224.71(4)(b)2.
2. A credit union which negotiates loans or any licensee under
ch. 138 which negotiates loans or any licensed attorney who, incidental to the general practice of law, negotiates or offers or attempts to negotiate a loan.
224.71(4)(b)3.
3. Employees of persons described in
subds. 1. to
2. if the employee is performing his or her duties as an employee.
224.71(5)
(5) "Table funding" means a transaction in which a person conducts a loan closing in the person's name with funds provided by a 3rd party and the person assigns the loan to the 3rd party within 24 hours of the loan closing.
224.71 History
History: 1987 a. 359;
1987 a. 403 s.
182; Stats. 1987 s. 440.71;
1989 a. 45;
1995 a. 27 s.
6590; Stats. 1995 s. 224.71;
1997 a. 27,
145.
224.71 Annotation
Wisconsin's new mortgage banking law. Thompson. Wis. Law. March 1989.
224.72
224.72
Registration of mortgage bankers, loan originators and mortgage brokers. 224.72(1)(a)
(a) "Net worth" means total tangible assets less total liabilities of a person, or, if the person is a natural person, total tangible assets less total liabilities exclusive of the person's principal residence and its furnishings and personal use vehicles.
224.72(1)(b)
(b) "Warehouse line of credit" means a line of credit to fund loans held for sale to other persons.
224.72(1m)
(1m) Registration required. A person may not act as a mortgage banker, loan originator or mortgage broker, use the title "mortgage banker", "loan originator" or "mortgage broker", or advertise or otherwise portray himself or herself as a mortgage banker, loan originator or mortgage broker, unless the person has been issued a certificate of registration from the division.
224.72(2)
(2) Applying for registration. A person desiring to act as a mortgage banker, loan originator or mortgage broker shall apply for a certificate of registration to the division on forms prescribed by the division and shall pay the fee specified in rules promulgated under
sub. (8). An application shall satisfy all of the following:
224.72(2)(a)
(a)
Verified. The applicant shall verify the application, and if the applicant is a partnership, limited liability company or corporation, the application shall be verified as follows:
224.72(2)(a)2.
2. By at least 2 officers of the corporation who have authority to verify the application.
224.72(2)(a)3.
3. By at least 2 members of the limited liability company.
224.72(2)(b)
(b)
Identity of partner, member or officer. If the applicant is a partnership, limited liability company or corporation, the application shall identify each partner, member or officer who will use the title "mortgage banker", "loan originator" or "mortgage broker".
224.72(2)(c)
(c)
Social security and federal employer identification numbers. 224.72(2)(c)1.1. Except as provided in
par. (d), an application shall include the following:
224.72(2)(c)1.a.
a. In the case of an individual, the individual's social security number.
224.72(2)(c)1.b.
b. In the case of a person that is not an individual, the person's federal employer identification number.
224.72(2)(c)2.
2. The department may not disclose any information received under
subd. 1. to any person except as follows:
224.72(2)(c)2.a.
a. The department may disclose information under
subd. 1. to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
224.72(2)(c)2.b.
b. The department may disclose information under
subd. 1. a. to the department of workforce development in accordance with a memorandum of understanding under
s. 49.857.
224.72(2)(d)1.1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a registration under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.
224.72(2)(d)2.
2. Any certificate of registration issued or renewed in reliance upon a false statement submitted by an applicant under
subd. 1. is invalid.
224.72(3)
(3) Additional requirement for loan originator applicant. In addition to the requirements of
sub. (2), an applicant for registration as a loan originator shall include in the application the name of the mortgage banker or mortgage broker who will employ the loan originator.
224.72(4)
(4) Additional requirement for mortgage banker applicant. 224.72(4)(a)(a)
With a bona fide office. In addition to the requirements of
sub. (2), an applicant for registration as a mortgage banker who maintains a bona fide office shall do at least one of the following:
224.72(4)(a)1.
