Mortgage licensing / Texas

Texas Mortgage Company Branch License

branch licence · NMLS TXSMLCOMPANY_B · OCCC

Requirements (4)

  1. Step 1

    Other Trade Names If this branch is 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 both the Branch Form (MU3) and the Company Form (MU1). TX SML does not limit the number of other trade names. If operating under an “Other Trade Name”, upload the Assumed Name Certificate regarding the ability to do business under that trade name. Information about registering a trade name in Texas can be obtained from the Texas Secretary of State.

    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).

  2. Step 2

    Branch Manager: A Branch Manager must be designated for each licensed branch location. A Branch Manager is an individual whose principal office is physically located in, who is in charge of, and who is responsible for the business operations of a branch office.

    Submitted via: NMLS

  3. Step 3

    Branch Written Agreement: Submit a copy of the agreement between the licensed company and Texas Branch Manager, in compliance with applicable state and federal law if the company indicates “YES” under [Will this branch office and/or individuals at this branch office operate pursuant to a written agreement or contract with the main office?] The document must include the following information: The agreement should be signed by the Texas Branch Manager linked to the branch location and needs to detail some or all of the following: compensation terms, termination, employee duties, branch operations, confidential information and/or any miscellaneous verbiage between the company and the branch officer/individual. There should be two signatures and dates; one from the company representative and the other from the branch manager. This document should be named Branch Manager Agreement.

    Submitted via: Upload in NMLS: under the Document Type Branch Written Agreement in the Document Uploads section of the Branch Form (MU3).

  4. Step 4

    Designation of Branch Qualified Employee: A Qualified Employee must be designated for each branch location. This may be a separate individual from the Branch Manager identified in NMLS. The MU3 form filing must recognize a sponsored TX-SML residential mortgage loan originator under this location. There must be at least one sponsored active TX-SML residential mortgage loan originator designated under the branch location. A Qualified Employee may serve as the Branch Qualified Employee for multiple branches.

General information

GENERAL INFORMATION Who is required to have this license? A mortgage company must obtain a license for any office or location it advertises or promotes to the general public as an office or location at which the mortgage company's sponsored residential mortgage loan originators meet in-person with mortgage applicants or prospective mortgage applicants. A licensed office of the mortgage company must be a physical office and have a permanent physical or street address (a post office box or other similar arrangement is not sufficient). See 7 Texas Administrative Code § 56.206(b). "Branch office" means “any office a mortgage company maintains that is separate and distinct from its main office (identified on the Mortgage Company License MU1), whether located in Texas or not, at which it conducts residential mortgage loan origination business with mortgage applicants or prospective mortgage applicants in Texas or concerning residential real estate located in Texas.” See 7 Texas Administrative Code § 56.206(a)(2). This branch license should only be applied for by a company that holds or is applying for a Mortgage Company License. Who does not need this branch license? A branch license is not required for (see 7 Texas Administrative Code § 56.206): (1) an “administrative office,” defined by 7 Texas Administrative Code § 56.206(a)(1) to include: a. an office or location at which the employees of the mortgage company act solely in the capacity of a loan processor or underwriter; b. an office or location at which the employees of the mortgage company perform solely administrative or clerical tasks on behalf of an individual licensed as a residential mortgage loan originator; c. an office or location which conducts any combination of the above activities; or (2) a “remote location,” defined by 7 Texas Administrative Code § 56.206(a)(5) to mean a location from which the employees or sponsored residential mortgage loan originators of the mortgage company conduct residential mortgage loan business remotely, as authorized by 7 Texas Administrative Code • 56.206(c).

Other Texas mortgage licenses

Sourced from the NMLS/CSBS state licensing record, last updated December 4, 2024. Requirements change — confirm against the state agency before filing. Not legal advice.

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