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New Loan, Old Mortgage, NMLS?

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  • #6608
    elebra
    Participant

    If we are refinancing a loan and using an existing mortgage, we would put the NMLS# on any NEW documents that require it. Since we are using an existing mortgage, is it ok that it might not have an NMLS# if it has some age to it?

    #6613
    rcooper
    Member

    There isn’t any language that gives an exception for this type of situation, therefore, I recommend including it.

    #6614
    elebra
    Participant

    So you suggest that we don’t use an existing mortgage if it doesn’t have the NMLS# on it…we should file a new mortgage?

    #6617
    jholzknecht
    Keymaster

    The reg states, “For a consumer credit transaction secured by a dwelling, a loan originator organization must include on the loan documents described in paragraph (g)(2) of this section, whenever each such loan document is provided to a consumer or presented to a consumer for signature…” In your transaction Since the existing mortgage is not “provided to a consumer or presented to the consumer for signature” it appears the LO’s name and number is not needed. Different facts might result in a different answer.

    #6618
    elebra
    Participant

    Thank you Jack!!

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