SB668: Bill Text

SB668,139 Section 139 . 224.71 (7) of the statutes is amended to read:

SB668,96,12 224.71 (7) “Nationwide mortgage multistate licensing system and registry" means the licensing and registration system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for licensed mortgage loan originators and mortgage loan originators exempt from licensing under s. 224.725 (1m) or, if this system is no longer maintained, any system established by the secretary of the federal department of housing and urban development under P.L. 110-289, Title V, section 1509 has the meaning given in s. 224.35 (1g) (b).

SB668,140 Section 140 . 224.71 (13g) (b) of the statutes is amended to read:

SB668,96,15 224.71 (13g) (b) Registered with, and who maintains a unique identifier through, the nationwide mortgage multistate licensing system and registry.

SB668,141 Section 141 . 224.71 (18) of the statutes is amended to read:

SB668,96,19 224.71 (18) “Unique identifier" means a number or other identifier assigned by protocols established by the nationwide mortgage licensing system and registry has the meaning given in s. 224.35 (1g) (e).

SB668,142 Section 142 . 224.72 (2) (am) of the statutes is amended to read:

SB668,97,4 224.72 (2) (am) Applicants for a mortgage banker or mortgage broker license shall apply to the division, on forms and in the manner prescribed by the division, and shall pay the fee specified in rules promulgated under sub. (8). The division shall utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to mortgage bankers and mortgage brokers. Forms prescribed by the division under this paragraph may contain any content or requirement that the division, in its discretion, determines necessary and these forms may be modified or updated as necessary by the division to carry out the purposes of this subchapter.

SB668,143 Section 143 . 224.72 (2) (c) 2. c. of the statutes is created to read:

SB668,97,7 224.72 (2) (c) 2. c. The division may disclose information to the nationwide multistate licensing system and registry as provided in s. 224.35.

SB668,144 Section 144. 224.72 (7) (title) of the statutes is amended to read:

SB668,97,9 224.72 (7) (title) License renewal and reinstatement.

SB668,145 Section 145. 224.72 (7) (am) of the statutes is renumbered 224.72 (7) and amended to read:

SB668,97,18 224.72 (7) A mortgage broker or mortgage banker may apply to renew or reinstate a license issued under this section by timely submitting, on forms and in the manner prescribed by the division, a completed renewal application and all required renewal fees. The division may not renew a license issued under this section unless the division finds that the mortgage broker or mortgage banker continues to meet the minimum standards for license issuance under this section as provided in s. 224.35 (7).

SB668,146 Section 146. 224.72 (7) (bm) of the statutes is repealed.

SB668,147 Section 147. 224.725 (1) of the statutes is amended to read:

SB668,98,3 224.725 (1) License required. Except as provided in subs. (1m) and (1r), an individual may not regularly engage in the business of a mortgage loan originator with respect to a residential mortgage loan, or use the title “mortgage loan originator," advertise, or otherwise portray himself or herself as a mortgage loan originator in this state, unless the individual has been issued by the division, and thereafter maintains, a license under this section. Each licensed mortgage loan originator shall register with, and maintain a valid unique identifier issued by, the nationwide mortgage multistate licensing system and registry.

SB668,148 Section 148. 224.725 (1r) (a) 5. of the statutes is amended to read:

SB668,98,8 224.725 (1r) (a) 5. The individual was registered with the nationwide mortgage multistate licensing system and registry as a loan originator during the one-year period immediately preceding the date on which the individual furnished the information required under sub. (2) (c).

SB668,149 Section 149. 224.725 (1r) (c) 1. of the statutes is amended to read:

SB668,98,15 224.725 (1r) (c) 1. The period during which an individual described in par. (a) or (b) is considered to have temporary authority to act as a mortgage loan originator under this subchapter shall begin on the date on which the individual furnishes to the nationwide mortgage multistate licensing system and registry the information required under sub. (2) (c) in connection with the application for a mortgage loan originator license under this subchapter.

