North Carolina § 53-244 - 100. Active license or registration requirements and assignability.

§ 53-244. 100. Active license or registration requirements and assignability.

It is unlawful for any person to engage in the mortgage business without first obtaining a license as a mortgage loan originator, transitional mortgage loan originator, mortgage lender, mortgage broker, or mortgage servicer issued by the Commissioner under this Article. It is unlawful for any person to employ, to compensate, or to appoint as its agent a mortgage loan originator unless the person is a licensed mortgage loan originator or a transitional mortgage loan originator under this Article. Persons defined in G.S. 53-244.030(8) or G.S. 53-244.030(29) are not subject to this subsection. The license of a mortgage loan originator or transitional mortgage loan originator is not effective during any period when that person is not employed by (i) a mortgage lender, mortgage broker, or mortgage servicer licensed under this Article or (ii) a mortgage origination support registrant registered under this Article, but only for the purpose of supervising and controlling loan processors or underwriters. When a mortgage loan originator or transitional mortgage loan originator ceases to be employed by a mortgage lender, mortgage broker, or mortgage servicer licensed under this Article, or a mortgage origination support registrant registered under this Article, the mortgage loan originator or transitional mortgage loan originator and the mortgage lender, mortgage broker, or mortgage servicer licensed under this Article, or the mortgage origination support registrant registered under this Article, by whom that person was employed shall promptly notify the Commissioner in writing. The mortgage lender, mortgage broker, mortgage servicer, or mortgage origination support registrant shall include a statement of the specific reason for the termination of the mortgage loan originator's or transitional mortgage loan originator's employment. A mortgage loan originator or transitional mortgage loan originator shall not be employed simultaneously by more than one mortgage lender, mortgage broker, mortgage servicer, or mortgage support registrant licensed or registered under this Article. Each mortgage lender, mortgage broker, mortgage servicer, and mortgage origination support registrant licensed or registered under this Article shall maintain on file with the Commissioner a list of all mortgage loan originators and transitional mortgage loan originators who are employed with the mortgage lender, mortgage broker, mortgage servicer, or mortgage origination support registrant. No person, other than an exempt person, shall hold himself or herself out as a mortgage lender, a mortgage broker, a mortgage servicer, a mortgage loan originator, a transitional mortgage loan originator, or mortgage origination support registrant unless the person is licensed or registered in accordance with this Article. Licenses and registrations issued under this Article are not assignable. Control of a licensee or registrant shall not be acquired through a stock purchase, merger, or other device without the prior written consent of the Commissioner. The Commissioner shall not give written consent if the Commissioner finds that any of the grounds for denial, revocation, or suspension of a license or registration are applicable to the acquiring person. History (2009-374, s. 2; 2013-327, s. 6; 2015-293, s. 1.) Editor's Note. - Session Laws 2013-327, s. 17, made the amendment to this section by Session Laws 2013-327, s. 6, applicable to applications for licensure as a transitional mortgage loan originator filed on or after September 1, 2013. Session Laws 2015-293, s. 4, made the amendment to this section by Session Laws 2015-293, s. 1, applicable to all applications for registration as a mortgage origination support registrant filed on or after November 1, 2015. Session Laws 2015-293, s. 2 is a severability clause. Session Laws 2015-293, s. 3, provides: "The Commissioner of Banks may adopt temporary rules to administer this act." Effect of Amendments. - Session Laws 2013-327, s. 6, effective September 1, 2013, added "or transitional mortgage loan originator" or similar language throughout subsections (a) through (d); and made a minor stylistic change in subsection (d). For applicability, see editor's note. Session Laws 2015-293, s. 1, effective November 1, 2015, inserted "or registration" in the section heading; inserted "or a mortgage origination support registrant registered under this Article," "or registered," and similar language referring to registrants and registration throughout subsections (b) through (e); in subsection (b), added clause (ii) in the first sentence and substituted "was employed" for "is employed" in the second sentence; and made related changes. For applicability, see editor's note.