Florida Administrative Code

Rulemaking Authority 494.0011(2), 494.0029(1), (3) FS. Law Implemented 494.0029 FS. History-New 11-5-95, Amended 8-22-99, 12-9-01, Formerly 3D-40.029, Amended 3-23-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2) FS. Law Implemented 494.0029 FS. History-New 11-5-95, Amended 8-22-99, 12-9-01, Formerly 3D-40.030, Repealed 10-1-10.

Rulemaking Authority 215.405, 494.0011(2) FS. Law Implemented 120.60(1), 494.0033 FS. History-New 10-30-86, Amended 1-30-89, 5-23-89, 11-28-89, 10-1-91, 6-8-92, 6-3-93, 6-6-93, 4-25-94, 5-14-95, 9-3-95, 11-24-97, 8-22-99, 12-12-99, 12-11-03, Formerly 3D-40.031, Amended 5-24-05, 3…

Rulemaking Authority 494.0011 FS. Law Implemented 112.011, 494.0033, 494.0041 FS. History-New 12-2-08, Repealed 10-1-10.

(1) Each individual desiring to obtain licensure as a loan originator shall apply to the Office of Financial Regulation by submitting the following: (a) A completed NMLS Individual Form (Form MU4), filed through the Registry; (b) The statutory nonrefundable application fee of $19…

(1) In order to renew an active loan originator license a licensee must submit the following to the Office no later than December 31 of each calendar year in which the licensee wishes to renew the license: (a) Submit a total payment of $176.00 paid through the Registry which incl…

(1) Each person desiring to obtain licensure as a mortgage broker shall apply to the Office of Financial Regulation by submitting the following: (a) NMLS Company Form (Form MU1) filed through the Registry; (b) The statutory nonrefundable application fee of $425 filed through the …

(1) In order to renew an active mortgage broker license a mortgage broker licensee must submit the following to the Office no later than December 31 of each calendar year in which the licensee wishes to renew the license: (a) Submit a payment of $475 through the Registry for the …

Rulemaking Authority 494.0011(2), 494.0029 FS. Law Implemented 494.0029, 494.0041 FS. History-New 11-5-95, Amended 12-9-01, Formerly 3D-40.033, Repealed 10-1-10.

(1) A person who seeks to act solely as a loan processor shall: (a) Be licensed as a loan originator under Chapter 494, F.S., and must at all times thereafter remain licensed; and, (b) Submit a completed Form OFR-494-13, Declaration of Intent to Engage Solely in Loan Processing, …

(1) Each mortgage broker desiring to obtain a mortgage broker branch office license shall apply to the Office of Financial Regulation by submitting the following: (a) A completed NMLS Branch Form (Form MU3) is incorporated by reference in Rule 69V-40.002, F.A.C., filed through th…

(1) In order to renew an active mortgage broker branch office license a licensee must complete the following requirements no later than December 31 of each calendar year in which the licensee wishes to renew the license: (a) Submit a total payment of $225 paid through the Registr…

Rulemaking Authority 494.0011(2), 494.0034(2) FS. Law Implemented 494.001(3), 494.00295, 494.00331(1), 494.0034 FS. History-New 11-2-86, Amended 6-23-91, 11-12-91, 9-3-95, 12-12-99, 2-5-01, 12-9-01, Formerly 3D-40.043, Amended 3-23-08, Repealed 10-1-10.

Rulemaking Authority 215.405, 494.0011(2), 494.0031(2) FS. Law Implemented 494.0031, 494.0035, 494.004(6), 943.053 FS. History-New 10-30-86, Amended 1-30-89, 11-28-89, 10-1-91, 6-6-93, 5-14-95, 7-14-96, 11-24-97, 8-22-99, 12-12-99, 12-9-01, 12-11-03, Formerly 3D-40.051, Amended 3…

Rulemaking Authority 494.0011 FS. Law Implemented 112.011, 494.0031, 494.0041 FS. History-New 12-2-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.0032(2), 494.0036(2) FS. Law Implemented 494.001(7), 494.0011(2), 494.0031(1), 494.0032, 494.0036 FS. History-New 11-2-86, Amended 2-8-90, 10-1-91, 12-12-99, 11-1-00, 2-5-01, Formerly 3D-40.053, Amended 3-23-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.0036(2) FS. Law Implemented 494.0036 FS. History-New 10-1-91, Amended 6-6-93, 5-14-95, 8-22-99, 12-12-99, Formerly 3D-40.058, Amended 3-23-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.00421(7) FS. Law Implemented 120.695, 494.0031, 494.00421, 494.0073 FS. History-New 7-25-96, Formerly 3D-40.060, Repealed 10-1-10.

