(A)(1) In addition to the initial nonrefundable license application fee of five hundred fifty dollars required by Section 40-58-50, first time mortgage broker licensees also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a mortgage broker licensee shall pay an annual nonrefundable renewal fee of five hundred fifty dollars. A mortgage broker licensee shall pay an initial nonrefundable fee of one hundred fifty dollars and, thereafter, a nonrefundable renewal fee of one hundred fifty dollars for each branch location. The department may license a personal residence of a loan originator as a branch office if it is located more than seventy-five miles from a commercial branch office location.
(2) The initial nonrefundable license fee is fifty dollars for a loan originator license, and fifty dollars, nonrefundable, for a renewal license. In addition, all licensees must pay the cost of obtaining credit reports and national criminal history record checks as the administrator may require. The broker shall notify the administrator in writing ten days before opening a new location or changing the address of a licensed location. A fee of twenty-five dollars is required when the licensee notifies the administrator of a change in address for a licensed location.
(B)(1) The term of each license is one year. Licenses issued pursuant to this chapter expire on December thirty-first annually or another date that the administrator may determine and must be renewed in accordance with the provisions of this section.
(2) The renewal period for all licensees is from November first through December thirty-first annually or on any other dates that the administrator may determine.
(3) Applications received after December thirty-first, or any other date the administrator may determine, are late and late fees apply.
(C) If a license of a licensed mortgage broker is not renewed before the dates in subsection (B), five hundred dollars in addition to the renewal fee pursuant to subsection (A) must be assessed as a late fee to any renewal. If a license of a licensed loan originator is not renewed before the dates in subsection (B), one hundred dollars in addition to the renewal fee pursuant to subsection (A) of this section must be assessed as a late fee to any renewal. If a licensee fails to renew his license within thirty days after the date the license expires or otherwise maintain a valid license, the administrator shall require the licensee to comply with the requirements for the initial issuance of a license pursuant to this chapter, in addition to paying any fee that has accrued. All renewal applications must contain information required by the administrator. All funds collected by the department pursuant to this chapter must be used to implement the provisions of this chapter and are nonrefundable.
HISTORY: 2009 Act No. 67, Section 5; 2017 Act No. 93 (S.366), Section 15, eff September 16, 2017.
Editor's Note
Prior Laws:1988 Act No. 544; 1993 Act No. 172, Section 1; 1996 Act No. 430, Section 4; 1998 Act No. 336, Section 10; 2005 Act No. 7, Section 1.
Effect of Amendment
2017 Act No. 93, Section 15, in (A)(1), added the last sentence, allowing the department to license a personal residence under certain circumstances; and, in (A)(2), deleted "and state" preceding "criminal history record checks".
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 58 - Licensing Of Mortgage Brokers Act
Section 40-58-10. Citation of chapter; mortgage loan broker requirements.
Section 40-58-20. Definitions.
Section 40-58-30. Mortgage brokers and loan originators to be licensed; exceptions.
Section 40-58-40. Surety bonds; determination of amount; uses.
Section 40-58-67. Continuing professional education requirements.
Section 40-58-70. Prohibited activities.
Section 40-58-75. Mortgage broker fee agreements disclosing charges.
Section 40-58-90. Request for contested case hearing before Administrative Law Court.
Section 40-58-100. Authority to promulgate regulations.
Section 40-58-110. License application and renewal fees; term of license; late renewals.
Section 40-58-120. Maintenance of records; composite annual report; confidentiality.
Section 40-58-130. Participation in Nationwide Mortgage Licensing System Registry.