SB668,150 Section 150. 224.725 (1r) (c) 2. d. of the statutes is amended to read:

SB668,98,20 224.725 (1r) (c) 2. d. If the individual's application is listed on the nationwide mortgage multistate licensing system and registry as incomplete, the date that is 120 days after the date on which the individual applied for a mortgage loan originator license.

SB668,151 Section 151 . 224.725 (2) (a) of the statutes is amended to read:

SB668,99,6 224.725 (2) (a) Applicants for a mortgage loan originator license shall apply to the division, on forms and in the manner prescribed by the division, and shall pay the fee specified in rules promulgated under sub. (8). The division shall require utilize the nationwide multistate licensing system and registry, and the provisions of s. 224.35 shall apply, with respect to mortgage loan originators to be licensed and registered through the nationwide mortgage licensing system and registry. Forms prescribed by the division under this paragraph may contain any content or requirement that the division, in its discretion, determines necessary and these forms may be modified or updated as necessary by the division to carry out the purposes of this subchapter.

SB668,152 Section 152 . 224.725 (2) (b) 1. c. of the statutes is created to read:

SB668,99,9 224.725 (2) (b) 1. c. The division may disclose information to the nationwide multistate licensing system and registry as provided in s. 224.35.

SB668,153 Section 153 . 224.725 (2) (c) (intro.) and 2. (intro.) of the statutes are amended to read:

SB668,99,14 224.725 (2) (c) (intro.) Any applicant for a license under this section shall furnish to the nationwide mortgage multistate licensing system and registry information concerning the applicant's identity, including all of the following:

SB668,99,18 2. (intro.) Personal history and experience in a form prescribed by the nationwide mortgage multistate licensing system and registry, including the submission of authorization for the nationwide mortgage multistate licensing system and registry and the division to obtain all of the following:

SB668,154 Section 154. 224.725 (5) (title) of the statutes is amended to read:

SB668,99,20 224.725 (5) (title) License renewal and reinstatement.

SB668,155 Section 155. 224.725 (5) (a) (intro.) of the statutes is renumbered 224.725 (5) and amended to read:

SB668,99,25 224.725 (5) A mortgage loan originator may apply to renew or reinstate a license issued under this section by timely submitting, on forms and in the manner prescribed by the division, a completed renewal application and all required renewal fees. The division may not renew a license issued under this section unless the division finds that all of the following apply: as provided in s. 224.35 (7).

SB668,156 Section 156. 224.725 (5) (a) 1. and 2. of the statutes are repealed.

SB668,157 Section 157. 224.725 (5) (b) of the statutes is repealed.

SB668,158 Section 158 . 224.728 (title) of the statutes is renumbered 224.35 (title) and amended to read:

SB668,100,8 224.35 (title) Nationwide mortgage multistate licensing system and registry and cooperative arrangements.

SB668,159 Section 159 . 224.728 (1) of the statutes is renumbered 224.35 (1m) and amended to read:

SB668,100,25 224.35 (1m) Participation. (a) The division shall participate in the nationwide mortgage multistate licensing system and registry. The division may establish relationships or contracts with the nationwide mortgage multistate licensing system and registry or other entities designated by the nationwide mortgage multistate licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees under this subchapter persons holding licenses identified in sub. (1r). With respect to any form, fee, or other information related to the initial issuance, transition, or renewal of a mortgage loan originator license under this subchapter license identified in sub. (1r), the division may require that any applicant submit such form, fee, or other information directly to the nationwide mortgage multistate licensing system and registry and may authorize the nationwide mortgage multistate licensing system and registry to perform any function under this subchapter subch. III or s. 138.09, 138.12, 138.14, 218.0101 to 218.0163, 218.02, 218.04, 218.05, or ch. 217 related to the licensing of mortgage loan originators in this state any person with respect to a license identified in sub. (1r).

