Each application for a license or license renewal as a mortgage loan company shall be filed in writing with the director, shall meet requirements established by the director and shall contain the following:
A. the applicant's name, the name of designated qualified managers, the New Mexico mortgage loan originator license number and national mortgage licensing system unique identifier number of each designated qualified manager and the name and location of every mortgage loan company office, divisional office or branch office that will be supervised by that qualified manager;
B. the name of the applicant and of each of the applicant's affiliates, engaged in the business of a mortgage loan company, and the name under which the applicant will conduct business in New Mexico, together with the articles of incorporation or articles of partnership;
C. the location of the applicant's principal office and of each branch office doing business in New Mexico;
D. the name, residence and business address of each person having an interest in the business as principal, partner, officer, trustee, director, manager or affiliate, specifying the capacity and title of each;
E. a financial statement of the applicant verified by a principal of the applicant;
F. the length of time the applicant has been engaged in the mortgage business in New Mexico and other jurisdictions;
G. disclosure of any action or proceeding, civil or criminal, judicial or administrative, completed or in progress, against the applicant or a principal, partner, director, officer, trustee, manager, employee or affiliate of the applicant;
H. the license fee; and
I. such other information and documentation as the director may require.
History: Laws 1983, ch. 86, § 4; 1985, ch. 73, § 2; 2001, ch. 251, § 3; 2001, ch. 264, § 3; 2009, ch. 122, § 28.
The 2009 amendment, effective July 31, 2009, in the first paragraph, changed "registration" to "license"; after "mortgage loan company", deleted "or loan broker"; after "director, shall", deleted "be verified" and added "meet requirements established by the director"; added Subsection A; in Subsection B, after "business of", deleted "a loan broker or"; in Subsection C, after "branch office"; added "doing business"; in Subsection D, after "manager", added "or affiliate"; in Subsection F, after "engaged in", added "the mortgage" and after "business in", added "New Mexico and"; in Subsection G, after "applicant or a", added "principal, partner" and after "officer", added "trustee, manager," and in Subsection H, changed "registration" to "license".
Severability. — Laws 2009, ch. 122, § 60 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2001 amendment, effective July 1, 2001, rewrote Subsection D, which formerly read "a certified financial statement of the applicant and if the applicant is a corporation, the statement must be prepared by an independent certified public accountant or registered public accountant".
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 21 - Mortgage Loan Companies
Section 58-21-1 - Short title.
Section 58-21-2 - Definitions.
Section 58-21-3 - License required; qualified manager.
Section 58-21-4 - Application for license or renewal.
Section 58-21-5 - License fees; duration of license.
Section 58-21-6 - Persons exempt from licensing.
Section 58-21-7 - Surety bond.
Section 58-21-9 - Powers and duties of director.
Section 58-21-10 - Subpoenas, oaths and examination of witnesses; penalties.
Section 58-21-11 - Keeping of records.
Section 58-21-12 - Examination of records.
Section 58-21-13 - Public inspection of applications.
Section 58-21-14 - Notice of contemplated action; hearings.
Section 58-21-15 - Investigations by director.
Section 58-21-16 - Review of order of director.
Section 58-21-17 - Escrow services.
Section 58-21-18 - Permissible charges.
Section 58-21-19 - Compliance with federal and state law.
Section 58-21-20 - False statement unlawful.
Section 58-21-21 - Fraud unlawful.
Section 58-21-23 - Filing and destruction of documents.
Section 58-21-23.1 - Repealed.
Section 58-21-23.2 - Funding of real estate transactions; enforcement.
Section 58-21-25 - No impairment of other remedies.
Section 58-21-26 - Exemption from authority of superintendent of regulation and licensing.
Section 58-21-28 - Enforcement.
Section 58-21-29 - Power of court to grant relief.
Section 58-21-30 - Unlicensed activity.