§ 19-14.10-4. License and registration required.
(a) An individual, unless specifically exempted from this chapter under subsection (b),
shall not engage in the business of a mortgage loan originator with respect to any
dwelling located in this state without first obtaining and maintaining annually a
license under this chapter. Each licensed mortgage loan originator must register with
and maintain a valid unique identifier issued by the Nationwide Multistate Licensing
System and registry.
(b) The following individuals are exempt from this chapter:
(1) Registered mortgage loan originators, when acting for an entity described in § 19-14.10-3(10)(i)(A), (10)(i)(B), or (10)(i)(C) are exempt from this chapter.
(2) Any individual who offers or negotiates terms of a residential mortgage loan with
or on behalf of an immediate family member of the individual.
(3) Any individual who offers or negotiates terms of a residential mortgage loan secured
by a dwelling that served as the individual's residence.
(4) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf
of a client as an ancillary matter to the attorney's representation of the client,
unless the attorney 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.
(5) A licensed attorney when performing loan closing services for a licensed lender, licensed
loan broker, or for an entity exempt from licensing under § 19-14.1-10(a)(4);
(6) A mortgage loan originator: (i) Who is employed by a lender or loan broker licensed
under chapter 14 and/or chapter 14.1 of this title; (ii) Who works at a qualified
location; (iii) Who is registered with, and maintains a unique identifier through,
the Nationwide Multistate Licensing System; (iv) Who acts only as a mortgage loan
originator for residential mortgage loans secured by dwellings (as defined in Section
103(v) of the Truth in Lending Act) constructed, or to be constructed, on real property
located in states other than Rhode Island; and (v) Who is licensed or registered as
required by applicable law in each state in which such real property is located. As
used herein, the term "qualified location� means a location licensed under chapter
14 of this title that serves as the primary place of employment of at least one mortgage
loan originator licensed under this chapter or a remote location.
(c) An individual loan processor or underwriter who is an independent contractor may not
engage in the activities of a loan processor or underwriter unless the independent
contractor loan processor or underwriter obtains and maintains a license under chapter
14 of this title and this chapter. Each independent contractor loan processor or underwriter
licensed as a mortgage loan originator must have and maintain a valid unique identifier
issued by the Nationwide Multistate Licensing System and registry.
(d) For the purposes of implementing an orderly and efficient licensing process the director,
or the director's designee, may establish licensing rules or regulations and interim
procedures for licensing and acceptance of applications. For previously registered
or licensed individuals the director, or the director's designee, may establish expedited
review and licensing procedures as follows:
(1) A mortgage loan originator applicant whose employer at the time of application for
a mortgage loan originator license is an entity described in § 19-14.10-3(10)(i)(A), (10)(i)(B), or (10)(i)(C) and who has been assigned a unique identifier through
the Nationwide Multistate Licensing System and registry and who has completed and
filed with the director, or the director's designee, all information, documents, and
requirements for licensure pursuant to this chapter shall be permitted to continue
to act as a mortgage loan originator for the period prior to action being taken on
his or her application by the director, or the director's designee;
(2) A mortgage loan originator applicant who has been assigned a unique identifier through
the Nationwide Multistate Licensing System and who has completed and filed with the
director, or the director's designee, all information, documents, and requirements
for licensure pursuant to this chapter and whose employer at the time of application
for a mortgage loan originator license is a lender or loan broker licensed under chapters
14 and 14.1 of this title, shall be permitted to continue to act as a mortgage loan
originator for the period prior to action being taken on his or her application by
the director, or director's designee, if the applicant and a senior officer or principal
of such lender or loan broker files written attestation to the director, or the director's
designee that:
(i) The applicant is currently, or has within the six-month (6) period prior to the date
of the application, been acting as a registered mortgage loan originator in this state
or as a state-licensed mortgage loan originator in another state, in either case under
the provisions of Section 1507 of the SAFE Act, 12 U.S.C. § 5106;
(ii) The applicant has never had a mortgage loan license or registration denied, revoked,
or suspended in any governmental jurisdiction; and
(iii) The applicant has not been convicted of a felony that would otherwise authorize the
director, or the director's designee, to deny the applicant a license.
(3) Any provisional authority to act as a mortgage loan originator issued pursuant to
this subsection (d) shall expire on the earlier of: (i) The date on which the director,
or the director's designee, issues or denies the application for the license; or (ii)
One hundred twenty (120) days from the date of application for the license.
(4) The director, or the director's designee, may deny or suspend the rights of a lender
or loan broker licensed under chapter 14 or 14.1 of this title to employ a mortgage
loan originator under this subsection (d) if the director, or the director's designee,
finds that such lender or loan broker, a senior official or principal thereof, or
the applicant failed to exercise due diligence and good faith when submitting the
attestations required in subsection (d)(1) or (d)(2).