SB668,101,8 (b) The division may require an applicant or licensee to provide, and may provide to the nationwide mortgage multistate licensing system and registry, any information relating to an applicant for initial issuance or renewal of a mortgage loan originator license identified in sub. (1r) that the division and the nationwide mortgage multistate licensing system and registry determine to be relevant to the application or to any mortgage loan originator responsibility administered or conducted through the nationwide mortgage multistate licensing system and registry related to the licensed activity.

SB668,101,17 (c) The division may rely on the nationwide mortgage multistate licensing system and registry to establish any dates relating to application or reporting deadlines for mortgage loan originators persons holding or applying for licenses identified in sub. (1r), to establish requirements for amending or surrendering mortgage loan originator licenses identified in sub. (1r), or to establish any other requirements applicable to mortgage loan originators licensed under this subchapter persons holding licenses identified in sub. (1r) to the extent the requirements are a condition of the state's participation in the nationwide mortgage multistate licensing system and registry.

SB668,160 Section 160 . 224.728 (2) of the statutes is renumbered 224.35 (2) and amended to read:

SB668,102,3 224.35 (2) Channeling information. To reduce the points of contact that the division may have to maintain, and to facilitate compliance with the requirements under s. 224.725 (2) (c) any requirement that an applicant provide identity information, including a social security number or federal employer identification number, fingerprints, credit reports, or other personal history, the division may use the nationwide mortgage multistate licensing system and registry as a channeling agent for requesting and distributing information to and from any source so directed by the division, including the federal bureau of investigation, any state or federal department of justice, or any other governmental agency.

SB668,161 Section 161 . 224.728 (3) of the statutes is renumbered 224.35 (3) and amended to read:

SB668,102,9 224.35 (3) Challenge process. The division shall establish a process whereby mortgage loan originators persons holding licenses identified in sub. (1r) may challenge information maintained by the nationwide mortgage multistate licensing system and registry on behalf of the division.

SB668,162 Section 162 . 224.728 (4) of the statutes is renumbered 224.35 (4), and 224.35 (4) (a) (intro.), (b) and (c), as renumbered, are amended to read:

SB668,102,19 224.35 (4) (a) (intro.) If any information or material is considered confidential or privileged under federal or state law before it is provided or disclosed to the nationwide mortgage multistate licensing system and registry, it shall continue to be confidential or privileged after it is provided or disclosed to, and while maintained by, the nationwide mortgage multistate licensing system and registry, except to the extent federal or state law expressly provides otherwise and except as provided in par. (c). Confidential or privileged information or material under this paragraph is not subject to any of the following:

SB668,102,24 (b) Confidential or privileged information or material under par. (a) may be shared with any state or federal regulatory agency having supervisory authority over mortgage lending activities to which licenses identified in sub. (1r) apply without losing any right or protection of confidentiality or privilege under federal or state law.

SB668,103,5 (c) This subsection does not prohibit the nationwide mortgage multistate licensing system and registry from providing public access to information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators persons holding licenses identified in sub. (1r).

SB668,163 Section 163 . 224.728 (5) of the statutes is renumbered 224.35 (5) and amended to read:

SB668,103,12 224.35 (5) Cooperative arrangements. The division may enter into cooperative, coordinating, or information-sharing arrangements or agreements with other governmental agencies or with associations representing other governmental agencies, including the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators.

SB668,164 Section 164 . 224.74 (1) (a) of the statutes is amended to read:

SB668,103,19 224.74 (1) (a) Mortgage call report. Each mortgage banker, mortgage broker, and mortgage loan originator licensed under this subchapter, and each registered entity, shall submit to the nationwide mortgage multistate licensing system and registry reports of condition, which shall be in such form and contain such information as the nationwide mortgage multistate licensing system and registry may require.

