Section § 50130

Explanation

If a company wants to handle mortgage loans in California, it must ask for a license from the state commissioner by fulfilling certain rules and paying fees. The application involves several steps, such as providing detailed information according to state requirements.

A licensed company cannot operate under real estate laws for mortgage loans, and the commissioner can stop a business if it's dodging rules or breaking any related law. For businesses located outside California, they must allow access to their records or pay travel costs for inspections.

The license continues until it's suspended, surrendered, or revoked. Licensees must follow both California and federal laws, and the commissioner can require using a specific system to file documents.

(a)CA Financial Code § 50130(a) A mortgage servicer shall file an application for licensure under this chapter with the commissioner to service mortgage loans in this state by satisfying the requirements of this chapter and the applicable provisions, as determined by the commissioner, of Chapter 2 (commencing with Section 50120).
(b)CA Financial Code § 50130(b) A mortgage servicer may apply for licensure by doing all of the following:
(1)CA Financial Code § 50130(b)(1) Filing with the commissioner an application containing the information required by Section 50122, and any additional information the commissioner may require by rule.
(2)CA Financial Code § 50130(b)(2) Paying the investigation and application fees required by Section 50121.
(3)CA Financial Code § 50130(b)(3) Submitting any information required by Section 50124.
(4)CA Financial Code § 50130(b)(4) Complying with the applicable provisions of Chapter 2 (commencing with Section 50120).
(c)CA Financial Code § 50130(c) A licensee may not make or service loans secured by real property pursuant to the authority of a license, or exemption from licensure, under the Real Estate Law.
(d)CA Financial Code § 50130(d) The commissioner may, pursuant to Section 50321, order a licensee to cease any other business conducted at any location where the licensee operates under the authority of a residential mortgage servicer license, if the commissioner finds that the conduct of that business has facilitated evasions of this division or the rules adopted pursuant to this division, or that the conduct of that business is in violation of any law to which that business is subject.
(e)CA Financial Code § 50130(e) A license for a business location outside this state shall constitute an agreement by the mortgage servicer to, at the discretion of the commissioner, either (1) make the licensee’s books, accounts, papers, records, and files available to the commissioner or the commissioner’s representatives in this state within 10 calendar days of a request from the commissioner or, (2) pay the reasonable expenses for travel, meals, and lodging of the commissioner or the commissioner’s representatives incurred during an investigation or examination made at the licensee’s location outside this state.
(f)CA Financial Code § 50130(f) The commissioner shall license a mortgage servicer upon completion of the investigation and issuance of the findings required by Section 50121, subject to Sections 50123, 50125, 50126, and 50127.
(g)CA Financial Code § 50130(g) A mortgage servicer licensed to service mortgage loans shall comply with all applicable requirements of California and federal law, including the Civil Code and Section 2609 of the federal Real Estate Settlement Procedures Act of 1974, as amended (12 U.S.C. Sec. 2601 et seq.).
(h)CA Financial Code § 50130(h) A license shall remain in effect until suspended, surrendered, or revoked.
(i)CA Financial Code § 50130(i) The commissioner may require an applicant or licensee to make some or all filings with the commissioner through the Nationwide Mortgage Licensing System and Registry.