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Oklahoma Legislature· HB 1883Referred to Business

An act relating to professions and occupations, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1883                 By: May

4

5

6                   AS INTRODUCED

7   An Act relating to professions and occupations;

    amending 59 O.S. 2021, Section 2095.6, as amended by

8   Section 4, Chapter 218, O.S.L. 2024 (59 O.S. Supp.

    2024, Section 2095.6), which relates to mortgage

9   lender licensing and registration; modifying the

    annual fee for mortgage broker licenses; and

10  providing an effective date.

11

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  59 O.S. 2021, Section 2095.6, as

16 amended by Section 4, Chapter 218, O.S.L. 2024 (59 O.S. Supp. 2024,

17 Section 2095.6), is amended to read as follows:

18  Section 2095.6. A. Applicants for a license shall apply on a

19 form as prescribed by the Administrator of Consumer Credit.

20  B. In order to fulfill the purposes of the Oklahoma Secure and

21 Fair Enforcement for Mortgage Licensing Act, the Administrator is

22 authorized to establish relationships or contracts with the

23 Nationwide Multistate Licensing System and Registry or other

24 entities designated by the Nationwide Multistate Licensing System

    Req. No. 12182                                               Page 1
1 and Registry to collect and maintain records and process transaction

2 fees or other fees related to licensees or other entities or

3 individuals subject to the Oklahoma Secure and Fair Enforcement for

4 Mortgage Licensing Act.

5   C. In connection with an application for licensing as a

6 mortgage loan originator, the applicant shall, at a minimum, furnish

7 to the Nationwide Multistate Licensing System and Registry

8 information concerning the applicant's identity including:

9   1. Fingerprints for submission to the Federal Bureau of

10 Investigation and any governmental agency or entity authorized to

11 receive such information for a state, national and international

12 criminal history background check; and

13  2. Personal history and experience in a form prescribed by the

14 Nationwide Multistate Licensing System and Registry and the

15 Administrator to obtain:

16  a. an independent credit report obtained from a consumer

17  reporting agency defined in 15 U.S.C., Section

18  1681a(p), and

19  b. information related to any administrative, civil or

20  criminal findings by any governmental jurisdiction.

21  D. In connection with an application for licensing as a

22 mortgage broker or mortgage lender, the applicant shall, at a

23 minimum, furnish to the Nationwide Multistate Licensing System and

24

    Req. No. 12182                                                Page 2
1 Registry information concerning each owner, officer, director or

2 partner, as applicable including:

3   1. Fingerprints for submission to the Federal Bureau of

4 Investigation and any governmental agency or entity authorized to

5 receive such information for a state, national and international

6 criminal history background check; and

7   2. Personal history and experience in a form prescribed by the

8 Nationwide Multistate Licensing System and Registry and the

9 Administrator to obtain:

10          a. an independent credit report obtained from a consumer

11          reporting agency described in 15 U.S.C., Section

12          1681a(p), and

13          b. information related to any administrative, civil or

14          criminal findings by any governmental jurisdiction.

15  E. For purposes of this section and in order to reduce points

16 of contact which the Federal Bureau of Investigation may have to

17 maintain for purposes of paragraph 1 and subparagraph b of paragraph

18 2 of subsection D of this section, the Administrator may use the

19 Nationwide Multistate Licensing System and Registry as a channeling

20 agent for requesting information from and distributing information

21 to the United States Department of Justice or any governmental

22 agency.

23  F. For the purposes of this section and in order to reduce the

24 points of contact which the Administrator may have to maintain for

    Req. No. 12182                                                 Page 3
1 purposes of subparagraphs a and b of paragraph 2 of subsection D of

2 this section, the Administrator may use the Nationwide Multistate

3 Licensing System and Registry as a channeling agent for requesting

4 and distributing information to and from any source so directed by

5 the Administrator.

6   G. A license issued under the Oklahoma Secure and Fair

7 Enforcement for Mortgage Licensing Act shall be valid for a period

8 of one (1) year, unless otherwise revoked or suspended by the

9 Administrator as provided in the Oklahoma Secure and Fair

10 Enforcement for Mortgage Licensing Act.

11  H. The Administrator, on determining that the applicant is

12 qualified and upon payment of the fees by the applicant, shall issue

13 a license to the applicant. An applicant who has been denied a

14 license may not reapply for the license for sixty (60) days from the

15 date of the previous application. A new license issued on or after

16 November 1 shall be effective through December 31 of the following

17 calendar year.

18  I. A licensee shall pay the renewal fee on or before December

19 1. If the license is not renewed by December 1, the licensee shall

20 pay a late renewal fee as prescribed by rule of the Commission on

21 Consumer Credit. Licenses not renewed by December 31 shall expire

22 and the licensee shall not act as a mortgage broker, mortgage lender

23 or mortgage loan originator until a new license is issued pursuant

24 to the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

    Req. No. 12182                                                 Page 4
1 Act. A license shall not be granted to the holder of an expired

2 license except as provided in the Oklahoma Secure and Fair

3 Enforcement for Mortgage Licensing Act for the issuance of an

4 original license.

5   J. A licensee shall prominently display the mortgage broker,

6 mortgage lender or mortgage loan originator license in the principal

7 place of business of the mortgage broker, mortgage lender or

8 mortgage loan originator and any branch office of the mortgage

9 broker or mortgage lender.

10  K. 1. An applicant for a mortgage broker or mortgage lender

11 license shall pay a fee of One Thousand Two Hundred Dollars

12 ($1,200.00). This fee shall cover the application fee and

13 examination fee for all registered locations, including any changes

14 of address.

