(A) Within three business days of the receipt of an application for a mortgage loan, the broker must provide a mortgage broker fee agreement that discloses the total estimated charges to the borrower for the mortgage loan and an itemization of the charges provided if required under, federal or state law. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery.
(B) A person may not earn, charge, or collect a mortgage broker or processing fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter.
(C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by federal or state law.
(D) A mortgage broker fee agreement must be in writing and include the current name, address, and telephone number of the mortgage broker's branch office, the account number, if any, the date of the agreement, the name of the borrower or proposed borrower, signature of the borrower and mortgage broker, the amount of any fees, and the nature of services provided to the borrower. A copy of the completed agreement must be provided to the borrower by the mortgage broker. The mortgage broker agreement may provide for a signed acknowledgement by the borrower of receipt of a copy of the agreement. If a mortgage broker co-brokers mortgage loans, the mortgage broker agreement must contain a statement advising the applicant that the loan may be co-brokered. Within three days of making a final decision to co-broker a loan, the broker must provide the applicant with written notice of co-brokering, including the name and street and mailing address of the co-broker as well as which broker is to be contacted regarding progress of the mortgage broker's services provided to the applicant. Each broker in a co-brokering arrangement must be licensed with the administrator.
(E) Additional disclosure requirements exist and must be complied with pursuant to Chapter 10 and Chapter 23, Title 37.
HISTORY: 2009 Act No. 67, Section 5.
Editor's Note
Prior Laws: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.