Ever hear of the SAFE Act - or NMLS? If you have you are either in the industry or ahead of the curb, if not I assure you this will not be the last thing you read about this new Act and the organization responsible for managing originators.
The SAFE Act was legislation that passed at the peak of the housing market in July of 2008 around the time when government officials recognized the fact that the housing market was in serious trouble (TARP passed only 6 months later). The SAFE Act requires all loan originators to be licensed if they want to continue originating loans in the future. The NMLS or National Mortgage Licensing Service is the entity that has been charged with monitoring and tracking originator licensing.
By no means am I arguing against licensing requirements for loan officers, unfortunately like so many ill-conceived plans our government rolls out with, the implementation of the SAFE Act and the governing authority, the NMLS, or more concerned with collecting revenue than properly regulating loan originators.
As a licensed broker I was required to have a BA and complete 8 specific real estate courses, submit to fingerprints for a federal background check, take and pass a 200 question test, and submit 45 hours of continuing education every four years to keep my broker's license active. The CA Department of Real Estate was the governing authority that issued my current license under which I could originate loans. As a broker if I was to hire another loan originator they would be required to be licensed under the Department of Real Estate meaning they would have had to complete the same type of testing and certifications I went through ensuring a certain knowledge base moving into their new profession.
Other originating licenses namely a CFL license issued by the Department of Corporations does not require such effort. On the contrary a CFL license can be obtained simply by providing proof that the entity looking for licensing has a strong enough asset position, and has filed the required paperwork. Once the license is issued the entity could hire anyone off the street to employ as a loan officer with limited or no training.
The new SAFE Act and the NMLS unfortunately throw all originators into the same bucket. So even though I am a licensed broker that has taken and passed testing and class specific to real estate, I am required to complete all of the same requirements under the SAFE Act that loan originators operating under a CFL license are required to complete. Brokers and licensed agents through the DRE are now required to hold and maintain two licenses, while the CFL entities are finally required to have a license.
I am very happy that CFL originators are required to be licensed - it's about time... but beyond that, the new SAFE Act does nothing but create a new revenue stream for the State and this quasi-government entity (far as I can tell they are the only game in town - and according to them a private company - aren't monopoly's illegal - that's right government granted monopolies are okay... wonder who you had to know to get that contract).
The new testing and licensing requirements come to a final cost of 650 dollars per person (to be licensed in CA - it would cost much more if you get licensed in additional States and assuming you pass the tests the first time through - if you fail you must pay again to retest) which does not take into account annual premiums that will be due. This is a cost that will put many business out of business because the cost to license employees is simply too high. If I employe five processors (which must be licensed under this legislation) that's more than 5000 dollars I have to come up with just to stay in compliance and keep them licensed.
What does this cost cover - testing both State and Federal (I already passed a real estate test), federal background check and finger printing (already required by the DRE and on record - but still must complete again at additional expense) and processing (whatever that means). Did I mention all loan originators are required to submit what is called an MU4 form which they must complete and include a detailed history of employment and residency dating back ten years with no gaps... employment history fine - but they have no business tracking the addresses where I have lived. I assume the 60 dollar processing fee is used to electronically store my personal information (talk about a target for identity thieves).
This SAFE Act has face value, and I support licensing all CFL originators, and can even understand those currently licensed by the DRE having to demonstrate their DRE license is currently active and in good standing, but the implementation of this Act and the governing body (NMLS) has something to be said. They do not address the problem and will simply result in less originators, and less competition and the higher cost to remain licensed to originate loans will result in higher costs for consumers.
Essentially this will result in small businesses closing their doors. With small businesses leaving the market, it will mean more market share for the large firms - and we all know that a consumer is an account number at their local bank nothing more. I fear what this legislation will do to our industry. When all is said and done this is simply a tax on originators.