United States
Hong KongWhat the license does not let you do
An MLO license does not permit originating without sponsorship, originating in a state where you are not licensed, or performing activity reserved to another license such as appraisal, legal advice or real estate brokerage.
On this page5 sections
Worth knowing precisely, because the boundaries are narrower than they feel and crossing one is a licensing matter.
Not without sponsorship
An approved but unsponsored license does not permit origination. Not a single loan, not as a favor, not for family.
Not outside your state
A license is state by state. Originating for a property or borrower in a state where you are not licensed is unlicensed activity, however the enquiry arrived.
Not activity belonging to another license
- Appraising the property, or influencing the appraised value
- Giving legal advice on a contract or a title issue
- Acting as a real estate agent without that license
- Giving tax advice on the consequences of a transaction
The last two catch people who are trying to be helpful. Explaining what a term means is fine; advising on whether to sign is not.
They may collect documents and give general information. They may not discuss rates or terms with a borrower or take an application. Firms get this wrong routinely, and it is examinable.
Not promising an outcome
A pre-qualification is not a commitment. A pre-approval is not a commitment. Describing either as one is a misrepresentation of terms, which is a prohibited act.
Not compensation that varies with terms
Whatever arrangement your employer offers, a plan that pays more for a higher rate is not permitted under 12 CFR 1026.36(d)(1). That is worth knowing when you are being recruited.
Common questions
Can I originate without sponsorship?
No. An unsponsored license does not permit origination at all.
Can I originate in another state?
Only if licensed there. Licenses are state by state.
Can I give a borrower legal or tax advice?
No. Explaining what a term means is fine; advising on whether to sign or on tax consequences is not.
What can an unlicensed assistant do?
Collect documents and give general information. Not discuss rates or terms, and not take an application.
Is a pre-approval a commitment to lend?
No, and describing it as one is a misrepresentation of terms.