Guam § 36303 - Definitions.

§ 36303. Definitions.

For purposes of this Act, the following definitions shall apply:

(a) Clerical or Support Duties. For purposes of this Subsection,

the term “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) Commissioner means Guam’s Commissioner of Banking and

Insurance.

(c) Depository Institution has the same meaning as in Section 3

of the Federal Deposit Insurance Act. It means any bank or savings

association, including any credit union.

(d) 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.

(e) Immediate Family Member means a spouse, child, sibling,

parent, grandparent, or grandchild. This includes stepparents,

stepchildren, stepsiblings, and adoptive relationships.

(f) Individual means a natural person.

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(g) 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.

(h) Mortgage Loan Originator 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;

(A) does not include an individual engaged solely as a

loan processor or underwriter;

(B) does not include a person or entity that only

performs real estate brokerage activities and is licensed or

registered in accordance with Guam 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

(C) does not include a person or entity solely involved in

extensions of credit relating to timeshare plans, as that term is

defined in Section 101(53D) of Title 11, United States Code.

(i) 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.

(j) Non-profit Organization means any organization located within

or off island from Guam that has a tax exempt status as a charitable

organization, such as under Section 501(c)(3) of the Internal Revenue

Code.

(k) Non-traditional Mortgage Product means any mortgage

product other than a thirty (30) year fixed rate mortgage.

(l) Person means a natural person, corporation, company, limited

liability company, partnership, or association.

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(m) Real Estate Brokerage Activity means any activity that

involves offering or providing real estate brokerage services to the

public, including:

(1) acting as a real estate agent or real estate broker for a

buyer, seller, lessor, or lessee of real property;

(2) bringing together parties interested in the sale, purchase,

lease, rental, or exchange of real property;

(3) 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);

(4) 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

(5) offering to engage in any activity, or act in any capacity,

described in Subsections (1), (2), (3), or (4) of this Subsection

(m).

(n) Registered Mortgage Loan Originator means any individual

who:

(1) meets the definition of mortgage loan originator and is

an employee of:

(A) a depository institution;

(B) a subsidiary that is:

(i) owned and controlled by a depository

institution; and

(ii) regulated by a Federal banking agency; or

(iii) an institution regulated by the Farm Credit

Administration; and

(iv) is registered with, and maintains a unique

identifier through, the Nationwide Mortgage Licensing

System and Registry.

(o) Representations to the public. An individual engaging solely

in loan processor or underwriter activities, shall not represent to the

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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.

(p) Residential Mortgage Broker Branch means any branch office

located within or off island from Guam that provides services from

other than a main office located within Guam, which for compensation

or gain, or in the expectation of compensation or gain, (1) assists a

person in obtaining or applying to obtain a residential mortgage loan; or

(2) holds himself or herself out as being able to assist a person in

obtaining or applying to obtain a residential mortgage loan. A mortgage

broker either prepares a residential mortgage loan for funding by

another entity or table-funds the residential mortgage loan.

(q) Residential Mortgage Broker Company means any company

located within Guam which for compensation or gain, or in the

expectation of compensation or gain, (1) assists a person in obtaining or

applying to obtain a residential mortgage loan; or (2) holds himself or

herself out as being able to assist a person in obtaining or applying to

obtain a residential mortgage loan. A mortgage broker either prepares a

residential mortgage loan for funding by another entity or table-funds

the residential mortgage loan.

(r) Residential Mortgage Lender Branch means any branch office

located within or off island from Guam that provides services from

other than a main office located within Guam, which for a fee,

compensation or gain takes, offers, negotiates, approves or disapproves

the financing of a loan secured by a mortgage with respect to any

dwelling that is located in Guam.

(s) Residential Mortgage Lender Company means any company

located within Guam that for a fee, compensation or gain takes, offers,

negotiates, approves or disapproves the financing of a loan secured by a

residential mortgage with respect to any dwelling that is located in

Guam.

(t) Residential Mortgage Lender and Servicer Branch means any

branch office located within or off island from Guam that provides

services from other than a main office located within Guam, which for

a fee or compensation or gain takes, offers, negotiates, approves or

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disapproves the financing of a loan and provides services, which

include the receipt of periodic payments from a borrower and making

payments of principal and interest, and other payments pursuant to the

terms of a loan secured by a residential mortgage with respect to any

dwelling that is located in Guam.

(u) Residential Mortgage Lender and Servicer Company means

any company located within Guam that for a fee, compensation or gain

takes, offers, negotiates, approves or disapproves the financing of a

loan and provides services, which include the receipt of periodic

payments from a borrower and making payments of principal and

interest, and other payments pursuant to the terms of a loan secured by

a residential mortgage with respect to any dwelling that is located in

Guam.

(v) Residential Mortgage Servicer Branch means any branch

office located within or off island from Guam that for a fee or

compensation provides services, which include the receipt of periodic

payments from a borrower and making payments of principal and

interest, and other payments pursuant to the terms of the loan secured

by a residential mortgage.

(w) Residential Mortgage Servicer Company means any company

located within or off island from Guam that for a fee or compensation

provides services, which include the receipt of periodic payments from

a borrower and making payments of principal and interest, and other

payments pursuant to the terms of the loan secured by residential

mortgage.

(x) 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 a

dwelling (as so defined).

(y) Residential Real Estate means any real property located in

Guam, upon which is constructed or intended to be constructed a

dwelling.

(z) Unique Identifier means a number or other identifier assigned

by protocols established by the Nationwide Mortgage Licensing System

and Registry.

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