{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-1700.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-1700.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-1700.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-1700.html"}],"law_id":70948,"edition_id":1,"section_id":70948,"structure_id":14519,"section_number":"6.2-1700","catch_line":"Definitions","history":"2009, cc. 273, 453, \u00a7 6.1-431.1; 2010, c. 794; 2011, cc. 301, 435; 2012, cc. 52, 187; 2013, cc. 20, 380; 2014, cc. 295, 343; 2019, c. 740.","full_text":"As used in this chapter:\n\t\t&#8220;Act&#8221; means the federal Secure and Fair Enforcement for Mortgage Licensing Act, Title V (\u00a7 1501 et seq.) of the Housing and Economic Recovery Act of 2008, P.L. 110-289.\n\t\t&#8220;Administrative or clerical tasks&#8221; means the receipt, collection, and distribution of information common for the processing or underwriting of a residential mortgage loan in the mortgage industry and communication with the consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan.\n\t\t&#8220;Covered financial institution&#8221; has the same meaning as that term is defined in 12 C.F.R. \u00a7 1007.102.\n\t\t&#8220;Dwelling&#8221; means a residential structure or mobile home that contains one to four family housing units, or individual units of condominiums or cooperatives.\n\t\t&#8220;Employee&#8221; means an individual (i) whose manner and means of performance of work are subject to the right of control of, or are controlled by, a person and (ii) whose compensation for federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling person.\n\t\t&#8220;Immediate family member&#8221; means a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.\n\t\t&#8220;Licensee&#8221; means an individual licensed under this chapter.\n\t\t&#8220;Loan processor or underwriter&#8221; means an individual who, with respect to the origination of a residential mortgage loan, performs clerical or support duties at the direction of and subject to the supervision and instruction of a licensee or a registered mortgage loan originator. For the purposes of this definition, clerical or support duties include (i) the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan and (ii) communication with a consumer to obtain the information necessary for the processing or underwriting of a residential mortgage loan, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms.\n\t\t&#8220;Mortgage loan originator&#8221; means an individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth or (ii) represents 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 described in clause (i).\n\t\t&#8220;Nationwide Multistate Licensing System and Registry&#8221; or &#8220;Registry&#8221; means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators.\n\t\t&#8220;Nontraditional mortgage product&#8221; means any mortgage product other than a 30-year fixed rate mortgage.\n\t\t&#8220;Real estate brokerage activities&#8221; means any activity that involves offering or providing real estate brokerage services to the public, including (i) acting as a real estate broker, real estate agent, or real estate salesperson for a buyer, seller, lessor, or lessee of real property; (ii) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; (iii) negotiating any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; (iv) engaging in any activity for which a person is required to be licensed or registered as a real estate broker, real estate agent, or real estate salesperson; and (v) offering to engage in any activity or act in any capacity described in clauses (i) through (iv).\n\t\t&#8220;Registered mortgage loan originator&#8221; means any individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth, (ii) is an employee of a covered financial institution, and (iii) is registered with, and maintains a unique identifier through, the Registry.\n\t\t&#8220;Residential mortgage loan&#8221; means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a dwelling.\n\t\t&#8220;Unique identifier&#8221; means a number or other identifier assigned by protocols established by the Registry that permanently identifies a mortgage loan originator.","order_by":null,"text":{"0":{"id":255849,"text":"As used in this chapter:\n\t\t&#8220;Act&#8221; means the federal Secure and Fair Enforcement for Mortgage Licensing Act, Title V (\u00a7 1501 et seq.) of the Housing and Economic Recovery Act of 2008, P.L. 110-289.\n\t\t&#8220;Administrative or clerical tasks&#8221; means the receipt, collection, and distribution of information common for the processing or underwriting of a residential mortgage loan in the mortgage industry and communication with the consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan.\n\t\t&#8220;Covered financial institution&#8221; has the same meaning as that term is defined in 12 C.F.R. \u00a7 1007.102.\n\t\t&#8220;Dwelling&#8221; means a residential structure or mobile home that contains one to four family housing units, or individual units of condominiums or cooperatives.