Okla. Stat. tit. 59, § 59-2095.11
This is the official text of Okla. Stat. tit. 59, § 59-2095.11, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Findings required for issuance of a mortgage broker
Official statutory text
license – Definitions.
A. The Administrator of Consumer Credit shall not issue a
mortgage broker license unless the Administrator makes at a minimum
the following findings:
1. The applicant or any owner, officer, director or partner has
never had a mortgage broker or mortgage loan originator license
revoked in any governmental jurisdiction, except that a subsequent
formal vacation of such revocation shall not be deemed a revocation;
2. Any owner, officer, director or partner of the applicant has
not been convicted of, or pled guilty or nolo contendere to, a
felony crime that substantially relates to the occupation of a
mortgage broker and poses a reasonable threat to public safety in a
domestic, foreign or military court:
a. during the seven-year period preceding the date of the
application for licensing and registration, or
b. at any time preceding such date of application, if
such felony involved an act of fraud, dishonesty, a
breach of trust or money laundering.
Provided, that any pardon of a conviction shall not be a
conviction for purposes of this paragraph;
3. The applicant’s owners, officers, directors or partners have
demonstrated financial responsibility and general fitness such as to
command the confidence of the community and to warrant a
determination that the mortgage broker will operate honestly, fairly
and efficiently within the purposes of the Oklahoma Secure and Fair
Enforcement for Mortgage Licensing Act. For purposes of this
paragraph, an applicant’s owners, officers, directors or partners
have shown they are not financially responsible when they have shown
a disregard in the management of their own financial condition. A
determination that an owner, officer, director or partner has not
shown financial responsibility may include, but not be limited to:
a. current outstanding judgments, except judgments solely
as a result of medical expenses,
b. current outstanding tax liens or other government
liens and filings,
c. foreclosures within the past three (3) years, or
Oklahoma Statutes - Title 59. Professions and Occupations Page 1454
d. a pattern of seriously delinquent accounts within the
past three (3) years;
4. The applicant has paid into the Oklahoma Mortgage Broker and
Mortgage Loan Originator Recovery Fund as required by paragraph 10
of subsection K of Section 2095.6 of this title; and
5. The applicant has paid all required fees for issuance of the
license.
B. Each mortgage broker applicant shall designate and maintain
a principal place of business for the transaction of business. The
applicant shall specify the address of the principal place of
business and designate a licensed mortgage loan originator to
oversee the operations of the principal place of business. If an
applicant wishes to maintain one or more branch offices for the
transaction of business in addition to a principal place of
business, the applicant shall first register the branch office
location with the Administrator and designate a licensed mortgage
loan originator for each branch office to oversee the operations of
that branch office. The applicant shall submit a fee as set forth
in paragraph 8 of subsection K of Section 2095.6 of this title for
each branch office registered. If the address of the principal
place of business or of any branch office is changed, the licensee
shall immediately notify the Administrator of the change and the
Administrator shall endorse the change of address on the license for
a fee as prescribed in paragraph 6 of subsection K of Section 2095.6
of this title.
C. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
aragraph 6 of subsection K of Section 2095.6
of this title.
C. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
A. The Administrator of Consumer Credit shall not issue a
mortgage broker license unless the Administrator makes at a minimum
the following findings:
1. The applicant or any owner, officer, director or partner has
never had a mortgage broker or mortgage loan originator license
revoked in any governmental jurisdiction, except that a subsequent
formal vacation of such revocation shall not be deemed a revocation;
2. Any owner, officer, director or partner of the applicant has
not been convicted of, or pled guilty or nolo contendere to, a
felony crime that substantially relates to the occupation of a
mortgage broker and poses a reasonable threat to public safety in a
domestic, foreign or military court:
a. during the seven-year period preceding the date of the
application for licensing and registration, or
b. at any time preceding such date of application, if
such felony involved an act of fraud, dishonesty, a
breach of trust or money laundering.
Provided, that any pardon of a conviction shall not be a
conviction for purposes of this paragraph;
3. The applicant’s owners, officers, directors or partners have
demonstrated financial responsibility and general fitness such as to
command the confidence of the community and to warrant a
determination that the mortgage broker will operate honestly, fairly
and efficiently within the purposes of the Oklahoma Secure and Fair
Enforcement for Mortgage Licensing Act. For purposes of this
paragraph, an applicant’s owners, officers, directors or partners
have shown they are not financially responsible when they have shown
a disregard in the management of their own financial condition. A
determination that an owner, officer, director or partner has not
shown financial responsibility may include, but not be limited to:
a. current outstanding judgments, except judgments solely
as a result of medical expenses,
b. current outstanding tax liens or other government
liens and filings,
c. foreclosures within the past three (3) years, or
Oklahoma Statutes - Title 59. Professions and Occupations Page 1454
d. a pattern of seriously delinquent accounts within the
past three (3) years;
4. The applicant has paid into the Oklahoma Mortgage Broker and
Mortgage Loan Originator Recovery Fund as required by paragraph 10
of subsection K of Section 2095.6 of this title; and
5. The applicant has paid all required fees for issuance of the
license.
B. Each mortgage broker applicant shall designate and maintain
a principal place of business for the transaction of business. The
applicant shall specify the address of the principal place of
business and designate a licensed mortgage loan originator to
oversee the operations of the principal place of business. If an
applicant wishes to maintain one or more branch offices for the
transaction of business in addition to a principal place of
business, the applicant shall first register the branch office
location with the Administrator and designate a licensed mortgage
loan originator for each branch office to oversee the operations of
that branch office. The applicant shall submit a fee as set forth
in paragraph 8 of subsection K of Section 2095.6 of this title for
each branch office registered. If the address of the principal
place of business or of any branch office is changed, the licensee
shall immediately notify the Administrator of the change and the
Administrator shall endorse the change of address on the license for
a fee as prescribed in paragraph 6 of subsection K of Section 2095.6
of this title.
C. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
aragraph 6 of subsection K of Section 2095.6
of this title.
C. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
Status: in_force · Read it on the official government site
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