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Mortgage Broker, Lender, and Servicer FAQ

 

What is the licensing year for first mortgage brokers, lenders, and servicers?

What is the licensing year for secondary mortgage brokers, lenders, and servicers?

Did the change of the first mortgage licensing year affect the first mortgage surety bond expiration date of June 30?

Do the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act require a licensee or registrant to have an actual physical office location in Michigan?

Is a licensee or registrant required to obtain authority to conduct business in Michigan?

How do I apply for a license or registration to make mortgage loans?

What is the difference between a bank and a mortgage company?

I applied for a mortgage loan and I think I was "red-lined".  What should I do?

My mortgage company refuses to give me a copy of my appraisal report.  What can I do?
What is the highest rate of interest I can be charged on a mortgage loan?
   
Question What is the licensing year for first mortgage brokers, lenders, and servicers?
Answer

Beginning January 1, 2009, the licensing year for first mortgage brokers, lenders, and servicers is January 1 through December 31.

   
Question

What is the licensing year for secondary mortgage brokers, lenders, and servicers?

Answer

The licensing year for secondary mortgage brokers, lenders, and servicers is January 1 through December 31

   
Question

Did the change of the first mortgage licensing year affect the first mortgage surety bond expiration date of June 30?

Answer

Yes, during the 2008 renewal period, licensees were required to correct the expiration date on their surety bond to December 31.  The first mortgage surety bond form included in the FIS 1140 application form reflects the December 31 expiration date.

   
Question

Do the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act require a licensee or registrant to have an actual physical office location in Michigan?

Answer No, the Mortgage Brokers, Lenders, and Servicers Licensing Act and the Secondary Mortgage Loan Act do not require that an intended licensee or registrant have a physical location in the state of Michigan. However, a licensee or registrant is required to have a Michigan resident agent.
   
Question

Is a licensee or registrant required to obtain authority to conduct business in Michigan?

Answer Yes, if an intended licensee or registrant is a corporation, limited liability company, etc., authority to conduct business as a foreign entity, or an exemption, must be obtained from the Michigan Corporation Division of the Bureau of Commercial Services.
   
Question

How do I apply for a license or registration to make mortgage loans?

Answer Use the application forms MU1, MU2, FIS 1140, and FIS 2053 that are available on the Office of Financial and Insurance Regulation website at http://www.michigan.gov/difs/0,4601,7-154-35299_10555_22535_22536---,00.html.  Procedures are included in the applications.  Licensing personnel are available to answer questions about licensing or registration requirements at (877) 999-6442.
   
Question

What is the difference between a bank and a mortgage company?

Answer Both banks and mortgage companies can make mortgage loans.  Banks, however, can also take deposits of your money, which can be placed into a savings account or checking account, but mortgage companies cannot take deposits.
   
Question

I applied for a mortgage loan and I think I was "red-lined". What should I do?

Answer If you feel that your loan was denied because of the ethnic characteristics of the neighborhood you live in or because of the geographic area in which the property in question is located, you can contact us at (877) 999-6442 and request a complaint form, or access the complaint form on the Office of Financial and Insurance Regulation website at http://www.michigan.gov/difs/0,4601,7-154-35299_10555_12902_12907---,00.html.  Also, if you feel that your loan was denied because of your religion, race, color, national origin, age, sex, height, weight, or marital status, you can call the Department of Civil Rights at (517) 335-3165 or (313) 456-3700 for further information.
   
Question

My mortgage company refuses to give me a copy of my appraisal report. What can I do?

Answer

Regulation B, issued by the Federal Reserve Board, requires that the lender provide you with a copy of your appraisal report, but only if you paid for it.  You must make a written request for a copy of your appraisal.  If the mortgage company continues to refuse to supply you with a copy of your appraisal report, you can contact us at (877) 999-6442 and request a complaint form, or access the complaint form on the Office of Financial and Insurance Regulation website athttp://www.michigan.gov/difs/0,4601,7-154-35299_10555_12902_12907---,00.html.  Upon receipt of the completed form, we will contact the mortgage company on your behalf.

   
Question

What is the highest rate of interest I can be charged on a mortgage loan?

Answer PL 96-221 (a federal law) eliminated interest rate ceilings on all first lien mortgage loans in 1981.  If you would like more information on interest rates in Michigan, please see the Michigan Statutory Interest Rate Ceilings on the Office of Financial and Insurance Regulation website at http://www.michigan.gov/documents/cis_ofis_ceilings_24956_7.pdf
   
 

The answers provided are not meant to be a substitute for legal advice.

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