\n\t\t&#8220;Employee&#8221; means an individual (i) whose manner and means of performance of work are subject to the right of control of, or are controlled by, a person and (ii) whose compensation for federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling person.\n\t\t&#8220;Immediate family member&#8221; means a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.\n\t\t&#8220;Licensee&#8221; means an individual licensed under this chapter.\n\t\t&#8220;Loan processor or underwriter&#8221; means an individual who, with respect to the origination of a residential mortgage loan, performs clerical or support duties at the direction of and subject to the supervision and instruction of a licensee or a registered mortgage loan originator. For the purposes of this definition, clerical or support duties include (i) the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan and (ii) communication with a consumer to obtain the information necessary for the processing or underwriting of a residential mortgage loan, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms.\n\t\t&#8220;Mortgage loan originator&#8221; means an individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth or (ii) represents 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 described in clause (i).\n\t\t&#8220;Nationwide Multistate Licensing System and Registry&#8221; or &#8220;Registry&#8221; means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators.\n\t\t&#8220;Nontraditional mortgage product&#8221; means any mortgage product other than a 30-year fixed rate mortgage.\n\t\t&#8220;Real estate brokerage activities&#8221; means any activity that involves offering or providing real estate brokerage services to the public, including (i) acting as a real estate broker, real estate agent, or real estate salesperson for a buyer, seller, lessor, or lessee of real property; (ii) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; (iii) negotiating any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; (iv) engaging in any activity for which a person is required to be licensed or registered as a real estate broker, real estate agent, or real estate salesperson; and (v) offering to engage in any activity or act in any capacity described in clauses (i) through (iv).\n\t\t&#8220;Registered mortgage loan originator&#8221; means any individual who (i) takes an application for or offers or negotiates the terms of a residential mortgage loan in which the dwelling is or will be located in the Commonwealth, (ii) is an employee of a covered financial institution, and (iii) is registered with, and maintains a unique identifier through, the Registry.\n\t\t&#8220;Residential mortgage loan&#8221; means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a dwelling.\n\t\t&#8220;Unique identifier&#8221; means a number or other identifier assigned by protocols established by the Registry that permanently identifies a mortgage loan originator.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14519,"edition_id":1,"name":"Mortgage Loan Originators","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13060,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":266129,"object_type":"structure","relational_id":14519,"identifier":"17","token":"6.2\/III\/17","url":"\/6.2\/III\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13060,"edition_id":1,"name":"Other Regulated Providers of Financial Services","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":265721,"object_type":"structure","relational_id":13060,"identifier":"III","token":"6.2\/III","url":"\/6.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70948,"structure_id":14519,"section_number":"6.2-1700","catch_line":"Definitions","url":"\/6.2-1700\/","token":"6.2\/III\/17\/6.2-1700","metadata":false},{"id":68765,"structure_id":14519,"section_number":"6.2-1701","catch_line":"License requirement","url":"\/6.2-1701\/","token":"6.2\/III\/17\/6.2-1701","metadata":false},{"id":85304,"structure_id":14519,"section_number":"6.2-1701.1","catch_line":"Bona fide nonprofit organizations","url":"\/6.2-1701.1\/","token":"6.2\/III\/17\/6.2-1701.1","metadata":false},{"id":55948,"structure_id":14519,"section_number":"6.2-1701.2","catch_line":"Repealed","url":"\/6.2-1701.2\/","token":"6.2\/III\/17\/6.2-1701.2","metadata":false},{"id":74984,"structure_id":14519,"section_number":"6.2-1701.3","catch_line":"Temporary authority to act as a mortgage loan originator","url":"\/6.2-1701.3\/","token":"6.2\/III\/17\/6.2-1701.3","metadata":false},{"id":74815,"structure_id":14519,"section_number":"6.2-1702","catch_line":"Application for license; form; content; fee","url":"\/6.2-1702\/","token":"6.2\/III\/17\/6.2-1702","metadata":false},{"id":60886,"structure_id":14519,"section_number":"6.2-1703","catch_line":"Bond required","url":"\/6.2-1703\/","token":"6.2\/III\/17\/6.2-1703","metadata":false},{"id":63021,"structure_id":14519,"section_number":"6.2-1704","catch_line":"Mortgage loan originator background checks","url":"\/6.2-1704\/","token":"6.2\/III\/17\/6.2-1704","metadata":false},{"id":80126,"structure_id":14519,"section_number":"6.2-1705","catch_line":"Coordination of