SB668,165 Section 165 . 224.74 (2) (b) of the statutes is amended to read:

SB668,104,3 224.74 (2) (b) The division shall prepare a report for each investigation or examination conducted under this subsection. These reports, and correspondence regarding these reports, are confidential, except that the division may release these reports and correspondence in connection with a disciplinary proceeding conducted by the division, a liquidation proceeding, or a criminal investigation or proceeding. In addition, any information from these reports or correspondence may be provided to the nationwide mortgage multistate licensing system and registry and is not confidential to the extent specified in s. 224.728 224.35 (4) (b) and (c).

SB668,166 Section 166 . 224.755 (3) (a), (c) and (d) of the statutes are amended to read:

SB668,104,8 224.755 (3) (a) No education course may count toward the requirement under sub. (1) or (2) unless the course has been reviewed and approved by the nationwide mortgage multistate licensing system and registry based upon reasonable standards, including review and approval of the course provider.

SB668,104,16 (c) Subject to any rule promulgated under s. 224.72 (7) (bm) or 224.725 (5) (b), if If an individual was previously registered as a loan originator under s. 224.72, 2007 stats., or previously licensed as a mortgage loan originator under s. 224.725, the division may not issue or renew a mortgage loan originator license for the individual under s. 224.725 unless the individual satisfies the requirements under sub. (1) or (2) or demonstrates to the division's satisfaction that the individual has completed all education requirements applicable to the individual in the last year in which the individual's license or registration was valid.

SB668,104,21 (d) Except as provided in any rule promulgated under s. 224.72 (7) (bm) Unless expressly authorized by the division, a licensed mortgage loan originator may receive credit for a continuing education course only in the year in which the course is taken and may not take the same approved course in the same or successive years to meet the requirements under sub. (2).

SB668,167 Section 167 . 224.755 (4) (b) 1. of the statutes is amended to read:

SB668,105,2 224.755 (4) (b) 1. No test may satisfy the requirement under par. (a) unless the test is developed by the nationwide mortgage multistate licensing system and registry and administered by a test provider approved by the nationwide mortgage multistate licensing system and registry based upon reasonable standards.

SB668,168 Section 168 . 224.77 (1) (a) of the statutes is amended to read:

SB668,105,8 224.77 (1) (a) Make a material misstatement, or knowingly omit a material fact, in a license application or in other information or reports furnished to the division, to the nationwide mortgage multistate licensing system and registry, or to any other governmental agency, including failing to disclose a criminal conviction or any disciplinary action taken by a state or federal regulatory agency.

SB668,169 Section 169 . 224.77 (9) of the statutes is amended to read:

SB668,105,15 224.77 (9) Reporting violations. The division shall report regularly violations of this subchapter or of rules promulgated under this subchapter, as well as enforcement actions and other relevant information, to the nationwide mortgage multistate licensing system and registry. Except as provided in s. 224.728 224.35 (4) (b) and (c), these reports shall be confidential and are not subject to public copying or inspection under s. 19.35 (1).

SB668,170 Section 170 . 321.60 (1) (a) 12. of the statutes is amended to read:

SB668,105,20 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06 217.05, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

SB668,171 Section 171 . 422.202 (3) (c) of the statutes is amended to read:

SB668,105,24 422.202 (3) (c) A merchant may not, in the same transaction, be subject to the penalty in s. 138.09 (9) (b), 218.0161 (1), or 425.305 and the penalty in s. 425.304, based on the assessment of the same additional charges.

SB668,172 Section 172 . 946.79 (1) (a) of the statutes is amended to read:

SB668,106,6 946.79 (1) (a) “Financial institution" means a bank, savings bank, savings and loan association, credit union, loan company, sales finance company, insurance premium finance company, community currency exchange, seller of checks money transmitter, insurance company, trust company, securities broker-dealer, as defined in s. 551.102 (4), mortgage banker, mortgage broker, pawnbroker, as defined in s. 134.71 (1) (e), telegraph company, or dealer in precious metals, stones, or jewels.

