LO effect on All Employee Referral Program

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    Any bank employee that makes a mortgage loan referral to our bank’s mortgage company subsidiary earns $100 if the loan originates. 1. Does that make all employees LOs? 2. Since we currently have a screening process for hiring (credit and background check) are employees hired prior to 1/10/2014 grandfathered, and only employees hired 1/10/2014 or after subject to the criminal background check, credit report, and criminal/civil/administrative findings questions as answered by the LO? 3. Are all employees subject to the subsequent reviews if we know of reliable information indicating the LO likely no longer meets the standards?


    First, read the commentary linked below, I think it will help you determine which of your employees can be excluded from the LO requirements. Official Staff Interpretations, Paragraph 36(a) #4 linked here:

    Second, you will not need to run new credit reports or background checks if your screening process complied with applicable statutory or regulatory background standard (e.g. SAFE Act – I’ve heard some bankers reference Section 19 of the FDIA so if your bank complies with that you may have that option).

    From the Official Staff Interpretations, Paragraph 34(f)(3)(i)(2):
    2. Retroactive obtaining of information not required. Section 1026.36(f)(3)(i) does not require the loan originator organization to obtain the covered information for an individual whom the loan originator organization hired as a loan originator before January 1, 2014, and screened under applicable statutory or regulatory background standards in effect at the time of hire. However, if the individual subsequently ceases to be employed as a loan originator by that loan originator organization, and later resumes employment as a loan originator by that loan originator organization (or any other loan originator organization), the loan originator organization is subject to the requirements of § 1026.36(f)(3)(i). [amended by 9/13/13 final rule.]

    Finally, I believe 1026.36(f)(3)(ii), is referring to individuals who are not licensed in accordance with 1008.103, regardless of the date they were hired.

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