licensing","url":"\/6.2-1705\/","token":"6.2\/III\/17\/6.2-1705","metadata":false},{"id":76977,"structure_id":14519,"section_number":"6.2-1706","catch_line":"Qualifications","url":"\/6.2-1706\/","token":"6.2\/III\/17\/6.2-1706","metadata":false},{"id":57179,"structure_id":14519,"section_number":"6.2-1707","catch_line":"Other conditions for mortgage loan originator licensing","url":"\/6.2-1707\/","token":"6.2\/III\/17\/6.2-1707","metadata":false},{"id":74630,"structure_id":14519,"section_number":"6.2-1708","catch_line":"Pre-licensing education of mortgage loan originators","url":"\/6.2-1708\/","token":"6.2\/III\/17\/6.2-1708","metadata":false},{"id":86756,"structure_id":14519,"section_number":"6.2-1709","catch_line":"Testing of mortgage loan originator applicants","url":"\/6.2-1709\/","token":"6.2\/III\/17\/6.2-1709","metadata":false},{"id":73180,"structure_id":14519,"section_number":"6.2-1710","catch_line":"Continuing education requirements","url":"\/6.2-1710\/","token":"6.2\/III\/17\/6.2-1710","metadata":false},{"id":62238,"structure_id":14519,"section_number":"6.2-1711","catch_line":"Licenses; places of business; changes","url":"\/6.2-1711\/","token":"6.2\/III\/17\/6.2-1711","metadata":false},{"id":75970,"structure_id":14519,"section_number":"6.2-1712","catch_line":"Repealed","url":"\/6.2-1712\/","token":"6.2\/III\/17\/6.2-1712","metadata":false},{"id":74171,"structure_id":14519,"section_number":"6.2-1712.1","catch_line":"Inactive mortgage loan originator licenses","url":"\/6.2-1712.1\/","token":"6.2\/III\/17\/6.2-1712.1","metadata":false},{"id":61396,"structure_id":14519,"section_number":"6.2-1713","catch_line":"Investigations; examinations","url":"\/6.2-1713\/","token":"6.2\/III\/17\/6.2-1713","metadata":false},{"id":76664,"structure_id":14519,"section_number":"6.2-1714","catch_line":"Annual fees","url":"\/6.2-1714\/","token":"6.2\/III\/17\/6.2-1714","metadata":false},{"id":68427,"structure_id":14519,"section_number":"6.2-1715","catch_line":"Advertising; use of a unique identifier","url":"\/6.2-1715\/","token":"6.2\/III\/17\/6.2-1715","metadata":false},{"id":59032,"structure_id":14519,"section_number":"6.2-1716","catch_line":"Suspension or revocation of license","url":"\/6.2-1716\/","token":"6.2\/III\/17\/6.2-1716","metadata":false},{"id":86396,"structure_id":14519,"section_number":"6.2-1717","catch_line":"Filing of written report with Commissioner; events affecting a licensee","url":"\/6.2-1717\/","token":"6.2\/III\/17\/6.2-1717","metadata":false},{"id":64231,"structure_id":14519,"section_number":"6.2-1718","catch_line":"Notice of proposed suspension or revocation","url":"\/6.2-1718\/","token":"6.2\/III\/17\/6.2-1718","metadata":false},{"id":60139,"structure_id":14519,"section_number":"6.2-1719","catch_line":"Civil penalties","url":"\/6.2-1719\/","token":"6.2\/III\/17\/6.2-1719","metadata":false},{"id":76095,"structure_id":14519,"section_number":"6.2-1720","catch_line":"Regulations; agreements between Commission and Registry","url":"\/6.2-1720\/","token":"6.2\/III\/17\/6.2-1720","metadata":false},{"id":85681,"structure_id":14519,"section_number":"6.2-1721","catch_line":"Cease and desist orders","url":"\/6.2-1721\/","token":"6.2\/III\/17\/6.2-1721","metadata":false}],"next_section":{"id":68765,"structure_id":14519,"section_number":"6.2-1701","catch_line":"License requirement","url":"\/6.2-1701\/","token":"6.2\/III\/17\/6.2-1701","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-1700\/","history_text":"<p>This law was first created in 2009. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0273\">273<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0453\">453<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0794\">794<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0301\">301<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0435\">435<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0052\">52<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0187\">187<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0020\">20<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0380\">380<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0295\">295<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0343\">343<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0740\">740<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":266131,"object_type":"law","relational_id":70948,"identifier":"6.2-1700","token":"6.2\/III\/17\/6.2-1700","url":"\/6.2-1700\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-1700\/","token":"6.2\/III\/17\/6.2-1700","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-1700","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter:\n\t\t&#8220;<span class=\"dictionary\">Act<\/span>&#8221; means the federal Secure and Fair Enforcement for Mortgage Licensing <span class=\"dictionary\">Act<\/span>, Title V (\u00a7&nbsp;1501 et seq.) of the Housing and Economic Recovery <span class=\"dictionary\">Act<\/span> of 2008, P.L. 110-289.\n\t\t&#8220;<span class=\"dictionary\">Administrative or clerical tasks<\/span>&#8221; means the receipt, collection, and distribution of information common for the processing or underwriting of a <span class=\"dictionary\">residential mortgage loan<\/span> in the mortgage industry and communication with the consumer to obtain information necessary for the processing or underwriting of a <span class=\"dictionary\">residential mortgage loan<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Covered financial institution<\/span>&#8221; has the same meaning as that term is defined in 12 C.F.R. \u00a7&nbsp;1007.102.