N.Y. Comp. Codes R. & Regs. tit. 3 § 420.2

Current through Register Vol. 46, No. 25, June 18, 2024
Section 420.2 - Exemptions

As provided in section 599-c(3) of the Banking Law, the following individuals are exempt from the licensing requirements otherwise applicable under article 12-E:

(a)Registered mortgage loan originators.

A registered mortgage loan originator (i.e. an individual who performs the functions of an MLO, who is employed by a depository institution, certain subsidiaries of a depository institution or an institution regulated by the Farm Credit Administration, and who is registered with the NMLS).

(b)Immediate family loans.

Any individual who offers or negotiates the terms of a residential mortgage loan with or on behalf of an immediate family member of the individual.

(c)Loans on an individual's residence.

Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling or residential real property that served as the individual's own residence.

(d)Certain attorneys.

A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator.

(e)Servicer employees.

Any individual employed by a mortgage loan servicer registered under article 12-D of the Banking Law, who negotiates any modification of an existing residential mortgage loan on behalf of such servicer, and does not otherwise act as a mortgage loan originator, unless licensing is required by a rule, regulation, guideline or interpretation issued by the U.S. Department of Housing and Urban Development under Public Law 110-289.

(f)Manufactured home sellers.

Any individual involved in the sale of manufactured homes, if exempted from licensing by a rule, regulation, guideline or interpretation issued by the U.S. Department of Housing and Urban Development under Public Law 110-289.

(g)Exemptions approved by the superintendent.

The provisions contained in this Part shall not apply to such other individuals as the superintendent may by order exempt for good cause.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 420.2

Adopted, New York State Register October 1, 2014/Volume XXXVI, Issue 39, eff.10/1/2014