Mortgage Lenders, Brokers and/or Servicers - Financial Regulation
Last reviewed/updated: September 9, 2024
A Mortgage Lender is defined as any person who is a mortgage broker, makes a mortgage loan to any person, or is a mortgage servicer.
- A Mortgage Broker is a person that for a fee, or other valuable consideration, whether received directly or indirectly, aids or assist a borrower in obtaining a mortgage loan and is not named as a lender in the agreement, note, deed of trust, or other evidence of the indebtedness.
- A Mortgage Servicer is a person that engages in whole or in part in the business of servicing mortgage loans for others or collects or otherwise receives payments on mortgage loans directly from borrowers for distribution to any other person. This includes a subservicer, as well as a business that owns mortgage servicing rights but contracts with a subservicer.
- An Exempt Entity is (1) a subsidiary or affiliate of any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under Maryland law, or any other-state bank (defined in Md. Code Ann., Fin. Inst. § 5-1001) having a branch that accepts deposits in Maryland, who engages in the mortgage lending business (including the making or procuring of loans primarily for personal, family, or household use secured by a dwelling or residential real estate located outside of Maryland) as a lender, servicer, or broker. To qualify for this exemption, the subsidiary or affiliate must also be subject to audit or examination by a Maryland regulatory body or agency or the state where the subsidiary or affiliate maintains its principal office. Additionally, (2) this designated exemption is available for a business that employs state-licensed mortgage loan originators but is not required to be licensed under the laws of Maryland. The designated exemption is intended for companies that wish to manage their mortgage loan originators in NMLS.
License Requirement and Fees
This license is required for the principal executive office of any person (defined in Md. Code Ann., Fin. Inst. § 1-101) who engages in the mortgage lending business (including the making or procuring of loans primarily for personal, family, or household use secured by a dwelling or residential real estate located outside of Maryland) as a lender, servicer, or broker. Refer to Md. Code Ann., Fin. Inst. § 11-501 et seq. for legal requirements. For more detailed information on this license type please proceed to the NMLS Resource Center.
Effective July 1, 2023, individual licenses for locations other than the principal executive office are not required and will not be issued. Maryland business may be conducted at these locations under the license issued for the principal executive office if these locations are disclosed to the Commissioner. To disclose these locations, prepare the form below, or a list in substantially similar form, and upload it to NMLS in accordance with the instructions on the form. A new form must be uploaded whenever an additional location is opened, closed, or moved, or if there is a change in a trade name used at an additional location.
An Exempt Company Registration is required for a subsidiary or affiliate of any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under Maryland law, or any other-state bank (defined in Md. Code Ann., Fin. Inst. § 5-1001) having a branch that accepts deposits in Maryland, who engages in the mortgage lending business (including the making or procuring of loans primarily for personal, family, or household use secured by a dwelling or residential real estate located outside of Maryland) as a lender, servicer, or broker. To qualify for this registration, the subsidiary or affiliate must also be subject to audit or examination by a Maryland regulatory body or agency or the state where the subsidiary or affiliate maintains its principal office. Additionally, this registration is available for certain non-profit organizations that are exempt from the mortgage lender licensing requirement, but who employ state-licensed mortgage loan originators. Registration for this purpose is necessary for those entities in order to manage their mortgage loan originators in NMLS. Please consult with the Licensing Unit before applying for this registration.
NOTE: A person who is employed by an exempt, non-profit organization and who takes mortgage loan applications or negotiates terms of a mortgage loan on behalf of the organization must be licensed as a mortgage loan originator.
Registration Requirements and Fees
Additional Information and Documents
- Mortgage Lender Frequently Asked Questions (FAQs)
- Continuing Education Requirements (Covered Employees)
- Net Tangible Benefit Worksheet
- Secondary Mortgage Commercial Loan Disclosure (Word)
- Licensee's Electronic and Off-Site Record Storage Attestation
- Sample: Required Notice of Housing Counseling Programs and Services Form that Lender Must Provide to Borrower and List of HUD Approved Housing Counseling Agencies (provided by the Maryland Department of Housing and Community Development
Laws, Rules, and Regulations
Applicants and licensees are expected to be knowledgeable about and in compliance with the Maryland Mortgage Lender Law, and any other applicable State or Federal statutes, rules, and regulations. Maryland laws, rules, and regulations can be found by accessing the Annotated Code of Maryland and Rules and Code of Maryland Regulations (COMAR). Certain relevant Maryland laws, rules, and/or regulations include (Note: this is not a comprehensive list):
- Maryland Code, Financial Institutions Article, Title 11, Subtitle 5 (Maryland Mortgage Lender Law)
- Maryland Code, Financial Institutions Article, Title 11, Subtitle 6 (Maryland Mortgage Originator Law)
- Maryland Code, Commercial Law Article, Title 12 (Credit Regulations)
- Maryland Code, Real Property Article, Title 7, Subtitle 4 (Maryland Mortgage Fraud Protection Act)
- COMAR 09.03.02.08 (Remote Work for Employees of Licensees)
- COMAR 09.03.06 (Mortgage Lenders)
- COMAR 09.03.09 (Mortgage Loan Originators)
- COMAR 09.03.10 (Credit and Other Regulation)
- COMAR 09.03.11 (Recordation of Security Instruments for Residential Property)
- COMAR 09.03.12 (Foreclosure Procedures for Residential Property)