\n\t\t&#8220;<span class=\"dictionary\">Dwelling<\/span>&#8221; means a residential structure or mobile home that contains one to four family housing units, or individual units of condominiums or cooperatives.\n\t\t&#8220;<span class=\"dictionary\">Employee<\/span>&#8221; means an individual (i) whose manner and means of performance of work are subject to the right of control of, or are controlled by, a <span class=\"dictionary\">person<\/span> and (ii) whose compensation for federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling <span class=\"dictionary\">person<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Immediate family member<\/span>&#8221; means a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.\n\t\t&#8220;<span class=\"dictionary\">Licensee<\/span>&#8221; means an individual licensed under this chapter.\n\t\t&#8220;<span class=\"dictionary\">Loan processor or underwriter<\/span>&#8221; means an individual who, with respect to the origination of a <span class=\"dictionary\">residential mortgage loan<\/span>, performs clerical or support duties at the direction of and subject to the supervision and instruction of a <span class=\"dictionary\">licensee<\/span> or a <span class=\"dictionary\">registered <span class=\"dictionary\">mortgage loan originator<\/span><\/span>. For the purposes of this definition, clerical or support duties include (i) the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a <span class=\"dictionary\">residential mortgage loan<\/span> and (ii) communication with a consumer to obtain the information necessary for the processing or underwriting of a <span class=\"dictionary\">residential mortgage loan<\/span>, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about <span class=\"dictionary\">residential mortgage loan<\/span> rates or terms.\n\t\t&#8220;<span class=\"dictionary\">Mortgage loan originator<\/span>&#8221; means an individual who (i) takes an application for or offers or negotiates the terms of a <span class=\"dictionary\">residential mortgage loan<\/span> in which the <span class=\"dictionary\">dwelling<\/span> is or will be located in the Commonwealth or (ii) represents 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 described in clause (i).\n\t\t&#8220;<span class=\"dictionary\">Nationwide Multistate Licensing System and Registry<\/span>&#8221; or &#8220;Registry&#8221; means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of <span class=\"dictionary\">mortgage loan originators<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Nontraditional mortgage product<\/span>&#8221; means any mortgage product other than a 30-year fixed rate mortgage.\n\t\t&#8220;<span class=\"dictionary\">Real estate brokerage activities<\/span>&#8221; means any activity that involves offering or providing real estate brokerage services to the public, including (i) acting as a real estate broker, real estate agent, or real estate salesperson for a buyer, seller, lessor, or lessee of real property; (ii) bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; (iii) negotiating any portion of a <span class=\"dictionary\">contract<\/span> relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; (iv) engaging in any activity for which a <span class=\"dictionary\">person<\/span> is required to be licensed or registered as a real estate broker, real estate agent, or real estate salesperson; and (v) offering to engage in any activity or <span class=\"dictionary\">act<\/span> in any capacity described in clauses (i) through (iv).\n\t\t&#8220;<span class=\"dictionary\">Registered <span class=\"dictionary\">mortgage loan originator<\/span><\/span>&#8221; means any individual who (i) takes an application for or offers or negotiates the terms of a <span class=\"dictionary\">residential mortgage loan<\/span> in which the <span class=\"dictionary\">dwelling<\/span> is or will be located in the Commonwealth, (ii) is an <span class=\"dictionary\">employee<\/span> of a <span class=\"dictionary\">covered financial institution<\/span>, and (iii) is registered with, and maintains a <span class=\"dictionary\">unique identifier<\/span> through, the Registry.\n\t\t&#8220;<span class=\"dictionary\">Residential mortgage loan<\/span>&#8221; means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a <span class=\"dictionary\">dwelling<\/span> or residential real estate upon which is constructed or intended to be constructed a <span class=\"dictionary\">dwelling<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Unique identifier<\/span>&#8221; means a number or other identifier assigned by protocols established by the Registry that permanently identifies a <span class=\"dictionary\">mortgage loan originator<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 6.2-1700)\n\nAs used in this chapter:\n\t\t&#8220;Act&#8221; means the federal Secure and Fair Enforcement for Mortgage\nLicensing Act, Title V (\u00a7 1501 et seq.) of the Housing and Economic Recovery\nAct of 2008, P.L. 110-289.