SB668,173 Section 173 . DFI-Bkg 74.01 (1) of the administrative code is amended to read:

SB668,106,17 DFI-Bkg 74.01 (1) “Actual process of collection" means regularly receiving payments at periodic intervals, or debtor contacted within last 30 days and promise of payment received, or an account referred for legal actions where the collection agency has advanced legal costs. A collection agency and its client may by written contract agree to a different actual process of collection, but this different actual process of collection must require more effort on the part of the collection agency than merely listing the account, inputting the account into its database, writing one letter or making one call, or similar levels of effort. This subsection first applies to contractual relationships entered into between a collection agency and its client after March 1, 1993.

SB668,174 Section 174 . DFI-Bkg 74.01 (2) of the administrative code is repealed.

SB668,175 Section 175 . DFI-Bkg 74.01 (5m) of the administrative code is created to read:

SB668,106,21 DFI-Bkg 74.01 (5m) “Licensee” means a person licensed under s. 218.04, Stats.

SB668,176 Section 176 . DFI-Bkg 74.03 (title) of the administrative code is amended to read:

SB668,106,24 DFI-Bkg 74.03 (title) Office relocations and other Other changes.

SB668,177 Section 177 . DFI-Bkg 74.03 (1) of the administrative code is repealed.

SB668,178 Section 178. DFI-Bkg 74.03 (2) of the administrative code is amended to read:

SB668,107,19 DFI-Bkg 74.03 (2) Other changes. A licensee shall notify the division of any change to the information provided in the licensee's renewal license application or provided in a previous notice of change filed by the licensee with the division under this section. The notice shall be in writing and, except in the case of a relocation, be received by the division within 10 days after the change. Each licensee shall keep current and accurate all material information on file with the division and the nationwide multistate licensing system and registry as provided in s. 224.35 (6), Stats. The licensee shall provide any additional information, data, and records regarding the a change to the division within 20 days after the division requests the information, data, or records. Any change that is subject to the notice requirement shall be subject to the approval of the division. In reviewing the change or relocation, the division shall apply the same criteria as the criteria for approval of an original license application. Except in the case of a relocation, the division shall determine the cost of investigating and processing the change. The licensee shall pay the division's cost within 30 days after the division demands payment. If so directed by the division, the licensee shall provide any notice required under this subsection to the nationwide multistate licensing system and registry as provided in s. 224.35, Stats.

SB668,179 Section 179 . DFI-Bkg 74.04 (1) (intro.) of the administrative code is amended to read:

SB668,107,25 DFI-Bkg 74.04 (1) Agreement with creditor. (intro.) Prior to accepting accounts for collection from a creditor or earning or collecting a fee or commission, the licensee shall enter into a written agreement with the creditor. The agreement shall do all of the following:

SB668,180 Section 180. DFI-Bkg 74.05 (1) (intro.) of the administrative code is amended to read:

SB668,108,8 DFI-Bkg 74.05 (1) Remittance statement to be furnished each creditor. (intro.) Licensee shall provide a remittance statement and remit any and all money due to any and all creditors or forwarders within 30 days from on or before the last day of the month following the close of the month during which the collection was effected as provided in s. 218.04 (5) (a) 4., Stats. The remittance statement shall set forth all of the following:

SB668,181 Section 181 . DFI-Bkg 74.06 of the administrative code is renumbered DFI-Bkg 74.06 (2) and amended to read:

SB668,108,15 DFI-Bkg 74.06 (2) Each licensee shall deposit in a trust fund account in any approved financial institution promptly after collection, sufficient funds to pay all moneys due or owing all creditors or forwarders. The trust fund account shall be used only for this purpose. A licensee may maintain trust funds in an interest bearing savings account or instrument provided it is identified as a “trust account". account.”

SB668,108,19 (3) Sufficient funds shall be maintained in the trust account or trust accounts to pay all moneys due or owing all creditors or forwarders. For the purpose of determining sufficient funds, amounts collected by a 3rd party, but not yet deposited into the licensee's trust account, are not considered trust funds.