(1) Each person desiring to obtain licensure as a mortgage lender shall apply to the Office by submitting the following: (a) A completed NMLS Company Form (Form MU1) filed through the Registry; (b) The statutory nonrefundable application fee of $500 filed through the Registry; (c…

(1) In order to renew an active mortgage lender license a mortgage lender licensee must submit the following to the Office no later than December 31 of each calendar year in which the licensee wishes to renew the license: (a) Submit a payment of $575 through the Registry for the …

(1) Each mortgage lender desiring to obtain a mortgage lender branch office license shall apply to the Office of Financial Regulation by submitting the following: (a) A completed NMLS Branch Form (Form MU3) is incorporated by reference in Rule 69V-40.002, F.A.C. filed through the…

(1) To apply for an exemption as a bona fide nonprofit organization within the scope of section 494.00115, F.S., an organization must submit to the Office a completed Bona Fide Nonprofit Organization Exemption Form, Form OFR-494-15. The form must be filed with the Office via emai…

Rulemaking Authority 494.0011(2) FS. Law Implemented 494.001(2), 494.0038, 494.0041(2)(b) FS. History-New 1-10-93, Formerly 3D-40.088, Repealed 10-1-10.

(1) Each person licensed as a loan originator, mortgage broker, or mortgage lender which proposes to change its name, form of business organization, or any other information contained in any initial application form or any amendment thereto, must file an amendment through the Reg…

Rulemaking Authority 494.0011(2), 494.0065(3) FS. Law Implemented 120.60, 494.001(30), 494.0061(1), (3), (8), 494.0065, 494.0067(3), (4) FS. History-New 8-24-93, Amended 9-3-95, 8-22-99, 12-12-99, 12-9-01, 12-8-02, 12-11-03, Formerly 3D-40.100, Amended 3-23-08, 12-25-08, 3-4-09, …

Rulemaking Authority 494.0011(2) FS. Law Implemented 494.0065, 494.0066 FS. History-New 8-24-93, Amended 9-3-95, 8-22-99, 12-12-99, Formerly 3D-40.105, Amended 3-23-08, Repealed 10-1-10.

(1) Pursuant to Section 494.00255, F.S., Office of Financial Regulation, Division of Consumer Finance, Disciplinary Guidelines for Mortgage Loan Originators and Mortgage Entities, Form OFR-494-14, which is hereby incorporated by reference, effective 03/2024, available on the Offi…

For examinations conducted out of state, the licensee shall pay the travel expense and per diem subsistence allowance provided for state employees in Section 112.062, F.S. Rulemaking Authority 494.0011(2) FS. Law Implemented 494.0012(3) FS. History-New 10-1-91, Amended 8-24-92, 1…

A lock-in agreement which includes applicable information as required by Sections 494.0069(1)(a)-(e), F.S., and the following statement meets the requirement of Section 494.0069(1)(f), F.S. (1) The mortgage lender shall make a good faith effort to process the mortgage loan applic…

All third-party fees and refundable application fees received by a mortgage broker shall be recorded on Form OFR-494-09, Mortgage Brokerage Deposit Account Form, or on a format which is substantially similar to Form OFR-494-09. Failure to maintain a record of account activity in …

Rulemaking Authority 494.0011(2), 494.0035 FS. Law Implemented 120.695, 494.0011(2), 494.0016, 494.0035, 494.0041(1)(e) FS. History-New 10-7-91, Amended 7-25-96, 12-12-99, 12-9-01, Formerly 3D-40.160, Amended 3-23-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.0035(2) FS. Law Implemented 120.695, 494.0011(2), 494.0016, 494.0035(2), 494.0041(1)(e) FS. History-New 10-7-91, Amended 7-25-96, 12-12-99, 12-9-01, Formerly 3D-40.165, Amended 3-23-08, Repealed 10-1-10.

(1) Books, accounts, and records that are required to be maintained at the principal place of business shall be made available to the Office of Financial Regulation for review, upon the Office of Financial Regulation's request. (2)(a) A licensee may maintain required books, accou…

(1) Each mortgage broker shall maintain a file for each mortgage broker transaction. The files shall be maintained in a central location and in an alphabetical or numerical sequence. (2) Each file shall contain at least the following: (a) Copy of signed closing statement or docum…

The NMLS Mortgage Call Report - Form-MCR-01, Version 6, effective 04-01-2024; incorporated by reference and adopted by this rule, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17081 contains Residential Mortgage Loan Activity (RMLA) and Financial Condition …

Rulemaking Authority 494.0011(2), 494.0016(4) FS. Law Implemented 120.695, 494.0016, 494.0041 FS. History-New 2-16-92, Amended 7-25-96, 12-12-99, Formerly 3D-40.177, Amended 3-23-08, Repealed 7-30-12.