\n\t\t&#8220;Administrative or clerical tasks&#8221; means the receipt, collection,\nand distribution of information common for the processing or underwriting of a\nresidential mortgage loan in the mortgage industry and communication with the\nconsumer to obtain information necessary for the processing or underwriting of a\nresidential mortgage loan.\n\t\t&#8220;Covered financial institution&#8221; has the same meaning as that term\nis defined in 12 C.F.R. \u00a7 1007.102.\n\t\t&#8220;Dwelling&#8221; means a residential structure or mobile home that\ncontains one to four family housing units, or individual units of condominiums\nor cooperatives.\n\t\t&#8220;Employee&#8221; means an individual (i) whose manner and means of\nperformance of work are subject to the right of control of, or are controlled\nby, a person and (ii) whose compensation for federal income tax purposes is\nreported, or required to be reported, on a W-2 form issued by the controlling\nperson.\n\t\t&#8220;Immediate family member&#8221; means a spouse, child, sibling, parent,\ngrandparent, or grandchild. This includes stepparents, stepchildren,\nstepsiblings, and adoptive relationships.\n\t\t&#8220;Licensee&#8221; means an individual licensed under this chapter.\n\t\t&#8220;Loan processor or underwriter&#8221; means an individual who, with\nrespect to the origination of a residential mortgage loan, performs clerical or\nsupport duties at the direction of and subject to the supervision and\ninstruction of a licensee or a registered mortgage loan originator. For the\npurposes of this definition, clerical or support duties include (i) the receipt,\ncollection, distribution, and analysis of information common for the processing\nor underwriting of a residential mortgage loan and (ii) communication with a\nconsumer to obtain the information necessary for the processing or underwriting\nof a residential mortgage loan, to the extent that such communication does not\ninclude offering or negotiating loan rates or terms, or counseling consumers\nabout residential mortgage loan rates or terms.\n\t\t&#8220;Mortgage loan originator&#8221; means an individual who (i) takes an\napplication for or offers or negotiates the terms of a residential mortgage loan\nin which the dwelling is or will be located in the Commonwealth or (ii)\nrepresents to the public, through advertising or other means of communicating or\nproviding information, including the use of business cards, stationery,\nbrochures, signs, rate lists, or other promotional items, that such individual\ncan or will perform any of the activities described in clause (i).\n\t\t&#8220;Nationwide Multistate Licensing System and Registry&#8221; or\n&#8220;Registry&#8221; means a mortgage licensing system developed and\nmaintained by the Conference of State Bank Supervisors and the American\nAssociation of Residential Mortgage Regulators for the licensing and\nregistration of mortgage loan originators.\n\t\t&#8220;Nontraditional mortgage product&#8221; means any mortgage product other\nthan a 30-year fixed rate mortgage.\n\t\t&#8220;Real estate brokerage activities&#8221; means any activity that\ninvolves offering or providing real estate brokerage services to the public,\nincluding (i) acting as a real estate broker, real estate agent, or real estate\nsalesperson for a buyer, seller, lessor, or lessee of real property; (ii)\nbringing together parties interested in the sale, purchase, lease, rental, or\nexchange of real property; (iii) negotiating any portion of a contract relating\nto the sale, purchase, lease, rental, or exchange of real property, other than\nin connection with providing financing with respect to any such transaction;\n(iv) engaging in any activity for which a person is required to be licensed or\nregistered as a real estate broker, real estate agent, or real estate\nsalesperson; and (v) offering to engage in any activity or act in any capacity\ndescribed in clauses (i) through (iv).\n\t\t&#8220;Registered mortgage loan originator&#8221; means any individual who (i)\ntakes an application for or offers or negotiates the terms of a residential\nmortgage loan in which the dwelling is or will be located in the Commonwealth,\n(ii) is an employee of a covered financial institution, and (iii) is registered\nwith, and maintains a unique identifier through, the Registry.\n\t\t&#8220;Residential mortgage loan&#8221; means any loan primarily for personal,\nfamily, or household use that is secured by a mortgage, deed of trust, or other\nequivalent consensual security interest on a dwelling or residential real estate\nupon which is constructed or intended to be constructed a dwelling.\n\t\t&#8220;Unique identifier&#8221; means a number or other identifier assigned by\nprotocols established by the Registry that permanently identifies a mortgage\nloan originator.\n\nHISTORY: 2009, cc. 273, 453, \u00a7 6.1-431.1; 2010, c. 794; 2011, cc. 301, 435;\n2012, cc. 52, 187; 2013, cc. 20, 380; 2014, cc. 295, 343; 2019, c. 740.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}