1. `Approval by federal agency.' Submit evidence which shows, to the division's satisfaction, that one or more of the following have approved the applicant as a mortgagee:
224.72(4)(a)2.
2. `File a bond.' File with the division a commercial surety bond which is in the amount of $25,000, is issued by a surety company authorized to do business in this state, secures the applicant's faithful performance of all duties and obligations of a mortgage banker, is payable to the division for the benefit of persons to whom the mortgage banker provided services as a mortgage banker, is issued on a form that is acceptable to the division and provides that the bond may not be terminated without at least 30 days' written notice to the division.
224.72(4)(a)3.
3. `Other bond or guarantee.' File a personal bond or 3rd-party guarantee in the amount of $25,000 in a form acceptable to the division and secured by one of the following forms of security:
224.72(4)(a)3.c.
c. An irrevocable bank letter of credit issued by a financial institution that is authorized to do business in this state or that is federally chartered.
224.72(4)(a)4.
4. `Minimum net worth.' Submit evidence that establishes, to the division's satisfaction, a minimum net worth of $25,000 and a warehouse line of credit of not less than $250,000 or a minimum net worth of $100,000. Evidence of net worth shall include the submission of a balance sheet that is accompanied by a written statement by an independent certified public accountant attesting that he or she has reviewed the balance sheet in accordance with generally accepted accounting principles.
224.72(4)(d)
(d)
Without a bona fide office. In addition to the requirements of
sub. (2), an applicant for registration as a mortgage banker who does not maintain a bona fide office shall do all of the following:
224.72(4)(d)1.
1. `File a bond.' File with the division a commercial surety bond that is in the amount of $300,000, is issued by a surety company authorized to do business in this state, secures the applicant's faithful performance of all duties and obligations of a mortgage banker, is payable to the division for the benefit of persons to whom the mortgage banker provided services as a mortgage banker, is issued on a form that is acceptable to the division and provides that the bond may not be terminated without at least 30 days' written notice to the division.
224.72(4)(d)2.
2. `Minimum net worth.' Submit evidence that establishes, to the division's satisfaction, a minimum net worth of $250,000. Evidence of net worth shall include the submission of a balance sheet that is accompanied by a written statement by an independent certified public accountant attesting that he or she has reviewed the balance sheet in accordance with generally accepted accounting principles.
224.72(4m)
(4m) Additional requirement for mortgage broker applicant. 224.72(4m)(a)(a)
With a bona fide office. In addition to the requirements of
sub. (2), an applicant for registration as a mortgage broker who maintains a bona fide office shall do at least one of the following:
224.72(4m)(a)1.
1. `File a bond.' File with the division a commercial surety bond that is in the amount of $10,000, is issued by a surety company authorized to do business in this state, secures the applicant's faithful performance of all duties and obligations of a mortgage broker, is payable to the division for the benefit of persons to whom the mortgage broker provided services as a mortgage broker, is issued on a form that is acceptable to the division and provides that the bond may not be terminated without at least 30 days' written notice to the division.
224.72(4m)(a)2.
2. `Other bond or guarantee.' File a personal bond or 3rd-party guarantee in the amount of $10,000 in a form acceptable to the division and secured by one of the following forms of security:
224.72(4m)(a)2.c.
c. An irrevocable bank letter of credit issued by a financial institution that is authorized to do business in this state or that is federally chartered.
224.72(4m)(a)3.
3. `Minimum net worth.' Submit evidence that establishes, to the division's satisfaction, a minimum net worth of $100,000. Evidence of net worth shall include the submission of a balance sheet that is accompanied by a written statement by an independent certified public accountant attesting that he or she has reviewed the balance sheet in accordance with generally accepted accounting principles.
224.72(4m)(b)
(b)
Without a bona fide office. In addition to the requirements of
sub. (2), an applicant for registration as a mortgage broker who does not maintain a bona fide office shall do all of the following:
224.72(4m)(b)1.
