Login.aspx) See the Business Activities Definitions for more information on the activities listed above. Pre-Requisites for License Applications • Liquidity: Minimum of $1,000,000 upon licensure and thereafter, on a continual basis which may include a warehouse line of credit of one million dollars ($1,000,000), or other evidence of funding capacity to conduct mortgage originations as documented by an unqualified audited statement of financial condition. • Net Worth: Minimum $100,000 upon licensure and thereafter, on a continual basis as documented by an unqualified audited statement of financial condition. • Surety Bond: Electronic surety bond for a mortgage lender - minimum $150,000. • Qualifying Individual: An IRS W-2 employee of the Lender with at least three years of experience in residential mortgage lending and meets the requirements of N.C. General Statute §53-244.050(b) . If the company will perform a servicing-type business activity, the QI shall have at least three years of experience in residential mortgage servicing. • Location: The principal office and any North Carolina registered branch locations must be in the United States. Upon licensure and thereafter, the principal office shall not be in a home or residence (see N.C. General Statute §53-244.030 (26)). • License Cost: $1,250.00 plus the NMLS processing fee for Lender License application, credit report and criminal background check fees. If the licensee will perform reverse mortgage lending business activities, an invoice will be entered into the NMLS by the North Carolina Office of the Commissioner of Banks in the amount of $500 pursuant to N.C. General Statute § 53-255, et. al.. Fees are non-refundable. • See the checklist and information below for a list of current requirements and documentation and what to expect after licensure. Additional Information: Applications not completed within 30 days of an initial deficiency notification will be deemed withdrawn by applicant and placed in a Withdrawn-Application Abandoned Status. Each Control Person, including the Qualifying Individual, must be separately identified, and included in the Control Person section of the NMLS. "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. Any person that (i) is a director, general partner, or executive officer; (ii) directly or indirectly has the right to vote ten percent (10%) or more of a class of voting security or has the power to sell or direct the sale of ten percent (10%) or more of a class of voting securities; (iii) in the case of a limited liability company, is a managing member; or (iv) in the case of a partnership, has the right to receive upon dissolution, or has contributed, ten percent (10%) or more of the capital, is presumed to control the company (see N.C. General Statute § 53- 244.030(7)). If a third party is assisting you with your application, an authorization form (form #MLA20) must be completed and uploaded to your login on our website to allow us to communicate with the third party. Login credentials can be requested on the site within one business day of application submission. The Lender’s Mortgage Loan Originators (MLOs), or MLO applicants in a temporary authority to operate status, must be W2 employees of the mortgage lender and must have sponsorship requested by the company and accepted by our agency prior to originating a residential mortgage loan (see MLO checklist). If MLOs work at branch locations, the branch(es) must also be licensed in North Carolina before an MLO’s sponsorship can be accepted (see branch checklist). Branch Managers may only manage one location and must be a licensed MLO (not with temporary authority). The NC SAFE Act refers to MLOs, mortgage processors, mortgage underwriters, and loss mitigation specialists as employees which is defined in the Act as an individual who has an employment relationship and who is treated as a common law employee for purposes of compliance with federal income tax laws and whose income is reported on IRS Form W-2 (see N.C. General Statutes § 53- 244.030(10),(16),(17), § 53-244.040(a), and § 53-244.100). Additionally, mortgage loan originators shall not be employed simultaneously by more than one mortgage lender, mortgage broker, or mortgage origination support registrant registered under Article 19B of Chapter 53 of the North Carolina General Statutes (see NC General Statute § 53- 244.100(b)). What to Expect After Becoming Licensed: Prudential Standards, effective 10/1/2025, detailed in Part 2 of the NC SAFE Act may impact certain servicers, or lenders that service, if they will have servicing portfolios of 2,000 or more North Carolina residential mortgage loans. Some exclusions apply; however, full details are available at the following link: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_53/Article_19B.pdf. North Carolina issues paper licenses for this license type; they can be printed by the licensee the business day following license approval at: https://www.nccob.gov/online/Login.aspx. Login credentials can be requested on the site within one business day of application submission. Licenses expire annually on December 31st. Renewal of licenses can be requested through the NMLS November 1st through December 31st (late renewal/reinstatement period January 1st through the end of February). Annual assessments are invoiced and are payable through the NMLS every September for the prior year of licensure. Information can be viewed in North Carolina General Statute § 53-244.100A. If your lender license has also been approved for any servicing business activities and if your company is not required to file an expanded Mortgage Call Report through the NMLS, we will request servicing data from you via a license item prior to the assessment calculation. Audited annual financial statements are to be uploaded to the NMLS Financial Statement Summary screen no later than 90 days from the company’s fiscal year-end to show the company is continuously meeting the liquidity and net worth requirements set forth in § 53-244.104(a)(1). In addition to the Mortgage Call Report (MCR) data in the NMLS, North Carolina has specific loan-level reporting that is required to be uploaded to our system on a quarterly basis upon licensure (with the same due-date schedule as NMLS MCRs). Lenders may request a login ID one business day after license application is made and access our website to view the reporting requirements guide and data specifications. The same website login will be used after licensure to upload the required reports (see N.C. General Statute § 53-244.108, § 53-244.118(a), § 53-244.115(d) and N.C. Administrative Code 04 NCAC 03M .0401(c)). • North Carolina Office of the Commissioner of Banks System Login: https://www.nccob.gov/online/ Review your electronic surety bond annually to determine if an increase is required based upon the company’s prior calendar-year North Carolina loan volume. Any increased surety bond required under N.C. General Statute § 53-244.103(b) is to be filed on or before May 31. Visit our website for more information on mortgage FAQs, form and fees information, our bulletin board, and other information to include regular examinations, including information on: • Exam notifications, scheduling, location, types, frequency, examination tips, and survey • Common exam recommendations and violations • Record retention and file stacking order • Record destruction

Other North Carolina mortgage licenses

Sourced from the NMLS/CSBS state licensing record, last updated September 30, 2025. Requirements change — confirm against the state agency before filing. Not legal advice.

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