15  2. Mortgage broker or mortgage lender licenses may be renewed

16 by submitting an annual assessment fee of One Thousand Dollars

17 ($1,000.00). Mortgage lender licenses may be renewed by submitting

18 an annual assessment fee. The annual assessment fee shall:

19  a. be based on the dollar volume of loans originated for

20              residential real property located in Oklahoma during

21              the twelve-month period ending June 30,

22  b. be based on the dollar volume of loans serviced for

23              residential real property located in Oklahoma as

24

    Req. No. 12182                                                 Page 5
1           reported on the Q2 mortgage call report for the period

2           ending on June 30,

3           c. be determined by applying a factor of eight-

4           thousandths of a percent (0.008%) of the dollar volume

5           of loans originated and the dollar volume of loans

6           serviced in Oklahoma, and

7           d. cover:

8           (1) the renewal fee for the principal office and any

9                   branches, and

10          (2) any examination-related costs incurred by the

11                  Department of Consumer Credit.

12  3. Beginning November 1, 2024, the annual assessment fee shall

13 not be:

14          a. less than One Thousand Dollars ($1,000.00),

15          b. more than Forty Thousand Dollars ($40,000.00) for the

16          portion of the assessment calculated according to

17          subparagraph a of paragraph 2 of this subsection, nor

18          c. more than Seventeen Thousand Five Hundred Dollars

19          ($17,500.00) for the portion of the assessment

20          calculated according to subparagraph b of paragraph 2

21          of this subsection.

22  4. Beginning November 1, 2025, the annual assessment fee shall

23 not be:

24          a. less than One Thousand Dollars ($1,000.00),

    Req. No. 12182                                                Page 6
1           b. more than Forty Thousand Dollars ($40,000.00) for the

2           portion of the assessment calculated according to

3           subparagraph a of paragraph 2 of this subsection, nor

4           c. more than Twenty-seven Thousand Five Hundred Dollars

5           ($27,500.00) for the portion of the assessment

6           calculated according to subparagraph b of paragraph 2

7           of this subsection.

8   5. Beginning November 1, 2026, the annual assessment fee shall

9 not be:

10          a. less than One Thousand Dollars ($1,000.00),

11          b. more than Forty Thousand Dollars ($40,000.00) for the

12          portion of the assessment calculated according to

13          subparagraph a of paragraph 2 of this subsection, nor

14          c. more than Thirty-five Thousand Dollars ($35,000.00)

15          for the portion of the assessment calculated according

16          to subparagraph b of paragraph 2 of this subsection.

17  6. Beginning November 1, 2027, the annual assessment fee shall

18 not be:

19          a. less than One Thousand Dollars ($1,000.00),

20          b. more than Forty Thousand Dollars ($40,000.00) for the

21          portion of the assessment calculated according to

22          subparagraph a of paragraph 2 of this subsection, nor

23

24

    Req. No. 12182                                             Page 7
1   c. more than Forty Thousand Dollars ($40,000.00) for the

2   portion of the assessment calculated according to

3   subparagraph b of paragraph 2 of this subsection.

4   7. A late renewal fee shall be as prescribed by rule of the

5 Commission on Consumer Credit.

6   8. Branch offices shall be registered with the Department and

7 shall be accompanied by an initial registration fee of One Hundred

8 Fifty Dollars ($150.00).

9   9. A fee as prescribed by rule of the Commission on Consumer

10 Credit shall be charged for each license change, duplicate license

11 or returned check.

12  10. A fee as prescribed by rule of the Commission on Consumer

13 Credit shall be paid by applicants and licensees into the Oklahoma

14 Mortgage Broker and Mortgage Loan Originator Recovery Fund as

15 provided for in Section 2095.20 of this title for each initial

16 application and each renewal application.

17  11. Each additional trade name used by a licensee shall be

18 registered with the Department and shall be accompanied by an

19 initial registration fee of One Hundred Fifty Dollars ($150.00).

20  12. The Administrator of Consumer Credit may reinstate a

21 license within thirty-one (31) days of the expiration of the license

22 if the licensee pays the assessment fees and a reinstatement fee of

23 Five Hundred Dollars ($500.00). A licensee shall not be reinstated

24 when the renewal application, fees, or any required information is

    Req. No. 12182                                                 Page 8
1 received on or after February 1 of the following year that the

2 renewal application was due.

3   13. The Administrator may reduce annual assessment fees on a

4 pro rata basis for a specific renewal period by reducing the factor

5 applied to the dollar volume of loans originated and serviced. The

6 Administrator shall notify licensees of an annual assessment fee

7 reduction prior to November 1 of the specific license renewal

8 period. An annual assessment fee does not include an initial

9 license fee for purposes of this subsection.

10  L. 1. An applicant for an initial mortgage loan originator

11 license shall pay a fee of Four Hundred Fifty Dollars ($450.00).

12  2. An applicant renewing a mortgage loan originator license

13 shall pay a fee of Two Hundred Fifty Dollars ($250.00).

14  3. A late renewal fee shall be as prescribed by rule of the

15 Commission on Consumer Credit.

16  4. A fee as prescribed by rule of the Commission shall be paid

17 by applicants and licensees into the Oklahoma Mortgage Broker and

18 Mortgage Loan Originator Recovery Fund, as provided in Section

19 2095.20 of this title, for each initial application and each renewal

20 application.

21  SECTION 2. This act shall become effective November 1, 2025.

22

23  60-1-12182      TKR  01/14/25

24

    Req. No. 12182                                                 Page 9
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