Texas Mortgage Licensing Lawyer
Texas Mortgage Banker Registration Lawyer
Texas Mortgage Company License Lawyer
Texas Lending License Lawyer
Texas Broker License Lawyer
Texas Mortgage License Defense Lawyer
Texas Mortgage License
Alan Abergel is an attorney licensed by both the State Bar of Texas and the State Bar of California.
TEXAS SML MORTGAGE COMPANY LICENSE. Unless exempted, any corporation, company, partnership, or sole proprietorship that engages in the business of residential mortgage loan origination on real property located in Texas is required to obtain the Texas SML Mortgage Company license from the Texas Department of Savings and Mortgage Lending . Residential mortgage loans include first lien, second lien, or home equity loans. Title 7 of the Texas Administrative Code, Chapter 80.302(16) defines “Residential Mortgage Loan” as a loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real estate whether the property is intended for investment purposes or owner occupancy. It includes new loans and renewals, extensions, modifications, and rearrangements of such loans. The term does not include a loan which is secured by a structure that is suitable for occupancy as a one-to-four family residence, but is used for a commercial purpose such as a professional office, beauty salon, or other non-residential use, and is not used as a residence.
TEXAS SML MORTGAGE BANKER REGISTRATION. Unless exempted, any corporation, company, partnership, association, or sole proprietorship, who for compensation or gain, or in the expectation of compensation or gain, meets the definition of a Mortgage Banker under Texas Finance Code Chapter 157 and takes a residential mortgage loan application, or offers or negotiates terms of a residential mortgage loan from the person’s own funds or from the fund of another person is required to obtain a Texas SML Mortgage Banker Registration from the Texas Department of Savings and Mortgage Lending . Texas Finance Code 157.002(4) defines a “mortgage banker” as a person who (a) accepts an application for a residential mortgage loan or makes a residential mortgage loan; and (b) is an approved or authorized: (i) mortgagee with direct endorsement underwriting authority granted by the United States Department of Housing and Urban Development; (ii) seller or servicer of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; or (iii) issuer for the Government National Mortgage Associate.
LEGAL SERVICES WE PROVIDE TO TEXAS MORTGAGE BROKERS AND LENDERS:
- Assistance with obtaining a Texas SML Mortgage Company license.
- Assistance with obtaining a Texas SML Mortgage Banker Registration.
- NMLS registration and compliance for mortgage lenders, brokers, MLOs, and other financial services providers.
- Advice concerning compliance with Texas mortgage brokering and lending laws as well as applicable federal laws.
- Representation before the Texas Department of Savings and Mortgage Lending .
- Mortgage lending laws.
- Representation of private & hard money lenders and carryback sellers.
- Advice concerning State and Federal Lending Laws
- Drafting of loan documents
- Unsecured & secured lending laws
- Representation before CFPB.
- Representation in Texas Department of Savings and Mortgage Lending’s administrative hearings, proceedings, and investigations.
- Representation in investigations by Texas Department of Savings and Mortgage Lending.
- Compliance advice and drafting in compliance with mortgage laws and related regulations, including without limitation:
- Secure and Fair Enforcement for Mortgage Licensing (SAFE Act)
- RESPA, TILA, ECOA, GLBA and other federal laws.
- Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009
- Residential Mortgage Loan Company & Residential Mortgage Loan Originator Licensing & Registration Act
- Mortgage Banker Registration & Residential Mortgage Loan Originator License Act