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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70948</law_id><section_number>6.2-1700</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="6.2">Financial Institutions and Services</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Other Regulated Providers of Financial Services</unit><unit label="chapter" level="3" order_by="1" identifier="17">Mortgage Loan Originators</unit></structure><text>
						<section><p>As used in this chapter:
		&#x201C;<span class="dictionary">Act</span>&#x201D; means the federal Secure and Fair Enforcement for Mortgage Licensing <span class="dictionary">Act</span>, Title V (&#xA7;&#xA0;1501 et seq.) of the Housing and Economic Recovery <span class="dictionary">Act</span> of 2008, P.L. 110-289.
		&#x201C;<span class="dictionary">Administrative or clerical tasks</span>&#x201D; 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>.
		&#x201C;<span class="dictionary">Covered financial institution</span>&#x201D; has the same meaning as that term is defined in 12 C.F.R. &#xA7;&#xA0;1007.102.
		&#x201C;<span class="dictionary">Dwelling</span>&#x201D; means a residential structure or mobile home that contains one to four family housing units, or individual units of condominiums or cooperatives.
		&#x201C;<span class="dictionary">Employee</span>&#x201D; 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>.
		&#x201C;<span class="dictionary">Immediate family member</span>&#x201D; means a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.
		&#x201C;<span class="dictionary">Licensee</span>&#x201D; means an individual licensed under this chapter.
		&#x201C;<span class="dictionary">Loan processor or underwriter</span>&#x201D; 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.
		&#x201C;<span class="dictionary">Mortgage loan originator</span>&#x201D; 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).
		&#x201C;<span class="dictionary">Nationwide Multistate Licensing System and Registry</span>&#x201D; or &#x201C;Registry&#x201D; 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>.
		&#x201C;<span class="dictionary">Nontraditional mortgage product</span>&#x201D; means any mortgage product other than a 30-year fixed rate mortgage.
		&#x201C;<span class="dictionary">Real estate brokerage activities</span>&#x201D; 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).
		&#x201C;<span class="dictionary">Registered <span class="dictionary">mortgage loan originator</span></span>&#x201D; 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.
		&#x201C;<span class="dictionary">Residential mortgage loan</span>&#x201D; 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>.
		&#x201C;<span class="dictionary">Unique identifier</span>&#x201D; 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></text><history>2009, cc. 273, 453, &#xA7; 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.</history><metadata></metadata></law>
