Mortgage Lenders, Brokers, Mortgage Servicers, Loan Originators and Mortgage Consumer Discount Companies
Mortgage lenders directly or indirectly originate and close mortgage loans with their own funds in the primary market for consideration.
Mortgage brokers directly or indirectly negotiate or place mortgage loans for others in the primary market for consideration.
Mortgage Servicers engage in the mortgage loan business by
directly or indirectly servicing a mortgage loan.
Mortgage consumer discount companies are consumer lenders that engage in mortgage lending.
Mortgage originators are individuals who take mortgage loan applications or offer or negotiate terms of mortgage loans for compensation or gain.
2/8/2022 – Secretary's Letter on Remote Mortgage Legislation
On behalf of the Pennsylvania Department of Banking and Securities, I am pleased to announce the passage of HB 1588, now Act 8 of 2022 into law. Act 8 authorizes remote mortgage loan origination, in addition to other updates to the Pennsylvania Mortgage Licensing Act.
Mortgage Servicing Regulation updated to incorporate CFPB's 08/31/2021 changes
The Department is required by Mortgage Licensing Act § 6141(a)(1) to "promulgate regulations which effectively incorporate the Consumer Financial Protection Bureau's mortgage servicer regulations at 12 CFR Pt. 1024, Subpt. C (relating to mortgage servicing), other than 12 CFR 1024.30 (relating to scope)." The Consumer Financial Protection Bureau altered their mortgage servicer regulations at 12 CFR 1024, Subpart C effective 08/31/2021. Pursuant to § 6141(a)(2): "When the Federal regulations under paragraph (1) are altered, the department shall promulgate regulations making the appropriate incorporation." The Department effectively incorporated the Consumer Financial Protection Bureau's mortgage servicer regulations by PA Bulletin on September 25, 2021: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol51/51-39/1615.html
Department adopts CFPB Interim Final Rule to 12 CFR Part 1024
Mortgage Servicing Regulations Available
The Department of Banking and Securities has effectively incorporated the Consumer Financial Protection Bureau's mortgage servicer regulations as required by Act 81 of 2017. The regulations can be found here.
The transition period for Mortgage Servicer licensing ended on June 30, 2018. Anyone currently servicing a Pennsylvania mortgage and did not apply for licesure during the transition period will be considered unlicensed and subject to enforcement action. All new Mortgage Servicer applicants must be approved for licensure prior to servicing any Pennsylvania mortgage.
Applications for anyone engaging in Mortgage Servicing, must apply in the Nationwide Multistate Licensing System (NMLS).
Questions about the mortgage servicing license and the license application process can be emailed to firstname.lastname@example.org.
Secretary's Letter on Cybersecurity (PDF)
The Department continues to work collaboratively with federal regulators, other states financial regulators, and other Commonwealth agencies to address cybersecurity challenges.
Federal Government Principles on Responding to Cyber Incidents
A Presidential Policy Directive (PPD-41) released on July 26, 2016, sets forth principles governing the federal government’s response to any cyber incident, whether involving government or private sector entities. For significant cyber incidents, PPD-41 also establishes lead federal agencies and an architecture for coordinating the broader federal government response. Learn more: http://bit.ly/2aeAUtZ.
The Federal Financial Institutions Examination Council (FFIEC) members have issued a revised Management booklet, which is part of the FFIEC Information Technology Examination Handbook (IT Handbook). The IT Handbook is available here.
Mortgage Licensing Act Examination Guidance (PDF)
The Department of Banking and Securities uses NMLS to manage mortgage licensees. Through NMLS, your company will be able to apply for, amend and renew your license/registration authority conveniently and safely online. In order to use NMLS, current licensees must enter their company information onto NMLS by creating a base record and obtaining a unique company identifier.
Licensees should direct those who inquire about its license status to the NMLS Consumer Access website at www.nmlsconsumeraccess.org.