Texas Residential Mortgage Loan Servicer Registration
company licence · NMLS TXSMLRESSERVREG_C · OCCC
Requirements (11)
Step 1
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). TX-SML does not limit the number of other trade names. If operating under an “Other Trade Name”, upload Assumed Name Certificate] regarding ability to do business under that trade name. This document should be named TX Trade Name – Assumed 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).
Step 2
Entity or Other Trade Name: Inclusion of Terms (Bank, Banc, Bank and Trust, Trust) Under Texas Finance Code §31.005, the use of terms such as “bank,” “bank and trust,” “banc,” or similar terms in a name is prohibited if it suggests or implies that the entity is conducting banking business in Texas. If your company's name or trade name include any of these terms, it is necessary to contact the Texas Department of Banking to secure a letter of no objection. This letter must verify that the Texas Department of Banking does not oppose the use of your company name, which incorporates the word Bank, Banc, Bank and Trust, Trust, or any comparable term. Details on how to proceed with obtaining a letter of no objection are available from the Texas Department of Banking.Submitted via: Upload in NMLS: under the Document Type TX Letter of No Objection in the Document Uploads section of the Company Form (MU1).
Step 3
Resident/Registered Agent: The Resident/Registered Agent name and address must be listed under the Resident/Registered Agent section of the Company Form (MU1) and must match the information currently file with the Texas Secretary of State. A registered agent is an individual Texas resident or an organization that is registered or authorized to do business in Texas. Although an officer, owner, or employee may serve as an entity's registered agent, an entity may not serve as its own registered agent. An entity may contract for registered agent services from another business entity, such as a service company. The registered agent must be located in Texas. Information about registered agents in Texas can be obtained from the Texas Secretary of State.Submitted via: NMLS
Step 4
Primary Contact Employees: The following individuals must be entered into the Contact Employees section of the Company Form (MU1). 1. Primary Company Contact. 2. Primary Consumer Complaint Contact. The Primary Contact Employee field is extremely important. The Primary Contact Employee must be authorized to receive ALL compliance and registration information, communications, and mailings regarding the entity, officers, and directors. This position is not required to be the Resident/Registered Agent. Primary Consumer Complaint Contact: A residential mortgage loan servicer is required to provide the name, title, and the address of the person authorized to respond to the complaints. This primary contact employee or on-site manager is required to be appointed for all locations where the registrant conducts business with consumers. This individual must be listed as the Primary Consumer Complaint Contact on Form MU1, and his/her business address must match the address listed as the “Main Address” on Form MU1. The Primary Consumer Complaint Contact does not have to be a Texas-licensed residential mortgage loan originator. See Texas Finance Code § 158.053(a)(4)(B).Submitted via: NMLS
Step 5
Certificate of Authority/Good Standing Certificate: If the company was organized or formed outside of Texas, Upload a State-issued and approved document (typically by the Texas 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 TX. This document should be named TX Certificate of Authority OR TX Certificate of Good Standing. Note: A foreign filing entity, as described in Section 9.001 of the Texas Business Organizations Code, must file an application for registration, previously known as an application for certificate of authority, if it “transacts business” in Texas. Section 9.001 of the Texas Business Organizations Code only requires a certificate of authority for the following entities: corporations; limited partnerships; limited liability partnerships; limited liability companies; business trusts; real estate investment trusts; cooperatives; public or private limited companies; any other foreign entity that, if formed in Texas, would be formed as a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust; and any other foreign entity that affords limited liability under the law of its jurisdiction of formation for any owner or member. A true sole proprietorship is not required to obtain a certificate of authority from the Texas Secretary of State. More information about the out-of-state entity registration can be obtained from the Texas Secretary of State.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).
Step 6
Document Samples: Upload copies of the following sample documents used in the regular course of business in connection with this license: • IRS Employer Identification Number Verification Document A copy of the SS-4 letter or 147C letter from the Internal Revenue Service (IRS) must be provided that confirms the company’s Employee Identification Number (EIN). Note: A SS-4 application form will not be accepted by TX-SML as proof of the issuance of an EIN. Company name listed on the IRS document must match exactly as the name listed on the MU1 and with Texas Secretary of State. This document should be named [IRS EIN Verification].Submitted via: Upload in NMLS: under the Document Type Document Samples in the Document Uploads section of the Company Form (MU1).