Rulemaking Authority 215.405, 494.0011(2), 494.0061(3) FS. Law Implemented 494.0061, 494.0067(4) FS. History-New 10-1-91, Amended 6-6-93, 5-14-95, 9-3-95, 11-5-95, 7-14-96, 11-24-97, 8-22-99, 12-12-99, 12-9-01, 12-8-02, 12-11-03, Formerly 3D-40.200, Amended 3-23-08, 12-25-08, 3-4…

Rulemaking Authority 494.0011 FS. Law Implemented 112.011, 494.0061, 494.0062, 494.0072 FS. History-New 12-2-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.0064(2), 494.0065(3) FS. Law Implemented 494.001(4), 494.0011(2), 494.0061(1), 494.0064, 494.0065 FS. History-New 10-1-91, Amended 9-3-95, 8-5-96, 12-12-99, 11-1-00, 2-5-01, Formerly 3D-40.205, Amended 11-9-04, 3-23-08, Repealed 10-1-10.

Rulemaking Authority 215.405, 494.0011(2), 494.0062(3), (8). (11), (13) FS. Law Implemented 494.0062, 494.0067(4) FS. History-New 10-1-91, Amended 6-6-93, 5-14-95, 9-3-95, 11-5-95, 7-14-96, 11-24-97, 8-22-99, 12-12-99, 12-9-01, 12-8-02, 12-11-03, Formerly 3D-40.220, Amended 3-23-…

Rulemaking Authority 494.0011(2), 494.0064(2) FS. Law Implemented 494.001(7), 494.0011(2), 494.0062(1), 494.0064 FS. History-New 10-1-91, Amended 9-3-95, 7-25-96, 12-12-99, 11-1-00, 2-5-01, Formerly 3D-40.225, Amended 11-9-04, 3-23-08, Repealed 10-1-10.

Rulemaking Authority 494.0011(2) FS. Law Implemented 494.0066 FS. History-New 10-1-91, Amended 6-6-93, 5-14-95, 9-3-95, 8-22-99, 12-12-99, Formerly 3D-40.240, Amended 3-23-0808, Repealed 10-1-10.

Rulemaking Authority 494.0011(2), 494.0016(4), 494.0061(1), (3), (8), 494.0062(3), (11) FS. Law Implemented 120.60, 120.695, 494.001(31), 494.0016(1), 494.0061, 494.0062, 494.0067, 494.0072 FS. History-New 1-27-02, Amended 12-8-02, Formerly 3D-40.242, Amended 3-23-08, 3-4-0908, R…

Rulemaking Authority 494.0011(2) FS. Law Implemented 120.695, 494.001, 494.0025, 494.0041 FS. History-New 7-25-96, Amended 12-12-99, Formerly 3D-40.24508, Repealed 10-1-10.

Rulemaking Authority 494.0011(2) FS. Law Implemented 120.695, 494.0061(1)(c),(d), 494.0062(1)(c), 494.0063, 494.0065 FS. History-New 10-1-91, Amended 8-24-92, 7-25-96, Formerly 3D-40.250, Repealed 10-1-10.

(1) Each mortgage lender shall maintain a file for each mortgage loan application received. The files shall be maintained in a central location and in an alphabetical or numerical sequence. (2) Each file shall contain the following: (a) A copy of the good faith estimate. (b) The …

(1) Each mortgage broker and mortgage lender shall maintain a Mortgage Brokerage and Lending Transaction Journal, which shall include, at least, the following information: (a) Name of applicant; (b) Date applicant applied for the mortgage loan; (c) Disposition of the mortgage loa…

(1) A mortgage lender which services an aggregate value of less than $7.5 million dollars in outstanding mortgage loans and elects to provide a fidelity bond, financial guaranty bond, fidelity insurance, or other financial guaranty providing protection against theft, loss or othe…

All money received by a mortgage lender from a noninstitutional investor for disbursement at a mortgage loan closing shall be recorded and updated on Form OFR-494-12 or on a format which is substantially similar to Form OFR-494-12. Form OFR-494-12 is incorporated by reference in …

Rulemaking Authority 494.0011(2) FS. Law Implemented 494.001, 494.006(1) FS. History-New 1-10-93, Amended 12-12-99, Formerly 3D-40.290, Repealed 10-1-10.