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South Dakota Licensing Requirements
Does the state require a physical location within the state?
It is not necessary for a licensed mortgage lender to maintain a place of business in South Dakota.
Is there individual loan officer licensing?
Yes, mortgage loan originators must be registered with the State of South Dakota.
What are lenders, brokers and loan officers called?
The terms mortgage lender, mortgage broker and mortgage loan originator are used in the Mortgage Lender Business Act.
What is the cost of a license? Surety bond? Are there net worth requirements?
- The initial license/registration fee is $750 for a mortgage lender, $500 for a mortgage broker and $150 for a mortgage loan originator.
- The annual renewal fee is $500 for a mortgage lender, $350 for a mortgage broker and $75 for a mortgage loan originator.
- Mortgage broker companies cannot apply for licensure. Mortgage broker licensing is for individuals.
- Each requirement of the act is specific to the individual broker, including application and background investigation, work experience, surety bond, and continuing education requirements.
- Each license and registration will expire annually on December 31.
- The equivalent of two years of service under the supervision and direction of a licensed mortgage broker or mortgage lender, or another jurisdiction’s equivalent thereof, is required before that person is eligible to apply for a license.
- In the case of a mortgage lender, where the applicant is an entity, the person(s) responsible for conduct of business will need to meet the minimum experience requirement.
- A mortgage lender or broker applicant must provide a surety bond in the amount of $25,000.
Is there a pre-licensing education requirement? Is there a test?
No.
Is there a CE requirement?
Yes. All mortgage lenders, mortgage brokers, and mortgage loan originators shall complete 9 hours of continuing education every year.
Are there different requirements for mortgage brokers and mortgage lenders (i.e. can you broker under a lender license?)
Lenders are no longer allowed to broker under their lending license. Each individual who meets the definition of a mortgage broker will need to apply for their own mortgage broker license.
Are there any state specific high cost loan provisions?
No.
Are there any state specific predatory lending laws?
No.
Closing practices – attorney or title state? Wet or dry settlement?
South Dakota is treated as a wet funding state by practice. There is no penalty for not delivering funds with closing documents, but closing may be delayed if funds are not delivered.
Are there 2nd mortgage policies and/or restrictions? Do you need a separate license to do 2nd mortgages?
Secondary mortgage lenders and brokers are regulated by the Mortgage Lender Business Act. Lenders who extend revolving credit must obtain a Money Lending License.
Who is the regulator and what is their contact information?
South Dakota Banking Department
Revenue and Regulation
217 West Missouri, Pierre, SD 57501-4590
Phone: (605) 773-3421
Fax: (605) 773-5367
www.state.sd.us/drr2/reg/bank/BANK-HOM.htm
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