Do quoting rates and taking an application for any type of Home Equity fall under the SAFE Act? Under the Secure and Fair Enforcement for Mortgage Licensing Act of 2008(the SAFE Act), if an individual is authorized to negotiate terms, discuss and counsel about available options, take a residential mortgage loan application and provide and explain legally required disclosures, the individual is performing RMLO(Residential Mortgage Loan Originator) duties and thereby would fall under the Act.
Residential Mortgage Loans include:
First mortgages
Second mortgages
Home Equity Lines of Credit (HELOCs)
Refinanced loans
Reverse mortgages
Land purchased for the construction of a residence
If you are a consumer with questions regarding the SAFE Act and state mortgage licensing requirements, you should contact the mortgage regulatory agency in your state. In Texas, it would be the Texas Department of Savings & Mortgage Lending (TDSML). You can contact TDSML at 1-877-276-5550 or by email at smlinfo@sml.texas.gov.