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Public Protection Cabinet

Mortgage Licensing and Exemptions

The Kentucky Department of Financial Institutions (DFI) has been a part of the Nationwide Mortgage Licensing System (NMLS) since its launch in 2008. NMLS is a collaborative effort among state regulators to bring greater efficiency and accountability to the supervision of the mortgage industry.
 
NMLS is a secured, Web-based system that allows state licensees, companies, branches, loan officers and processors to apply for, amend, update or renew licenses online. Each licensed company has a single record in NMLS, which is accessible through a secure website available 362 days a year, seven days a week. Operational assistance is available through a national call center at 240-386-4444.
 
All mortgage entities and individuals must use the NMLS for licensing and registration. Exempt companies do not have to use NMLS; however, the individuals working for exempt companies must use NMLS.
 
Mortgage Broker and Company Licenses 
 
Mortgage bankers, servicers and brokers are licensed to make, purchase, buy, sell, service and broker Kentucky residential mortgages. If an out-of-state branch is doing Kentucky business, it must be licensed with DFI.
 
How to License a New Mortgage Broker/Company: 
  1. Read Kentucky Revised Statutes (KRS) 286.8.
  2. Submit the application form online via NMLS.
  3. Submit a surety bond.
The full licensing fee is $750 for the principal office and $400 for each branch office. Also there is an NMLS processing fee of $100 per principal office and $20 per branch.
 
How to Renew a Mortgage Broker/Company License: 
  1. Read Kentucky Revised Statutes (KRS) 286.8.
  2. Submit renewal online via NMLS.
  3. Submit the Annual Mortgage Activity Report.
The license renewal period is now on a calendar-year basis. All entities must renew by Nov. 30 each year. The renewal fee is $350 for the principal office and $250 for each branch office. Also there is an NMLS processing fee of $100 per principal office and $20 per branch. If licenses are not renewed before the expiration, there will be a 30-day reinstatement period, for which a $250 fee will be charged.
 
For more information email Pam Fitzgerald or call 502-573-3390, ext. 255 with questions regarding mortgage broker and company licenses, as well as companies filing a claim of exemption.
 
Companies Filing a Claim of Exemption (HUD and Nonprofit)
 
Mortgage bankers, servicers and brokers approved by HUD shall register their exemption. Exemptions will expire annually on Dec. 31 and must be renewed prior to that date. For more information, read KRS 286.8
 
HUD-exempt entities (mortgage lenders, brokers and branches) must report annually the number of FHA-insured mortgage loans that were originated on Kentucky properties during the preceding calendar year. For more information, read DFI's HUD-Exempt Entities Compliance Procedures for Changes to KRS 286.8 on the Orders of the Commissioner Web page.
 
NOTE: Entities that have previously surrendered a HUD exemption or have had a HUD exemption revoked for failure to meet the 12 FHA-insured loan requirement set forth in KRS 286.8-020(4) are not eligible to reapply for another HUD exemption unless certain conditions are met. An entity must become licensed and fund or broker a minimum of 12 FHA-insured loans originated on Kentucky properties in a single calendar year in order to reacquire a HUD exemption once it is surrendered or revoked. In addition to brokering 12 FHA-insured loans, the entity also must have been approved by HUD for five years or have held a license for five consecutive years.
 
Mortgage Originator and Processor Registrations
 
All loan originators (loan officers) of licensed entities and HUD-approved mortgage companies and/or mortgage brokers are required to be registered. Out-of-state loan officers and brokers assisting Kentucky clients must be registered with DFI. Also, processors must be registered in order to transact business.
 
NOTE: Individuals working for nonprofit entities may be exempt from registration. For more information, read the orders of the commissioner dated Jan. 5, 2012 and Aug. 1, 2011.
 
How to Register a New Loan Officer/Originator or Processor:
  1. Read KRS 286.8.
  2. Submit an electronic background check through NMLS.
  3. Complete 20 hours of pre-licensing education.
  4. Pass the written national and state tests.
  5. Submit the application form online via NMLS.  
  6. Consent to a credit report through NMLS. For more details, read 808 KAR 12:021. Applicants who have a credit score of 600 or better meet the financial responsibility requirement.
  7. All mortgage loan originators must be covered by a surety bond, either through their employer or independently, for their entire registration period. The bond cannot be terminated without 30 days prior written notice to DFI. Mortgage loan originators with an annual loan volume of less than $10 million must have a $15,000 surety bond. Those with an annual loan volume of greater than $10 million must have a $20,000 surety bond. For more information, read the order of the commissioner dated Dec. 18, 2009.

The registration fee is $50. Also there is an NMLS processing fee of $30. You will receive an email from NMLS upon approval of your registration. The status of renewals is available online.

 How to Renew a Loan Officer/Originator or Processor Registration:
  1. Read KRS 286.8.
  2. Complete 12 hours of continuing education during the calendar year.
  3. Submit renewal online via NMLS
  4. Submit the Annual Mortgage Activity Report if using an individual bond rather than an entity bond.
The registration renewal period is now on a calendar-year basis. All individuals must renew by Nov. 30 each year. The renewal fee is $50. Also there is an NMLS processing fee of $30. If registrations are not renewed before the expiration, there will be a 30-day reinstatement period, for which a $250 fee will be charged. You will receive an email from NMLS upon approval of your registration. The status of renewals is available online
 
For more information, email Emily McDonald or call 502-573-3390, ext. 254 or email Jackie Stahmann or call 502-573-3390, ext. 239 with questions regarding mortgage individual or processor registrations. 
 
Examination
 
The examination process for mortgage loan brokers and companies licensed in Kentucky has been enhanced. A document [PDF 89KB] to highlight these changes was sent via email to the NMLS contact provided for all licensed entities on April 1, 2011. For more information, email compliance district manager Gary Davis or call 502-429-3290, ext. 237.

 

 Mortgage Documents

 
  
  
  
  
Annual Mortgage Activity Report.docAnnual Mortgage Activity ReportBroker/Company, Individual/Processor324 KB
Branch Authorization Form.pdfBranch Authorization FormBroker/Company71 KB
Disclosure of Location at a Residence Form.pdfDisclosure of Location at a Residence FormBroker/Company70 KB
HUD Exempt - FHA Loans Report.pdfHUD Exempt - FHA Loans ReportExempt48 KB
HUD Exemption Application.pdfHUD Exemption ApplicationExempt116 KB
Mortgage Examination Scheduling Policy.pdfMortgage Examination Scheduling PolicyBroker/Company42 KB
Mortgage Loan Broker Loan File Checklist.pdfMortgage Loan Broker Loan File ChecklistBroker/Company59 KB
Mortgage Loan Company Loan File Checklist.pdfMortgage Loan Company Loan File ChecklistBroker/Company62 KB
Nonprofit Mortgage Exemption Application.pdfNonprofit Mortgage Exemption ApplicationExempt88 KB
Notification of Cessation of Business, Location of Physical Records and Records Custodian Disclosure.pdfNotification of Cessation of Business, Location of Physical Records and Records Custodian DisclosureBroker/Company31 KB
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