A licensee or registrant may amend the business address, mailing address, telephone number, fax number, website address, email address, name, proof of financial responsibility deposit, company officials, and branch office locations of its license or registration certificate. A duplicate certificate can be issued if misplaced or lost. A change in activity authority status, legal entity type, or domicile requires a new application. Refer to specific instructions below.
The Mortgage Brokers, Lenders, and Servicers Licensing Act, Public Act 173 of 1987 allows for the amendment to a first mortgage license or registration certificate. Sections related to the Commissioner’s powers and the amendment fees state:
“Sec. 11(1) The commissioner shall exercise general supervision and control over mortgage brokers, mortgage lenders, and mortgage servicers doing business in this state.”
“Sec. 8(3)( c) For amending or reissuing a license or registration, a fee of not less than $15.00 or more than $200.00.”
The Secondary Mortgage Loan Act, Public Act 125 of 1981 allows for the amendment to a second mortgage license or registration certificate. Sections related to the Commissioner’s powers and the amendment fees state:
“Sec 6b(1) The commissioner shall exercise general supervision and control over brokers, lenders, and servicers doing business in this state.”
“Sec. 6a(6)(c) For amending or reissuing a license or registration, a fee of not less than $15.00 or more than $200.00.”
Business Address Amendment:
If a licensee or registrant changes its business address, a request is to be made to amend the license or registration certificate.
- Submit to OFIR a completed Pre-Notification Form MU1, with the new address listed. The applicable Pre-Notification Form MU1 is located on the OFIR website www.michigan.gov/ofir.
- Return to OFIR the license and/or registration certificate that contains the commissioner’s signature, and the gold seal or watermark.
- Provide a surety bond rider or amended irrevocable letter of credit directly to OFIR that reflects the current and new business address. If licensee or registrant is exempt from this requirement, no document is needed.
- Once the pre-notification is approved by OFIR, OFIR will notify licensee or registrant of approval, then file the business address amendment through appropriate MU1 Forms in the NMLS. A $50.00 amendment fee for each license or registration certificate will be collected through the NMLS at the time of that filing.
Mailing Address, Telephone Number, Fax Number, Website Address, E-Mail Address Amendments:
Any change of mailing address, telephone numbers, fax numbers, website address, or e-mail address is reported on the applicable Form MU1 and Form MU2 through the NMLS. There is no cost or additional documents to be submitted to OFIR for these amendments.
Branch Office Locations Additions and Deletions:
An office location where licensee or registrant conducts business with consumers, and is under the general control of the licensee or registrant, belonging to or leased by the licensee or registrant, and staffed with employees of the licensee or registrant, may amend the record by sending written notification to OFIR directly, and does not require completion of a Form MU3 through the NMLS. There is no cost for this record amendment.
- To add a branch office location, send written notification to OFIR new branch information, such as address location, telephone number, facsimile number, website address, e-mail addresses, and name under which it intends to operate.
- To delete a branch office location, send written notification to OFIR stating each branch location being deleted.
Name Amendment:
A person or company is not authorized to use a name other than that reflected on the license or registration certificate. If a licensee or registrant intends to transact business with a name other than stated on the certificate, it must first obtain an amended license or registration certificate with that name. This includes the company name as well as any changes to the assumed name. Send the following items directly to OFIR:
- Completed applicable pages of the Pre-Notification Form MU1, which includes the new name. The applicable Pre-Notification Form MU1 is located on the OFIR website www.michigan.gov/ofir.
- The license and/or registration certificate that contains the commissioner’s signature, and the gold seal or watermark.
- A surety bond rider or amended irrevocable letter of credit that reflects the change of name. If licensee or registrant is exempt from this requirement, no documentation is needed.
- A registrant must supply confirmation that its qualification to register has been amended. For example, the FNMA, FHLMC, or GNMA approval letter must confirm any changes to the name.
- The Michigan authority to conduct business, articles of incorporation, articles of organization, or articles of partnership must be amended and confirmed prior to approval of the name. If changing Corporate, LLC or LP name, or adding, deleting, or changing a trade name (“dba”), contact the Michigan Bureau of Commercial Services, Corporation Division at (517) 241-6470 or online at www.michigan.gov/bcs. Individuals adding, deleting, or changing a trade name (“dba”), contact the counties you are doing business in to change the trade name.
- Once the pre-notification is approved by OFIR, OFIR will notify licensee or registrant of approval, and then file the name amendment through the NMLS. A $50.00 amendment fee for each license or registration certificate will be collected through the NMLS at the time of that filing.
Proof of Financial Responsibility Deposit Amendment:
If a mortgage broker licensee or registrant chooses to change from an exempt status to being bonded, or chooses to have an exempt status in place of holding a surety bond, it may do so under certain legal conditions. Send the following items directly to OFIR:
- The license and/or registration certificate that contains the commissioner’s signature, and the gold seal or watermark directly to OFIR.
- A $50.00 amendment fee for each license or registration certificate directly to OFIR.
- Any changes of proof of financial responsibility deposit are reported on the applicable Form FIS 1140 located on the OFIR website www.michigan.gov/ofir.
