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Nadine Cius

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Do Quoting Rates and Taking an Application for Any Type of Home Equity Fall Under the SAFE Act?

October 14th, 2011


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.


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Disclaimer : The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the Houston Association of REALTORS®

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