A. The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable and immediate impact upon New Mexico's consumers, New Mexico's economy, the neighborhoods and communities of New Mexico and the housing and real estate industry. The legislature finds that accessibility to mortgage credit is vital to New Mexico's residents. The legislature also finds that it is essential for the protection of the residents of New Mexico and the stability of New Mexico's economy that reasonable standards for licensing and regulation of the business practices of mortgage loan originators be imposed. The legislature further finds that the obligations of mortgage loan originators to consumers in connection with originating or making residential mortgage loans are such as to warrant the regulation of the mortgage lending process.
B. The purpose of the New Mexico Mortgage Loan Originator Licensing Act is to protect consumers seeking mortgage loans.
History: Laws 2009, ch. 122, § 2.
Effective dates. — Laws 2009, ch. 122, § 61 made the provisions of Laws 2009, ch. 122, § 2 effective July 31, 2009.
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.
Structure New Mexico Statutes
Chapter 58 - Financial Institutions and Regulations
Article 21B - New Mexico Mortgage Loan Originator Licensing
Section 58-21B-1 - Short title.
Section 58-21B-2 - Findings; purpose.
Section 58-21B-3 - Definitions.
Section 58-21B-4 - License and registration required to originate mortgage loans.
Section 58-21B-5 - State license and registration application and issuance.
Section 58-21B-6 - Issuance of license.
Section 58-21B-7 - Pre-licensing education of mortgage loan originators.
Section 58-21B-8 - Testing of mortgage loan originators.
Section 58-21B-9 - Standards for license renewal.
Section 58-21B-10 - Continuing education for mortgage loan originators.
Section 58-21B-11 - Authority to require license and to set fees.
Section 58-21B-13 - Enforcement; violations; penalties.
Section 58-21B-14 - Notice of contemplated action; hearings.
Section 58-21B-15 - Power of the court to grant relief.
Section 58-21B-16 - Unlicensed activity.
Section 58-21B-17 - Surety bond required.
Section 58-21B-18 - Confidentiality.
Section 58-21B-19 - Powers and duties of director.
Section 58-21B-20 - Mortgage loan originator duties.
Section 58-21B-21 - Private right of action; damages; enforcement by attorney general.
Section 58-21B-22 - Mortgage call reports.
Section 58-21B-23 - Report to nationwide multistate licensing system and registry.