Virginia Mortgage Broker Licensing School - Requirements & Fees

Virginia Licensing Requirements

Does the state require a physical location within the state?
No physical presence is required in Virginia.

Is there individual loan officer licensing?
No, a bona fide employee or exclusive agent of a licensee may place or find mortgage loans without being individually licensed.

What are lenders, brokers and loan officers called?
The terms mortgage lender and mortgage broker are used in Virginia when referring to company licensees. Individuals are usually referred to as loan officers.

Is there state reciprocity across state lines?
As of this writing there is no state reciprocity.

What is the cost of a license? Surety bond? Are there net worth requirements?
Applicants for either a mortgage lender or mortgage broker license must pay a fee of $500. Applicants for a license to act as both a mortgage lender and a mortgage broker must pay a fee of $1,000. Applicants must provide a surety bond of $25,000 for brokers and $50,000 for lenders. Licensed lenders must at all times maintain funds available for the operation of the business of at least $200,000.

All licensees must file an annual report on or before March 1 and also must pay annual fees on or before May 25. Annual fees are intended to cover the costs of examination and other regulatory activities of the commissioner. Currently the annual fee schedule is as follows:

Licensed lender
base fee of $800, plus $6.60 per loan made or originated during the prior calendar year
Licensed broker
base fee of $400, plus $6.60 per loan brokered in the prior calendar year
Licensed lender/broker
base fee of $1,200, plus $6.60 per loan made or brokered in the prior calendar year
Is there a pre-licensing education requirement? Is there a test?
No

Is there a CE requirement?
No

Are there different requirements for mortgage brokers and mortgage lenders (i.e. can you broker under a lender license)?
Licensees may hold a brokers license, a lenders license or a combination lender and broker license depending on their business activities. Are there any state specific high cost loan provisions?
No high cost loan restrictions other that federal.

Are there any state specific predatory lending laws?
Revisions were made to the Virginia Mortgage Lender and Broker Act that became effective July 1, 2003 adding new Sections relating to mortgage lending, predatory practices, and loan flipping. Mortgage lenders and brokers are prohibited from engaging in loan flipping which is defined in the act as the refinancing of a mortgage loan within 12 months of the date the refinanced mortgage loan was originated, unless the refinance is in the borrower's best interest.

The Virginia Predatory Lending Act became effective July 1, 2001. It amends the Code of Virginia by increasing the bond requirement to $25,000, prohibiting certain practices deemed to be predatory, imposing disclosure requirements, and increasing administrative penalties.

Closing practices – attorney or title state? Wet or dry settlement?
Wet settlement by statute.

Are there 2nd mortgage policies and/or restrictions? Do you need a separate license to do 2nd mortgages?
The Mortgage Lender and Broker Act covers loans of any lien priority secured by residential property located in Virginia.

Who is the regulator and what is their contact information?
Bureau of Financial Institutions
Commonwealth of Virginia
1300 East Main Street, Suite 800
Tyler Building
P.O. Box 640
Richmond, VA 23218-0640
Phone: (804) 371-9657
Fax: (804) 371-9416

DISCLAIMER: The data contained here is for informational purposes only. It should not be the sole resource for licensing decisions. Please consult the regulator and/or an attorney that specializes in these matters before taking action.


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