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Kentucky Department of Financial Institutions

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 Kentucky Overview logo

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.

Overview of the System

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 in Kentucky as well as in other participating states External Link - You are now leaving the .gov domain. .

Each licensed company has a single record in NMLS, regardless of the number of licenses it holds or the number of states in which it operates. Access is through a secure Web site, allowing the company to conveniently view license information, apply for new licenses, amend existing licenses and renew or surrender licenses throughout the year.

Licensees have access to the system 362 days a year, seven days a week with operational assistance available through a national call center. Applicants need a high-speed Internet connection to access the system.

Link to Nationwide Mortgage Licensing System home page

(Click on the above logo to visit the NMLS Web site at: www.stateregulatoryregistry.com/nmls External Link - You are now leaving the .gov domain. .)

Applying for a License or Registration in Kentucky

For first-time applicants getting started is easy. The NMLS Getting Started External Link - You are now leaving the .gov domain. page will walk you through the steps.

This involves creating an account for the company on NMLS, completing a company record (Form MU1); a record for each Control Person, such as an executive officer, qualified individual and branch manager (Form MU2); and a record for each licensed branch office (Form MU3).

Additionally, all individuals – loan originators and processors – must submit a Form MU4 through the NMLS.

 
Updating or Renewing a License or Registration in Kentucky

If your company already has an account on the NMLS, then renewing or updating a license in Kentucky merely involves filing your company’s NMLS record (Form MU1) and relevant branch records (Form MU3) through NMLS and mailing in the required jurisdiction-specific requirements. The same is true for individuals’ registrations. The NMLS Getting Started External Link - You are now leaving the .gov domain. page will walk you through the steps.

Review Kentucky DFI’s jurisdiction-specific items on the NMLS State Licensing Resource page External Link - You are now leaving the .gov domain.  or review the information below.

Click the links below to go directly to the appropriate section:

 

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 Mortgage Broker/Company: 

  1. Read Kentucky Revised Statutes (KRS) 286.8. Many applicants’ questions are answered in the statutes. For more information on changes made to the law through HB 106/the S.A.F.E. Act, visit DFI's Mortgage Law Changes page.
  2. Submit the application form online via NMLS External Link - You are now leaving the .gov domain. .
  3. Submit a surety bond.

The license renewal period is now on a calendar-year basis. All entities must renew by Nov. 30 each year.

The full licensing fee is $750 for the principal office and $400 for each branch office. For more information, read the following order. [PDF 459KB] Also there is an NMLS processing fee of $100 per principal office and $20 per branch.

If licenses are not renewed before the expiration, a $250 reinstatement fee is required.

Documents:

Branch Authorization Form [PDF 70KB]

Surety Bond for Mortgage Loan Company [PDF 60KB]

Surety Bond for Mortgage Loan Broker [PDF 60KB]

Mortgage Loan Company Loan File Checklist [PDF 61KB] *Revised January 2010

Mortgage Loan Broker Loan File Checklist [PDF 58KB] *Revised January 2010

State License Confirmation Form [PDF 63KB] 

Mortgage Examination Scheduling Policy [PDF 41KB]

For More Information:

Contact Pam Fitzgerald by e-mail or at 502-573-3390, ext. 255, with questions regarding applications, licensing, registration or exemptions.

For additional information, please refer to KRS 286.8.

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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.

For more information, read KRS 286.8. For more information on changes made to the law through HB 106/the S.A.F.E. Act, visit DFI's Mortgage Law Changes page.

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. [PDF 65KB]

PLEASE 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 must also have been approved by HUD for five years or have held a license for five consecutive years.

Documents:

HUD Exemption Application [PDF 115KB]

HUD Exempt - FHA Loans Report [PDF 47KB]

Nonprofit Mortgage Exemption Application [PDF 74KB]

For More Information:

Contact Pam Fitzgerald by e-mail or at 502-573-3390, ext. 255, with questions regarding applications, licensing, registration or exemptions.

Contact Chris Thompson by e-mail or at 502-573-3390, ext. 243, regarding regulatory or compliance questions.

