224.725(1m)(b)
(b) An employee of a federal, state, or local government agency or housing finance agency who acts as a mortgage loan originator only pursuant to his or her official duties as an employee of the federal, state, or local government agency or housing finance agency.
224.725(1m)(c)
(c) An individual engaged solely as a loan processor or underwriter, unless the individual is an independent contractor or represents to the public, through advertising or another means of communication such as the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.
224.725(1m)(d)
(d) An individual who performs real estate brokerage activities only and is licensed under s.
452.03, unless the individual is compensated by a lender, mortgage broker, or another mortgage loan originator or by any agent of a lender, mortgage broker, or another mortgage loan originator.
224.725(1m)(e)
(e) An individual solely involved in extensions of credit relating to time-share plans, as defined in
11 USC 101 (53D).
224.725(1m)(f)
(f) An employee of a bona fide nonprofit organization who acts as a mortgage loan originator only in connection with his or her work duties to the bona fide nonprofit organization and only with respect to residential mortgage loans with terms that are favorable to the borrower.
224.725(1m)(g)
(g) A licensed attorney who undertakes activities described in s.
224.71 (6) if all of the following apply:
224.725(1m)(g)1.
1. These activities are considered by the Wisconsin Supreme Court to be part of the authorized practice of law within Wisconsin.
224.725(1m)(g)2.
2. These activities are carried out within an attorney-client relationship.
224.725(1m)(g)3.
3. The attorney carries out the activities in compliance with all applicable laws, rules, and ethics standards.
224.725(1r)
(1r) Employment transition; temporary authority. 224.725(1r)(a)(a) An individual who was a registered mortgage loan originator immediately prior to becoming employed by, and who remains employed by, a mortgage banker or mortgage broker licensed under this subchapter and who has applied to the division for a mortgage loan originator license is considered to have temporary authority to act as a mortgage loan originator under this subchapter, for the period specified in par.
(c), if all of the following apply:
224.725(1r)(a)1.
1. The individual has not previously had an application for a mortgage loan originator license denied.
224.725(1r)(a)2.
2. The individual has not previously had a mortgage loan originator license suspended or revoked in any governmental jurisdiction.
224.725(1r)(a)3.
3. The individual has not been subject to, or served with, a cease and desist order in any governmental jurisdiction or by the director of the federal bureau of consumer financial protection under
12 USC 5113 (c).
224.725(1r)(a)4.
4. The individual has not been convicted of any crime that disqualifies the individual under sub.
(3) (b) from issuance of a license.
224.725(1r)(a)5.
5. The individual was registered with the nationwide mortgage 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).
224.725(1r)(b)
(b) An individual who is licensed as a mortgage loan originator in another state, who is employed by a mortgage banker or mortgage broker licensed under this subchapter, and who has applied to the division for a mortgage loan originator license is considered to have temporary authority to act as a mortgage loan originator under this subchapter, for the period specified in par.
(c), if all of the following apply:
224.725(1r)(b)2.
2. The individual was licensed in another state during the 30-day period immediately preceding the date on which the individual furnished the information required under sub.
(2) (c).
224.725(1r)(c)1.1. 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 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.
224.725(1r)(c)2.
2. The period that begins under subd.
1. shall end on the earliest of the following:
224.725(1r)(c)2.a.
a. The date on which the individual withdraws the application for a mortgage loan originator license.
224.725(1r)(c)2.b.
b. The date on which the division denies, or issues a notice of intent to deny, the application for a mortgage loan originator license.
224.725(1r)(c)2.c.
c. The date on which the division grants to the individual a mortgage loan originator license.
224.725(1r)(c)2.d.
d. If the individual's application is listed on the nationwide mortgage 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.
224.725(1r)(d)1.1. Any person employing an individual who is considered to have temporary authority to act as a mortgage loan originator under this subsection shall be subject to the requirements of this subchapter to the same extent as if that individual were a licensed mortgage loan originator.
224.725(1r)(d)2.
2. Any individual who is considered to have temporary authority to act as a mortgage loan originator under this subsection and who engages in any activity described in s.
224.71 (6) (c) and
(d) shall be subject to the requirements of this subchapter to the same extent as if the individual were a licensed mortgage loan originator.
224.725(2)(a)
(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 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.
224.725(2)(b)1.1. Except as provided in subd.
