A mortgage broker shall post and maintain a surety bond in an amount determined by the administrator that is based on the total dollar amount of mortgage loans originated in a calendar year pursuant to the following: (1) dollar volume of mortgage loans from $0 to $49,999,999 surety bond of $25,000, (2) dollar volume of mortgage loans from $50,000,000 to $99,999,999 surety bond of $40,000, (3) dollar volume of mortgage loans greater than $100,000,000 surety bond of $55,000. In no case will the surety bond be less than the amount of twenty-five thousand dollars. The surety bond must be executed by a surety company authorized by the laws of this State to transact business within this State. The surety bond must be in a form satisfactory to the administrator, must be executed to the administrator, and must be for the use of the State for the recovery of expenses, fines, and/or fees levied pursuant to this chapter and for consumers who have losses or damages as a result of noncompliance with this chapter by the mortgage broker. The full amount of the surety bond must be in effect at all times. The license of a licensee expires upon the termination of the bond by the surety company, unless a new bond has been filed with the administrator before the termination of the previous bond. In the event that the license expires based on bond termination, all licensed activity must cease and the person must apply for a license pursuant to Section 40-58-50.
HISTORY: 2009 Act No. 67, Section 5.
Editor's Note
Prior Laws:1988 Act No. 544; 1989 Act No. 52, Section 1; 1993 Act No. 172, Section 1; 2005 Act No. 7, Section 1.
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.