1. `File a bond.' File with the division a commercial surety bond that is in the amount of $120,000, is issued by a surety company authorized to do business in this state, secures the applicant's faithful performance of all duties and obligations of a mortgage broker, is payable to the division for the benefit of persons to whom the mortgage broker provided services as a mortgage broker, is issued on a form that is acceptable to the division and provides that the bond may not be terminated without at least 30 days' written notice to the division.
224.72(4m)(b)2.
2. `Minimum net worth.' Submit evidence that establishes, to the division's satisfaction, a minimum net worth of $250,000. Evidence of net worth shall include the submission of a balance sheet that is accompanied by a written statement by an independent certified public accountant attesting that he or she has reviewed the balance sheet in accordance with generally accepted accounting principles.
224.72(4n)
(4n) Security held by the division; release. The division or its agent shall hold security filed under
subs. (4) (a) 3. and
(4m) (a) 2. The security shall remain in effect, and the division may not release it, until all of the following conditions are met:
224.72(4n)(a)
(a) A period of 180 days has elapsed since at least one of the following:
224.72(4n)(a)1.
1. The date on which the mortgage banker or mortgage broker gives notice to the division that the mortgage banker or mortgage broker is no longer acting as a mortgage banker or mortgage broker.
224.72(4n)(a)2.
2. The date on which the mortgage banker's or mortgage broker's registration expires or is revoked.
224.72(4n)(b)
(b) The division determines that the mortgage banker or mortgage broker is no longer in business.
224.72(4n)(c)
(c) The division determines that all claims of persons to whom the mortgage banker or mortgage broker provided services as a mortgage banker or mortgage broker have been satisfied.
224.72(4r)
(4r) Insufficient security; division order; suspension of registration. If the division finds that the surety bond, security or insurance policy filed by a mortgage banker or mortgage broker has been canceled without the required notice to the division, the division may summarily suspend the mortgage banker's or mortgage broker's registration.
224.72(5)(a)(a)
Loan originator. Except as provided in
sub. (7m), upon receiving a properly completed application for registration as a loan originator and the fee specified in rules promulgated under
sub. (8), the division may issue to the applicant a certificate of registration as a loan originator.
224.72(5)(b)
(b)
Mortgage banker and mortgage broker. Except as provided in
sub. (7m), upon receiving a properly completed application for registration as a mortgage banker or a mortgage broker, the fee specified in rules promulgated under
sub. (8) and satisfactory evidence of compliance with
subs. (4) and
(4m), the division may issue to the applicant a certificate of registration as a mortgage banker or mortgage broker.
224.72(7)(a)(a) A loan originator, mortgage broker or mortgage banker shall renew a certificate of registration by submitting to the division a renewal application and the renewal fee specified in rules promulgated under
sub. (8) on or before the renewal date specified in rules promulgated under
sub. (8).
224.72(7)(b)
(b) An applicant for renewal of a certificate of registration as a mortgage banker shall, as part of the application, do the following:
224.72(7)(b)2.
2. For a mortgage banker who does not maintain a bona fide office, refile a bond that satisfies
sub. (4) (d) 1. and resubmit evidence that satisfies
sub. (4) (d) 2.
224.72(7)(c)
(c) An applicant for renewal of a certificate of registration as a mortgage broker shall, as part of the application, do the following:
224.72(7)(c)2.
2. For a mortgage broker who does not maintain a bona fide office, refile a bond that satisfies
sub. (4m) (b) 1. and resubmit evidence that satisfies
sub. (4m) (b) 2.
224.72(7m)
(7m) Denial of application for issuance or renewal of registration. The department may not issue or renew a certificate of registration under this section if any of the following applies:
224.72(7m)(a)
(a) The applicant for the issuance or renewal has failed to provide any information required under
sub. (2) (c) 1.
224.72(7m)(b)
(b) The department of revenue has certified under
s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a certificate of registration is denied under this paragraph for delinquent taxes is entitled to a notice under
s. 73.0301 (2) (b) 1. b. and hearing under
s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.