- If licensee or registrant, which is a broker only, changing from an exemption declaration to a surety bond or irrevocable letter of credit, it will provide an audited or unaudited financial statement showing a net worth of at least $25,000. Upload financial statements through the NMLS.
Change in Company Officials:
Any change to executive officers, company officers, official managers, and other control persons must be reported on the applicable Form MU1 and Form MU2 through the NMLS. OFIR does not require documentation to report new control persons unless that person obtains or disposes of ownership. If there is a change in ownership greater than 25%, this change is defined as a transfer, which requires the commissioner’s consent. Select the Transfer Instructions-1st and 2nd Mortgage on the OFIR website www.michigan.gov/ofir to read these instructions.
Issuance of Duplicate Certificate if Misplaced or Lost:
If a license and/or registration certificate has been lost or misplaced, a duplicate certificate can be requested directly from OFIR by providing the following:
- A letter attesting to the loss.
- A $50.00 amendment fee for each license or registration certificate is sent directly to OFIR.
- If amending business address, name, or proof of financial responsibility deposit, and you cannot locate original certificate, you do not need to request a duplicate certificate prior to requesting amendment.
Activity Authority Amendment:
Any change in activity authority status requires a new application, new license/registration fees, and a new investigation fee filed through the NMLS. For example: 1st mortgage broker licensee requesting mortgage lender authority would reapply as a 1st mortgage broker and lender licensee, and pay new license and investigation fees. Currently, mortgage licenses and registrations are authorized as broker, broker/lender, and broker/lender/servicer.
Change in State Domicile:
A licensee or registrant that changes its state of domicile, because it has organized in a different state, must submit a new application, its license certificate, new license/registration fees, and new investigation fee directly to OFIR along with pre-notification forms. For example: 1st mortgage broker licensee converts from a Delaware corporation to a Michigan corporation would reapply for 1st mortgage broker license and pay a new license and investigation fee. Send the following items to OFIR:
- A completed Pre-Notification Form MU1 and MU2, using the new state domicile. The applicable Pre-Notification Forms MU1 and MU2 are located on the OFIR website www.michigan.gov/ofir.
- The applicable license/registration fee and investigation fee. The fee schedule is located on the OFIR website www.michigan.gov/ofir.
- The license and/or registration certificate that contains the commissioner’s signature, and the gold seal or watermark.
- A new proof of financial responsibility deposit is supplied on the applicable Form FIS 1140 located on the OFIR website.
- Registrant’s supplies confirmation that it qualifies to register. For example, the FNMA, FHLMC, or GNMA approval letter is submitted to OFIR.
- The Michigan authority to conduct business, is filed and confirmed prior to approval of the entity name. If changing Corporate, LLC or LP name, contact the Michigan Bureau of Commercial Services Corporation Division at (517) 241-6470 or online at www.michigan.gov/bcs.
- Once the pre-notification is approved the state domicile, OFIR will notify licensee or registrant of approval, and then amendment is filed through NMLS.
Change in Legal Entity Type:
When a licensee or registrant intends to change its legal entity type, the change requires a new application. For example: 1st mortgage broker licensee converts from a corporation to a limited liability company would submit a new application for a 1st mortgage broker license and pay a new license and investigation fee. Send the following items directly to OFIR:
- A completed Pre-Notification Forms MU1 and MU2, reflecting the new legal entity. The applicable Pre-Notification Forms MU1 and MU2 are located on the OFIR website www.michigan.gov/ofir.
- The applicable license/registration fee and investigation fee minus $50 per certificate that will be collected later in the process. A fee schedule is located on the OFIR website www.michigan.gov/ofir.
- The license and/or registration certificate that contains the commissioner’s signature, and the gold seal or watermark.
- Supply the proof of financial responsibility deposit on the applicable Form FIS 1140 located on the OFIR website.
- A registrant supplies confirmation to OFIR that its qualification to register is amended. For example, the FNMA, FHLMC, or GNMA approval letter must confirm any changes to the entity name.
- The Michigan authority to conduct business, articles of incorporation, articles of organization, or articles of partnership are filed and confirmed prior to approval of the entity name. If changing Corporate, LLC or LP name, contact the Michigan Bureau of Commercial Services Corporation Division at (517) 241-6470 or online at www.michigan.gov/bcs.
- Once the pre-notification is approved, OFIR will notify licensee or registrant of approval, and then the entity makes a name amendment through the NMLS. A $50.00 amendment fee for each license or registration certificate will be collected through the NMLS.
Filing an amendment through the NMLS does not authorize you to conduct business with the change(s) requested. You must receive authorization from the Consumer Finance Licensing Unit before conducting business with the change(s) requested.
Amendment request documentation is sent directly to OFIR at the address below:
U. S. Postal Service:
Office of Financial and Insurance Regulation
Consumer Finance Licensing Unit
PO Box 30220
Lansing, MI 48909-7720
Overnight delivery:
Office of Financial and Insurance Regulation
Consumer Finance Licensing Unit
611 W. Ottawa Street – 3rd floor
Lansing, MI 48933
Questions pertaining to the completion of an amendment request may be directed to the Consumer Finance Licensing Unit at (877) 999-6442. |