Title 12, Banks and BankingRelease 119-110

§5103 License or Registration Required

Title 12 › CHAPTER 51 — SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING › § 5103

Last updated Sep 22, 2026|Official source

Summary

If a state has a license or registration system, you may not work as a loan originator unless you first get and renew each year either a registered loan originator registration or a state license plus registration. You must also get a unique ID number. A loan processor or underwriter who works under supervision and does not tell the public (for example on business cards or ads) that they can do loan originator tasks does not need a state license. An independent contractor may not do residential mortgage loan origination activities as a processor or underwriter unless they are a state-licensed loan originator.

Full Legal Text

Title 12, §5103

Banks and Banking, Source: USLM XML via OLRC

(a)In general
Subject to the existence of a licensing or registration regime, as the case may be, an individual may not engage in the business of a loan originator without first—
(1)obtaining, and maintaining annually—
(A)a registration as a registered loan originator; or
(B)a license and registration as a State-licensed loan originator; and
(2)obtaining a unique identifier.
(b)Loan processors and underwriters
(1)Supervised loan processors and underwriters
A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information (including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items), that such individual can or will perform any of the activities of a loan originator shall not be required to be a State-licensed loan originator.
(2)Independent contractors
An independent contractor may not engage in residential mortgage loan origination activities as a loan processor or underwriter unless such independent contractor is a State-licensed loan originator.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5103

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110