2., an application shall include the individual's social security number. The division may not disclose the individual's social security number to any person except as follows:
224.725(2)(b)1.a.
a. The division may disclose the social security number to the department of revenue for the sole purpose of requesting certifications under s.
73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s.
108.227.
224.725(2)(b)1.b.
b. The division may disclose the social security number to the department of children and families in accordance with a memorandum of understanding under s.
49.857.
224.725(2)(b)2.
2. If an individual does not have a social security number, the individual, as a condition of applying for, or applying to renew, a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the individual does not have a social security number. The form of the statement shall be prescribed by the department of children and families. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.
224.725(2)(c)
(c) Any applicant for a license under this section shall furnish to the nationwide mortgage licensing system and registry information concerning the applicant's identity, including all of the following:
224.725(2)(c)1.
1. Fingerprints for submission to the federal bureau of investigation and to any governmental agency or entity authorized to receive this information, for purposes of a state, national, and international criminal history background check.
224.725(2)(c)2.
2. Personal history and experience in a form prescribed by the nationwide mortgage licensing system and registry, including the submission of authorization for the nationwide mortgage licensing system and registry and the division to obtain all of the following:
224.725(2)(c)2.b.
b. Any information related to any administrative, civil, or criminal findings by any governmental jurisdiction.
224.725(3)
(3) Issuance of license. Except as provided in sub.
(6), upon the filing of an application for a mortgage loan originator license and the payment of the fee specified in rules promulgated under sub.
(8), the division may issue to the applicant a mortgage loan originator license if the division finds that all of the following apply:
224.725(3)(a)
(a) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, unless the revocation was subsequently and formally vacated.
224.725(3)(b)
(b) The applicant has not been convicted of, or pled guilty or no contest to, a felony in a domestic, foreign, or military court during the 7-year period preceding the date of the application or, for a felony involving an act of fraud, dishonesty, breach of trust, or money laundering, at any time preceding the date of the application. With respect to any conviction for which the applicant has received a pardon or expungement of the conviction, the pardoned or expunged conviction shall not result in an automatic denial or revocation of a mortgage loan originator license. The division may consider the underlying crime, facts, or circumstances of a pardoned or expunged felony conviction when determining the eligibility of an applicant for licensure under this paragraph and par.
(c).
224.725(3)(c)
(c) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this subchapter. For purposes of this paragraph, an individual has shown that he or she is not financially responsible if he or she has shown a disregard in the management of his or her own financial condition. In making a finding related to an applicant's financial responsibility for purposes of this paragraph, the division may consider whether the applicant has current outstanding judgments other than those resulting from medical expenses, has current outstanding tax liens or other government liens and filings, or has, within the past 3 years, any pattern of seriously delinquent accounts.
224.725(3)(f)
(f) The applicant has met the surety bond requirement under sub.
(4).
224.725(4)(a)
(a) Each mortgage loan originator shall be covered by a surety bond in accordance with this subsection. A surety bond of a mortgage banker, mortgage broker, or registered entity meeting the requirements of par.
(b) and s.
224.72 (4) (am) or
224.722 (1) may satisfy the requirement under this paragraph for a mortgage loan originator who is sponsored by the mortgage banker, mortgage broker, or registered entity.
224.725 Note
NOTE: The cross-reference to s. 224.72 (4) (am) was changed from s. 224.72 (4) (a) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 224.72 (4) (a) 2.
224.725(4)(b)
(b) The penal sum of the surety bond shall provide coverage for each mortgage loan originator in an amount that reflects the dollar amount of residential mortgage loans originated by the mortgage loan originator, as determined by the division.
224.725(4)(c)
(c) The surety bond shall be in a form prescribed, and satisfy all requirements established, by rule of the division.
224.725(4)(d)
(d) When an action is commenced on a mortgage loan originator's surety bond, the division may require the filing of a new surety bond. If an action results in recovery on a mortgage loan originator's surety bond, the mortgage loan originator shall immediately file a new surety bond.
224.725(5)(a)
(a) A mortgage loan originator may apply to renew 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:
224.725(5)(a)1.
1. The mortgage loan originator continues to meet the minimum standards for license issuance under sub.
(3).
224.725(5)(b)
(b) The license of a mortgage loan originator who fails to satisfy the minimum standards for license renewal shall expire. The division may, by rule, provide for the reinstatement of expired licenses consistent with the standards established by the nationwide mortgage licensing system and registry.
