Virginia Mortgage Brokers and Lenders Need Surety Bond

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�Virginia mortgage brokers

Virginia mortgage brokers and lenders found themselves subject to new regulations earlier this year that include a surety bond requirement. Keep reading to learn more about licensing and surety bonds for brokers and lenders in the state.

Mortgage brokers vs lenders

While mortgage brokers and lenders are licensed similarly, they are not licensed to do the same job. Mortgage lenders originate or make mortgage loans. Mortgage brokers negotiate, place, or find mortgage for others, directly or indirectly, or offer to do so. In Virginia, any company or sole proprietor engaging in the business of mortgage brokering or lending needs to be licensed and bonded.

Virginia mortgage broker and lender licenses

Mortgage brokers and lenders are licensed by the commonwealth’s Bureau of Financial Institutions. As in many states, Virginia mortgage brokers and lenders apply for their license through the Nationwide Multistate Licensing System (NMLS).

The NMLS provides Virginia mortgage broker applicants with a checklist to ensure their application is complete. Some of the information applicants submit for licensure includes:

  • $600 application and NMLS filing fee
  • $15 credit report fee per control person
  • $25 state criminal history check per sole proprietor, director of a corporation, member of an LLC, or anyone with significant management responsibility or more than 10% company ownership
  • Filed MU1 company form
  • Current financial statements (except sole proprietors)
  • Other trade name and/or forced trade name (if applicable)
  • Registered agency and primary contact employees
  • Business plan
  • Certificate of Authority or Certificate of Good Standing
  • $25,000 minimum surety bond

This list is not exhaustive�read the application checklist thoroughly to ensure your application is complete.

Mortgage lender applicants submit the same information listed above, in addition to the information in their application checklist. They also need to purchase a minimum $50,000 surety bond, double the amount brokers need. Mortgage lenders use the same bond form as brokers, but each applicant should be sure to specify the correct amount of coverage on the bond.

Surety bonds for mortgage brokers and lenders

After the initial application, Virginia mortgage brokers and lenders’ surety bond amounts are determined annually based on the amount of residential mortgage loans originated in the previous year. The scale is as follows:

  • $0-$5,000,000 in originated mortgage loans�$25,000 surety bond
  • $5,000,001-$20,000,000 in originated mortgage loans�$50,000 surety bond
  • $20,000,001-$50,000,000 in originated mortgage loans�$75,000 surety bond
  • $50,000,001-$100,000,000 in originated mortgage loans�$100,000 surety bond
  • $100,000,000 ore more in originated mortgage loans�$150,000 surety bond

Though Virginia mortgage brokers and lenders need to have different amounts of bond coverage, both kinds of licensees agree to uphold the provisions of Chapter 16 of Title 6.2 of the Code of Virginia. If a mortgage broker or lender’s malpractice causes financial harm to a client, the client can seek reimbursement through the surety bond. However, the bond’s principal (the broker or lender) must reimburse the surety company for any paid claims. The surety can cancel the bond with 90 days’ notice to the principal and the Commissioner of Financial Institutions.

Ready to get a Virginia mortgage broker or lender surety bond? Single Source Insurance can help you get the best rate!

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