For additional information, please refer to KRS 286.8.

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Mortgage Individual 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.

How to Register a New Loan Officer/Originator or Processor:

  1. Read KRS 286.8. Many applicants’ questions are answered in the statutes. For more information on changes made to the law through HB 106/the S.A.F.E. Act, visit DFI's Mortgage Law Changes page.
  2. Submit an electronic background check through NMLS.
  3. Complete 20 hours of pre-licensing education. For annual renewal, 12 hours of continuing education are required during that calendar year. For more details, visit the Mortgage Law Changes page.
  4. Pass the written national and state tests.
  5. Submit the application form online via NMLS External Link - You are now leaving the .gov domain. .  
  6. 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 [PDF 42K] dated Dec. 18, 2009.

NOTE: Before June 30, 2010, all individuals will be required to submit an electronic FBI background check through NMLS and pass written national and state tests. By Nov. 30, 2010, all individuals must submit an independent credit report. For more details, visit the Mortgage Law Changes page.

The registration renewal period is now on a calendar-year basis. All individuals must renew by Nov. 30 each year.

The full registration fee is $50. For more information, read the following order. [PDF 459KB] Also there is an NMLS processing fee of $30.

If registrations are not renewed before the expiration, there will be a $250 reinstatement fee required.

You will receive a letter in the mail stating your initial registration is approved. Retain the letter for your records, as this is your proof of registration. The status of renewals is available online.

Documents:

Criminal Background Check Requirements [PDF 73KB]
NOTE: Criminal background checks take approximately 14 to 16 weeks for the FBI to process.

Affidavit for Criminal Background Check [DOC 21KB]

Surety Bond for Mortgage Loan Originator ($15,000) [PDF 65KB]

Surety Bond for Mortgage Loan Originator ($20,000) [PDF 65KB]

Privacy Act Waiver [PDF 53KB]
NOTE: Only submit this form if DFI notifies you it is required after reviewing your application.

For More Information:

Contact Emily Draper by e-mail or at 502-573-3390, ext. 254, with any questions regarding applications, licensing, registration or exemptions.

For additional information, please refer to KRS 286.8.

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Mortgage Education Provider Application Process

NOTE: Beginning Nov. 1, 2009, all pre-licensing and continuing education providers and courses must be approved by the NMLS. For details go to the Course Providers  External Link - You are now leaving the .gov domain.  page of the NMLS Web site. 

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Department of Financial Institutions
1025 Capital Center Drive
Suite 200
Frankfort, KY 40601
Phone: 502-573-3390
Toll free: 800-223-2579
Fax: 502-573-0184
E-mail:
kfi@ky.gov

 

Related Content
 

Search - Search for a licensee.

File a Complaint

Mortgage Law Changes - Review how recent legislation affects Kentucky mortgage laws.

Mortgage Education Courses

Mortgage Enforcement Actions - Review past DFI actions and orders against mortgage companies and individuals.

Statutes and Regulations - Review Kentucky law and other information.

Links

Records Retention: Kentucky Administrative Regulations (KAR) incorporate federal books and records rules for depository institutions. Mortgage lenders and brokers should refer to the federal statute and to KRS 286.8-170.

 

Policy Statements
 

A new form is required for all mortgage borrowers through the Kentucky Homeownership Protection Center. ALL mortgage lenders, including banks, credit unions and consumer loan companies are required to use this form.

The Statement on Subprime Mortgage Lending [PDF 570KB] addresses emerging risks associated with certain subprime mortgage products and lending practices.

DFI expects all mortgage licensees to adopt the Guidance on Nontraditional Mortgage Product Risks. [PDF 101KB] Read DFI's policy statement here: Policy Statement Regarding Nontraditional Mortgage Products 11-30-06. [PDF 44KB]

 

NOTE: The downloadable documents on this page can be viewed with Adobe Acrobat Reader or Microsoft Word. If an alternative format is needed, contact Kelly May at 502-573-3390, ext. 252. If you have questions about the content of the documents or procedures for submitting, please contact the appropriate person noted in your section.


Last Updated 2/3/2010
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