54-14-13.5. License required for company originating, selling, or servicing nonresidential mortgage loans.
Any company who, for valuable consideration, originates, sells, or services nonresidential mortgage loans, shall apply for, on forms prescribed by the director, and maintain, a mortgage lending license and is subject to the tax as provided in §54-14-30. The tax required in §54-14-30 shall be imposed only on those loans funded after December 31, 2009. The requirement of a surety bond as provided in §54-14-24 does not apply to a company licensed under this section.
Any individual solely employed by or solely acting as an intermediary on behalf of a company licensed pursuant to this section is not required to hold an individual license under this chapter. Any individual acting as an intermediary, on behalf of a company licensed as provided in this section, shall be disclosed to the director during the application process and annually thereafter.
The requirements of registration with the nationwide mortgage licensing system and registry do not apply to any company or its employees or intermediaries licensed pursuant to this section.
Source: SL 2009, ch 251, §27; SL 2012, ch 252, §28.
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.