54-14-12.1. Loan processor or underwriter defined.
For the purposes of this chapter, the term, loan processor or underwriter, means any individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed according to this chapter, or a person exempt according to this chapter. Clerical or support duties subsequent to the receipt of an application include the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a mortgage loan; and communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that the communication does not include offering or negotiating loan rates or terms, or counseling consumers about mortgage loan rates or terms.
No individual engaging solely in loan processor or underwriter activities may represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.
Source: SL 2009, ch 251, §2.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 14 - Mortgage Lender Business
Section 54-14-12 - Definitions.
Section 54-14-12.1 - Loan processor or underwriter defined.
Section 54-14-12.2 - Mortgage loan originator defined.
Section 54-14-12.3 - Real estate brokerage activity defined.
Section 54-14-12.4 - Registered mortgage loan originator defined.
Section 54-14-13.3 - Effective dates of §§54-14-13.1 and 54-14-13.2.
Section 54-14-14 - Application for licensure or registration.
Section 54-14-17 - License and registration not assignable.
Section 54-14-18 - Expiration of license or registration.
Section 54-14-19 - Fees for renewal of license.
Section 54-14-20 - Exemption of certain entities from chapter.
Section 54-14-20.1 - Exemption of certain persons from mortgage loan originator license requirement.
Section 54-14-20.2 - Exemption of attorneys from mortgage loan originator license requirement.
Section 54-14-21 - Exemption of certain entities from licensing requirements.
Section 54-14-23 - Mortgage broker or lender permitted to use services of mortgage loan originator.
Section 54-14-24 - Surety bond requirements.
Section 54-14-25 - Violation of license or registration requirements--Misdemeanor.
Section 54-14-25.1 - Civil penalty for acting without required license or registration.
Section 54-14-26 - Examination and investigation by director.
Section 54-14-27 - Conditioning, denial, nonrenewal, suspension, or revocation of license.
Section 54-14-29 - Procedure for contesting suspension or revocation.
Section 54-14-30 - Annual tax upon net income--Exemptions.
Section 54-14-31 - Promulgation of rules regarding licensing, education, and fees.
Section 54-14-32 - Disposition of fees.
Section 54-14-33 - Contracts with nationwide mortgage licensing system.
Section 54-14-35 - Sharing of information.
Section 54-14-36 - Reports of condition--Promulgation of rules.
Section 54-14-37 - Reports of violations and enforcement.
Section 54-14-38 - Improper influence on real estate appraisals prohibited--Grounds for discipline.
Section 54-14-39 - Conduct not constituting improper influence on real estate appraisals.