224.725(6)
(6) Denial of application for certain reasons. The division may not issue or renew a license under this section if any of the following applies:
224.725(6)(a)
(a) The applicant for the issuance or renewal has failed to provide the information required under sub.
(2) (b).
224.725(6)(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 license 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.
224.725(6)(bm)
(bm) The department of workforce development has certified under s.
108.227 that the applicant is liable for delinquent unemployment insurance contributions. An applicant whose application for issuance or renewal of a license is denied under this paragraph for delinquent unemployment insurance contributions is entitled to a notice under s.
108.227 (2) (b) 1. b. and hearing under s.
108.227 (5) (a) but is not entitled to any other notice or hearing under this section.
224.725(6)(c)
(c) The applicant for the issuance or renewal has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families 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 license 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.
224.725(8)
(8) License period; fees. The division shall promulgate rules establishing the license period and the license fees for mortgage loan originators. The fees shall be no less than $250 annually. The rules may not require a license fee for an individual who is eligible for the veterans fee waiver program under s.
45.44.
224.725 History
History: 2009 a. 2 ss.
607,
621,
634;
2009 a. 386;
2011 a. 209;
2013 a. 36;
2013 a. 360 ss.
19 to
21,
37 to
41,
44;
2019 a. 65; s. 13.92 (1) (bm) 2.
224.725 Cross-reference
Cross-reference: See also chs.
DFI-Bkg 40 and
41, Wis. adm. code.
224.728
224.728
Nationwide mortgage licensing system and registry and cooperative arrangements. 224.728(1)(a)(a) The division shall participate in the nationwide mortgage licensing system and registry. The division may establish relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees under this subchapter. With respect to any form, fee, or other information related to the initial issuance or renewal of a mortgage loan originator license under this subchapter, the division may require that any applicant submit such form, fee, or other information directly to the nationwide mortgage licensing system and registry and may authorize the nationwide mortgage licensing system and registry to perform any function under this subchapter related to the licensing of mortgage loan originators in this state.
224.728(1)(b)
(b) The division may provide to the nationwide mortgage licensing system and registry any information relating to an applicant for initial issuance or renewal of a mortgage loan originator license that the division and the nationwide mortgage 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 licensing system and registry.
224.728(1)(c)
(c) The division may rely on the nationwide mortgage licensing system and registry to establish any dates relating to application or reporting deadlines for mortgage loan originators, to establish requirements for amending or surrendering mortgage loan originator licenses, or to establish any other requirements applicable to mortgage loan originators licensed under this subchapter to the extent the requirements are a condition of the state's participation in the nationwide mortgage licensing system and registry.
224.728(2)
(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), the division may use the nationwide mortgage 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.
224.728(3)
(3) Challenge process. The division shall establish a process whereby mortgage loan originators may challenge information maintained by the nationwide mortgage licensing system and registry on behalf of the division.
224.728(4)(a)
(a) 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 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 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:
224.728(4)(a)1.
1. Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of federal or state government.
224.728(4)(a)2.
2. Subpoena or discovery, or admission into evidence, in any private civil action or administrative proceeding, unless the person to whom the information or material pertains waives any right or protection of confidentiality or privilege in the information or material.
224.728(4)(b)
(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 without losing any right or protection of confidentiality or privilege under federal or state law.
224.728(4)(c)
(c) This subsection does not prohibit the nationwide mortgage 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.
224.728(5)
(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.
224.728 History
History: 2009 a. 2.
224.73
224.73
Relationship between mortgage loan originator and a mortgage banker, mortgage broker, or registered entity; branch offices. 224.73(1)(1)
Responsibility for mortgage loan originator. A mortgage banker, mortgage broker, or registered entity is responsible for, and shall supervise the acts of, a mortgage loan originator or any other person who otherwise acts on behalf of the mortgage banker, mortgage broker, or registered entity.
224.73(2)
(2) Restriction on mortgage loan originator. 224.73(2)(a)(a) If the division suspends or revokes a mortgage banker's or mortgage broker's license or a registered entity's registration, a mortgage loan originator may not act on behalf of that mortgage banker, mortgage broker, or registered entity during the period of suspension or revocation.
224.73(2)(b)
(b) A mortgage loan originator may act on behalf of only the mortgage banker, mortgage broker, or registered entity with which that mortgage loan originator's license is associated in the records of the division. A mortgage loan originator's license may only be associated with one mortgage banker, mortgage broker, or registered entity at a time.
224.73(3)
(3) Transfer by mortgage loan originator.