224.72(7m)(c)
(c) The applicant for the issuance or renewal is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under
s. 49.857. An applicant whose registration is not issued or renewed under this paragraph for delinquent payments is entitled to a notice and hearing under
s. 49.857 but is not entitled to any other notice or hearing under this section.
224.72(8)
(8) Registration period; fees. The division shall promulgate rules establishing the registration period and the registration fees for loan originators, mortgage bankers and mortgage brokers.
224.72 History
History: 1987 a. 359;
1987 a. 403 ss.
182,
256; Stats. 1987 s. 440.72;
1989 a. 45;
1991 a. 39;
1993 a. 112;
1995 a. 27 ss.
6210,
6527m,
6528m,
6535m,
6591 to
6593; Stats. 1995 s. 224.72;
1995 a. 465;
1997 a. 27,
35,
145,
191,
237,
252;
1999 a. 9,
32.
224.73
224.73
Relationship between loan originator and either a mortgage banker or a mortgage broker. 224.73(1)(1)
Responsibility for loan originator. A mortgage banker or a mortgage broker is responsible for, and shall supervise the acts of, a loan originator who registers under
s. 224.72 (3) as an employee of the mortgage banker or mortgage broker. A mortgage banker or mortgage broker is also responsible for, and shall supervise the acts of, a loan originator or any other person who otherwise acts on behalf of the mortgage banker or the mortgage broker.
224.73(2)
(2) Restriction on loan originator. If the division suspends or revokes a mortgage banker's or a mortgage broker's certificate of registration, a loan originator may not act on behalf of that mortgage banker or mortgage broker during the period of suspension or revocation.
224.73(3)
(3) Transfer by loan originator. A registered loan originator may at any time apply, on forms prescribed and provided by the division, to transfer employment to another registered mortgage banker or mortgage broker. The division shall promulgate rules establishing a fee for a transfer application under this subsection.
224.73 History
History: 1987 a. 359;
1987 a. 403 ss.
182,
256; Stats. 1987 s. 440.73;
1991 a. 39;
1995 a. 27 s.
6594; Stats. 1995 s. 224.73;
1997 a. 145.
224.74
224.74
Division's review of the operations of a loan originator, mortgage broker or mortgage banker. 224.74(1)(a)(a)
Annual report. Except as provided in
par. (b), each year, on a date specified by the division and in a form required by the division, a mortgage banker or mortgage broker shall submit to the division an annual report relating to the mortgage banker's or mortgage broker's operations during its most recently completed fiscal year.
224.74(1)(b)
(b)
Audit requirement. Each year, no later than 6 months following the end of its most recently completed fiscal year, a mortgage banker or mortgage broker that qualified for registration under
s. 224.72 (4) (a) 4. or
(d) or
(4m) (a) 3. or
(b), shall submit a copy of an audit of the mortgage banker's or mortgage broker's operations during that fiscal year. An audit under this paragraph shall be conducted by an independent certified public accountant in accordance with generally accepted auditing standards. The financial statements in the audit report shall be prepared in accordance with generally accepted accounting principles.
224.74(1)(c)
(c)
Audits requested by the division. The division may request that a mortgage banker or mortgage broker obtain an audit of the mortgage banker's or mortgage broker's operations if the division has reason to believe that the mortgage banker or mortgage broker may not have sufficient financial resources to meet its obligations to its clients or investors or to other persons directly affected by the activities conducted by the mortgage banker or mortgage broker under the certificate of registration granted by the division. If the division requests an audit under this paragraph, the mortgage banker or mortgage broker shall have the audit completed no later than 90 days after the date of the division's request. The mortgage banker or mortgage broker shall submit the audit report to the division no later than 5 days after the date on which the audit is completed. An audit under this paragraph shall be conducted by an independent certified public accountant in accordance with generally accepted auditing standards. The financial statements in the audit report shall be prepared in accordance with generally accepted accounting principles.
