Title 12, Banks and BankingRelease 119-110

§5117 Employment Transition of Loan Originators

Title 12 › CHAPTER 51 — SECURE AND FAIR ENFORCEMENT FOR MORTGAGE LICENSING › § 5117

Last updated Sep 22, 2026|Official source

Summary

Gives temporary permission for certain mortgage loan originators to work in a new state while they apply for that state’s license. A registered loan originator who takes a job with a State-licensed mortgage company can act as a loan originator in the state where they apply if they have not had a license denied, revoked, or suspended; have not been hit with a cease-and-desist order; have no criminal conviction that would block licensing in the new state; have filed the state application; and were listed in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 1-year before filing. A loan originator already licensed in another state can also get the same temporary permission if they meet those rules, are employed in the application state, and were licensed in the other state during the 30-day period before filing. The temporary permission starts when the person files the required application information under section 5104(a) and ends at the earliest of these events: the applicant withdraws, the state denies or intends to deny the application, the state issues a license, or 120 days after filing if the application is shown as incomplete in the registry. Employers and workers using this temporary permission must follow the same federal and state rules as if the worker were fully licensed in the application state. Definitions: Application State — the state where the person is applying for a license. State-licensed mortgage company — a company licensed by a state to do residential mortgage origination and processing.

Full Legal Text

Title 12, §5117

Banks and Banking, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Application State
(2)State-licensed mortgage company
The term “State-licensed mortgage company” means an entity that is licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities.
(b)Temporary authority to originate loans for loan originators moving from a depository institution to a non-depository institution
(1)In general
Upon becoming employed by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual—
(A)has not had—
(i)an application for a loan originator license denied; or
(ii)a loan originator license revoked or suspended in any governmental jurisdiction;
(B)has not been subject to, or served with, a cease and desist order—
(i)in any governmental jurisdiction; or
(ii)under section 5113(c) of this title;
(C)has not been convicted of a misdemeanor or felony that would preclude licensure under the law of the application State;
(D)has submitted an application to be a State-licensed loan originator in the application State; and
(E)was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 1-year period preceding the date on which the information required under section 5104(a) of this title is submitted.
(2)Period
The period described in this paragraph shall begin on the date on which an individual described in paragraph (1) submits the information required under section 5104(a) of this title and shall end on the earliest of the date—
(A)on which the individual withdraws the application to be a State-licensed loan originator in the application State;
(B)on which the application State denies, or issues a notice of intent to deny, the application;
(C)on which the application State grants a State license; or
(D)that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete.
(c)Temporary authority to originate loans for State-licensed loan originators moving interstate
(1)In general
A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator— (A)
(B)is employed by a State-licensed mortgage company in the application State; and
(C)was licensed in a State that is not the application State during the 30-day period preceding the date on which the information required under section 5104(a) of this title was submitted in connection with the application submitted to the application State.
(2)Period
The period described in this paragraph shall begin on the date on which the State-licensed loan originator submits the information required under section 5104(a) of this title in connection with the application submitted to the application State and end on the earliest of the date—
(A)on which the State-licensed loan originator withdraws the application to be a State-licensed loan originator in the application State;
(B)on which the application State denies, or issues a notice of intent to deny, the application;
(C)on which the application State grants a State license; or
(D)that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete.
(d)Applicability
(1)Employer of loan originators
Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State under this section shall be subject to the requirements of this chapter and to applicable State law to the same extent as if that individual was a State-licensed loan originator licensed by the application State.
(2)Engaging in mortgage loan activities
Any individual who is deemed to have temporary authority to act as a loan originator in an application State under this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this chapter and to applicable State law to the same extent as if that individual was a State-licensed loan originator licensed by the application State.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 18 months after May 24, 2018, see section 106(d) of Pub. L. 115–174, set out as an

Effective Date

of 2018 Amendment note under section 5112 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5117

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110