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To protect its investment, the bank or finance company will typically secure the note with a mortgage. Technically, the mortgage is the legal document that establishes a collateral relationship between the money loaned and the real property purchased.
Generally speaking, a mortgage is an official agreement between a lender and a homebuyer to use the property as security to buy a home. The type of document and requirements may vary by state or loan type. For example, in some states you may use a security deed and in other states a deed of trust.
Do I need to be licensed? Yes. The Texas SAFE Act and Finance Code Chapter 157 requires an individual to be licensed to act in the capacity of an RMLO which includes offering or negotiating the terms of a residential mortgage loan.
Exemptions from Licensing Depository institutions, subsidiaries that are owned and controlled by a depository institution and regulated by a federal banking agency, or institutions regulated by the Farm Credit Administration are required to file a claim of exemption in order to be exempt under the NC SAFE Act.
The SAFE Act provides for the denial of an MLO for the following reasons: The applicant has been convicted of a felony involving an act of fraud, dishonesty, breach of trust, or money laundering ? these types of convictions create a lifetime bar to MLO licensing.