Step 7
Company must be in good standing with the Texas Secretary of State and the Texas Comptroller of Public Accounts.Step 8
Formation Documents: Determine classification of applicant’s legal status and submit true and correct copies of the applicable documentation detailed below. Sole Proprietorship • None 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”): • Certificate of Formation or similar document (including all amendments); • Operating Agreement (including all amendments); • IRS Form 2553 or IRS Form 8832 if S-corp treatment elected; and • LLC resolution if authority not in operating agreement. Corporation: • Certificate of Formation or similar document (including all amendments); • By-laws (including all amendments), if applicable; • Shareholder Agreement (including all amendments), if applicable; • IRS Form 2553 if S-corp or C-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 • Documents requested of a Corporation; and • Proof of nonprofit status • 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 Formation 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 (including 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)].
Step 9
Management Chart: Submit a Management chart displaying the applicant’s directors, officers, and managers (individual name and title). Must also identify compliance reporting and internal audit structure. This document should be named [Company Legal Name] Management Chart. Note: If the existing uploaded management chart already includes the above information, an additional document does not need to be uploaded. A company should only upload a single management chart.Submitted via: Upload in NMLS: under the Document Type Management Chart in the Document Uploads section of the Company Form (MU1).
Step 10
Organizational Chart/Description: Submit a chart showing (or a description which includes) the percentage of ownership of: • Direct Owners (total direct ownership percentage must equate to 100%) • Indirect Owners • Subsidiaries and Affiliates of the applicant/licensee 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.Submitted via: Upload in NMLS: under the Document Type Organizational Chart/Description in the Document Uploads section of the Company Form (MU1).
Step 11
Surety Bond: Submit a bond in the amount as described below furnished by a surety company authorized to conduct business in Texas. The surety bond must be obtained from a surety company authorized to conduct business in Texas for the following amount: Servicing Volume in Texas (previous calendar year) Required Surety Bond Amount $0.00 to $25,000,000.00 $25,000.00 >$25,000,000.00 $50,000.00 If the applicant has not serviced any residential mortgage loans in Texas, then the applicant must obtain a surety bond in the amount of $25,000.00. An electronic surety bond must be submitted through NMLS in accordance with 7 Texas Administrative Code §58.107. See the ESB Adoption Table and the ESB for NMLS Licensees page of the NMLS Recourse Center for more information. The name of the principal insured on the electronic surety bond must match exactly the name as it will appear on the registration information as approved by the Texas Secretary of State.Submitted via: Electronic Surety Bond in NMLS
General information
GENERAL INFORMATION
Who is Required to Have This Registration?
A “residential
mortgage loan servicer” is any person/entity who: (A) receives scheduled
payments from a borrower under the terms of a residential mortgage loan,
including amounts for escrow accounts; and (B) makes the payments of principal
and interest to the owner of the loan or other third party and makes any other
payments with respect to the amount received from the borrower as may be
required under the terms of the servicing loan document or servicing contract. See Texas Finance Code § 158.002(6).
A
person may not act as a residential mortgage loan servicer, directly or
indirectly, for a residential mortgage loan secured by a lien on residential
real estate in this state unless the person is registered or is exempt from
registration under Section 158.052 of the Texas Finance Code. See Texas Finance
Code § 158.051.
A wrap
lender, as defined by Texas Finance Code §159.001(6), that retains the
servicing rights for wrap mortgage loans or services wrap mortgage loans for a
third party must be registered. See Texas Finance Code § 159.251.
A master servicer is required to have this registration as they remain primarily liable to bond holders and investors for the subservicer's proper servicing of the residential mortgage loans pursuant to the terms a servicing agreement including the collection of payments prior to or between the engagement of a subservicer.
Who Does Not Need This Registration?
A
person/entity is not required to register as a residential mortgage loan
servicer if it is:
(1) a federal or state depository institution,
or a subsidiary or affiliate of a federal or state depository institution;
(2) a mortgage banker registered under Chapter
157 of the Texas Finance Code;
(3) a person licensed under Chapter 342 of the
Texas Finance Code as a regulated lender, or regulated under Chapter 343 of the
Texas Finance Code, if the person does not act as a residential mortgage loan
servicer servicing first-lien secured loans; or
(4) a person making a residential mortgage
loan with the person's own funds, or to secure all or a portion of the purchase
price of real property sold by that person.
Other Texas mortgage licenses
- Auxiliary Mortgage Loan Activity License
- Mortgage Banker Branch Registration
- Mortgage Banker Registration
- Mortgage Company Branch License
- Mortgage Company License
- Mortgage Loan Originator License
- All 8 Texas licenses
Sourced from the NMLS/CSBS state licensing record, last updated April 29, 2026. Requirements change — confirm against the state agency before filing. Not legal advice.