Revised Code of Washington
Chapter 31.04 - Consumer Loan Act.
31.04.247 - Issuance of mortgage loan originator license—Necessary findings.

RCW 31.04.247
Issuance of mortgage loan originator license—Necessary findings.

(1) The director must issue and deliver a mortgage loan originator license if, after investigation, the director makes at a minimum the following findings:
(a) The applicant has paid the required license fees;
(b) The applicant has met the requirements of this chapter;
(c) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that, for the purposes of this subsection, a subsequent formal vacation of such revocation is not a revocation;
(d) The applicant has not been convicted of a gross misdemeanor involving dishonesty or financial misconduct or has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court (i) during the seven-year period preceding the date of the application for licensing and registration; or (ii) at any time preceding the date of application, if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering;
(e) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of chapter 120, Laws of 2009. For the purposes of this section, an applicant has not demonstrated financial responsibility when the applicant shows disregard in the management of his or her financial condition. A determination that an individual has shown disregard in the management of his or her financial condition may include, but is not limited to, an assessment of: Current outstanding judgments, except judgments solely as a result of medical expenses; current outstanding tax liens or other government liens and filings; foreclosures within the last three years; or a pattern of seriously delinquent accounts within the past three years;
(f) The applicant has completed the prelicensing education requirement as required by this chapter;
(g) The applicant has passed a written test that meets the test requirement as required by this chapter;
(h) The consumer loan licensee that the applicant works for has met the surety bond requirement as required by this chapter;
(i) The applicant has not been found to be in violation of this chapter or rules adopted under this chapter;
(j) The mortgage loan originator licensee has completed, during the calendar year preceding a licensee's annual license renewal date, continuing education as required by this chapter.
(2) If the director finds the conditions of this section have not been met, the director must not issue the mortgage loan originator license. The director must notify the applicant of the denial and return to the mortgage loan originator applicant any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.

[ 2015 c 229 § 33; 2009 c 120 § 18.]
NOTES:

Findings—Declaration—2009 c 120: See note following RCW 31.04.015.

Structure Revised Code of Washington

Revised Code of Washington

Title 31 - Miscellaneous Loan Agencies

Chapter 31.04 - Consumer Loan Act.

31.04.015 - Definitions.

31.04.025 - Application of chapter.

31.04.027 - Violations of chapter.

31.04.035 - License required—When violation occurs.

31.04.045 - License—Application—Background checks—Fee—Surety bond.

31.04.055 - License—Director's duties.

31.04.065 - License—Information contained.

31.04.075 - Licensee—Place of business.

31.04.085 - Licensee—Assessment—Bond—Time of payment.

31.04.093 - Licensing—Applications—Regulation of licensees—Director's duties and authority—Fines—Orders—Statute of limitations.

31.04.102 - Loans secured, or not secured, by lien on real property—Licensee's obligations—Disclosure of fees and costs to borrower—Time limits.

31.04.105 - Licensee—Powers—Restrictions.

31.04.115 - Open-end loan—Requirements—Restrictions—Options.

31.04.125 - Loan restrictions—Interest calculations.

31.04.135 - Advertisements or promotions.

31.04.143 - Subpoena authority—Application—Contents—Notice—Fees.

31.04.145 - Investigations and examinations—Director's duties and powers—Production of information—Costs.

31.04.155 - Licensee—Recordkeeping—Director's access—Report requirement—Failure to report.

31.04.165 - Director—Broad administrative discretion—Rule making—Actions in superior court.

31.04.168 - Director—Powers under chapter 19.144 RCW.

31.04.175 - Violations—No penalty prescribed—Gross misdemeanor—Good faith exception.

31.04.202 - Application of administrative procedure act.

31.04.205 - Enforcement of chapter—Director's discretion—Hearing—Sanctions—Recovery of costs.

31.04.208 - Application of consumer protection act.

31.04.211 - Application of chapter—2009 c 120.

31.04.221 - Mortgage loan originator—License required—Unique identifier required.

31.04.224 - Licensing exemptions—Residential mortgage loans.

31.04.227 - Mortgage loan origination—Independent contractors.

31.04.231 - Individual loan processor—Licensing exemptions.

31.04.234 - Mortgage loan originator license—Application form and content.

31.04.237 - Use of nationwide mortgage licensing system and registry.

31.04.241 - Mortgage loan originator application—Required submission and use of personal information.

31.04.244 - Mortgage loan originator application—Required information—Fees.

31.04.247 - Issuance of mortgage loan originator license—Necessary findings.

31.04.251 - Mortgage loan originator license—Renewal—Surrender—Rules.

31.04.254 - Mortgage loan originator licensing process—Rules—Interim procedures.

31.04.257 - Mortgage loan originator interim license.

31.04.261 - Mortgage loan originator—Prelicensing education requirements.

31.04.264 - Mortgage loan originator—Testing requirements.

31.04.267 - Mortgage loan originator—Continuing education requirements.

31.04.271 - Mortgage loan originators—System information may be challenged.

31.04.274 - Information provided to nationwide mortgage licensing system and registry—Confidentiality—Restrictions on sharing.

31.04.277 - Consumer loan companies—When reports of condition are required.

31.04.281 - Reports of violation—2009 c 120.

31.04.284 - Mortgage loan originator—Unique identifier—Display.

31.04.290 - Residential mortgage loan servicer—Requirements—Written detailed information.

31.04.293 - Residential mortgage loan modification services—Written disclosure summary—Limitation on fees—Rules.

31.04.297 - Third-party residential mortgage loan modification services providers—Duties—Restrictions.

31.04.300 - Residential mortgage loan servicer—Liquidity, operating reserves, tangible net worth requirements.

31.04.310 - Residential mortgage or student education loan servicer—Appointment of receiver.

31.04.400 - Program for student education loan servicers—Student achievement council's student loan advocate—Costs—Fees.

31.04.405 - Requirements for a student education loan servicer—Borrower request for information—Transfer of service rights—Records—Rules—Director's obligations.

31.04.410 - Student education loan servicer licensee.

31.04.415 - Third-party student education loan modification services—Restrictions—Requirements.

31.04.420 - Subject to student education loan servicer requirements—Exempt from licensing.

31.04.430 - Dog or cat purchase contracts.

31.04.500 - Short title.

31.04.505 - Definitions.

31.04.510 - Requirements of licensee—Minimum capital—Exceptions.

31.04.515 - Loan requirements—Compliance—Rules.

31.04.520 - Right to rescind transaction.

31.04.525 - Preapproval required from department of financial institutions—Application of section—Rules.

31.04.530 - Required notice to prospective borrower about counseling—Form—Contents—Annual disclosure statements—Property appraisals.

31.04.535 - Lender default—Treble damages—Civil remedies.

31.04.540 - Loan advances—Eligibility and benefits under means-tested programs—Subject to federal law.

31.04.901 - Short title.

31.04.902 - Effective dates, implementation—1991 c 208.

31.04.903 - Effective date—2009 c 120.

31.04.904 - Effective date—2010 c 35.

31.04.905 - Application—2018 c 62.

31.04.906 - Short title—2018 c 62.