SAFE Mortgage Licensing Act: Minimum Licensing Standards and Oversight Responsibilities

Summary: This final rule sets forth the minimum standards for the state licensing and registration of residential mortgage loan originators, requirements for operating the Nationwide Mortgage Licensing System and Registry (NMLSR), and HUD’s Federal oversight responsibilities pursuant to the Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act or Act), to ensure proper monitoring and enforcement of states’ compliance with statutory requirements. This 2008 law directs states to adopt loan originator licensing and registration requirements that meet the minimum standards specified in the SAFE Act.  

In addition to codifying the minimum licensing standards and HUD’s oversight responsibilities under the SAFE Act, this rule also clarifies or interprets certain statutory provisions that pertain to the scope of the SAFE Act’s licensing requirements, and other requirements that pertain to the implementation, oversight, and enforcement responsibilities of the states. 

Publication Date: June 30, 2011

Effective Date: August 29, 2011