§ 13-10-02 — Definitions

For purposes of this chapter:
1. "Depository institution" has the same meaning as is currently defined under section 3
of the Federal Deposit Insurance Act and includes any credit union.
2. "Federal banking agencies" means the board of governors of the federal reserve
system, the comptroller of the currency, the director of the office of thrift supervision,
the national credit union administration, and the federal deposit insurance corporation.
3. "Immediate family member" means a spouse, child, sibling, parent, grandparent, or
grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive
relationships.
4. "Individual" means a natural person.
5. "Loan processor or underwriter" means an individual who performs clerical or support
duties as an employee at the direction of and subject to the supervision and instruction
of a person licensed, or exempt from licensing, under this chapter.
a. For purposes of this subsection, "clerical or support duties" may include
subsequent to the receipt of an application:
(1) The receipt, collection, distribution, and analysis of information common for
the processing or underwriting of a residential mortgage loan; and
(2) Communicating with a consumer to obtain the information necessary for the
processing or underwriting of a 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.
b. An individual engaging solely in loan processor or underwriter activities shall 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 mortgage loan originator.
6. "Mortgage loan originator":
a. Means an individual who for compensation or gain or in the expectation of
compensation or gain:
(1) Takes a residential mortgage loan application; or
(2) Offers or negotiates terms of a residential mortgage loan;
b. Does not include an individual engaged solely as a loan processor or underwriter
except as otherwise provided in subsection 4 of section 13-10-03;
c. Does not include a person or entity that only performs real estate brokerage
activities and is licensed or registered in accordance with North Dakota law,
unless the person or entity is compensated by a lender, a mortgage broker, or
other mortgage loan originator or by any agent of such lender, mortgage broker,
or other mortgage loan originator; and
d. Does not include a person or entity solely involved in extensions of credit relating
to timeshare plans, as that term is defined in 11 U.S.C. 101(53D).
7. "Nationwide mortgage licensing system and registry" 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 licensed mortgage loan originators.
8. "Nontraditional mortgage product" means any mortgage product other than a
thirty-year fixed rate mortgage.

9. "Person" means a natural person, corporation, company, limited liability company,
partnership, or association.
10. "Real estate brokerage activity" means any activity that involves offering or providing
real estate brokerage services to the public, including:
a. Acting as a real estate agent or real estate broker for a buyer, seller, lessor, or
lessee of real property;
b. Bringing together parties interested in the sale, purchase, lease, rental, or
exchange of real property;
c. Negotiating, on behalf of any party, 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;
d. Engaging in any activity for which a person engaged in the activity is required to
be registered or licensed as a real estate agent or real estate broker under any
applicable law; and
e. Offering to engage in any activity, or act in any capacity, described in this
subsection.
11. "Registered mortgage loan originator" means any individual who:
a. Meets the definition of mortgage loan originator and is an employee of:
(1) A depository institution;
(2) A subsidiary that is:
(a) Owned and controlled by a depository institution; and
(b) Regulated by a federal banking agency; or
(3) An institution regulated by the farm credit administration; and
b. Is registered with, and maintains a unique identifier through, the nationwide
mortgage licensing system and registry.
12. "Residential mortgage loan" 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, as defined in section 103(v) of the Truth in
Lending Act, or residential real estate upon which is constructed or intended to be
constructed such a dwelling.
13. "Residential real estate" means any real property located in North Dakota, upon which
is constructed or intended to be constructed a dwelling.
14. "Unique identifier" means a number or other identifier assigned by protocols
established by the nationwide mortgage licensing system and registry.