§ 19-14.10-6 - Issuance of license.

SECTION 19-14.10-6

   § 19-14.10-6  Issuance of license. –The director or the director's designee shall not approve a mortgage loanoriginator license unless the director or the director's designee makes at aminimum the following findings:

   (1) The applicant has never had a mortgage loan originatorlicense revoked in any governmental jurisdiction, except that a subsequentformal vacation of such revocation shall not be deemed a revocation.

   (2) The applicant has not been convicted of, or pled guiltyor nolo contendere to, a felony in a domestic, foreign, or military court:

   (i) During the seven (7) year period preceding the date ofthe application for licensing and registration; or

   (ii) At any time preceding such date of application, if suchfelony involved an act of fraud, dishonesty, or a breach of trust, or moneylaundering.

   (iii) Pardon of a conviction shall not be a conviction forpurposes of this subsection.

   (3) The applicant has demonstrated financial responsibility,character, and general fitness such as to command the confidence of thecommunity and to warrant a determination that the mortgage loan originator willoperate honestly, fairly, and efficiently within the purposes of this chapter.

   (i) For purposes of this subsection a person has shown thathe or she is not financially responsible when he or she has shown a disregardin the management of his or her own financial condition. A determination thatan individual has not shown financial responsibility may include, but not belimited to:

   (i) Current outstanding judgments, except judgments solely asa result of medical expenses;

   (ii) Current outstanding tax liens or other government liensand filings;

   (iii) Foreclosures within the past three years;

   (iv) A pattern of seriously delinquent accounts within thepast three (3) years.

   (d) The applicant has completed the pre-licensing educationrequirement described in § 19-14.10-7.

   (e) The applicant has passed a written test that meets thetest requirement described in § 19-14.10-8.

   (f) The applicant has met the net worth or surety bondrequirements required pursuant to § 19-14.10-14.