Ariz. Admin. Code § 20-4-1302

Current through Register Vol. 30, No. 25, June 21, 2024

Section R20-4-1302 - Course of Study to Qualify for Licensure

A. The Superintendent shall, under the authority of A.R.S. § 6-991.03(B)(1), approve a course of study that includes only those courses reviewed and approved by the Nationwide Mortgage Licensing System pursuant to A.R.S. § 6-991.03(E) and (F) and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( P.L. 110-289; 122 Stat. 2810; 12 U.S.C. 5101 through 5116 ).

B. An applicant for a loan originator license shall satisfactorily complete a course of study by:

1. Attending at least 20 hours of instruction, and

2. Receiving a passing grade of not less than 75 percent correct answers on both the national and Arizona state exam required by A.R.S. § 6-991.07 and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( P.L. 110-289; 122 Stat. 2810; 12 U.S.C. 5101 through 5116 ).

C. A pre-licensure course of study shall include 20 hours of instruction in the following areas:

1. Federal law and regulation, including the Real Estate Settlement Procedures Act ("RESPA"), the Truth in Lending Act ("TILA"), good faith estimates, federal privacy laws, fair lending laws including the Equal Credit Opportunity Act ("ECOA") and the Fair Credit Reporting Act ("FCRA"): Three hours;

2. Business ethics, including fraud, consumer protection laws, and fair lending practices: Three hours;

3. Non-traditional mortgage product lending standards: Two hours;

4. Arizona real estate and mortgage lending law, including loan origination and processing, Arizona law relating to agency and the obligations between principal and agent, and state privacy laws: Four hours;

5. The remaining eight hours should be comprised of instruction in:

a. The obligations between principal and agent;

b. The statutory and regulatory laws governing loan originators;

c. Arithmetical computations common to mortgage lending;

d. Principles of real estate lending;

e. The purpose and effect of mortgages, deeds of trust, and security agreements;

f. The terms and conditions of conforming and non-conforming residential mortgages;

g. Real estate appraisal; and

h. The principles of appraisal independence.

D. A continuing education course of study shall include eight hours of instruction each year in the following areas:

2. Business ethics, including fraud, consumer protection laws, and fair lending practices: Two hours;

3. Non-traditional mortgage product lending standards: Two hours;

Ariz. Admin. Code § R20-4-1302

New Section made by emergency rulemaking at 16 A.A.R. 839, effective April 27, 2010 for 180 days (Supp. 10-2). Section renewed by emergency rulemaking and amended at 16 A.A.R. 2165, effective October 24, 2010 for 180 days (Supp. 10-4). Emergency expired April 21, 2011; new Section made by final rulemaking at 16 A.A.R. 2401, effective April 22, 2011 (Supp. 10-4).