房地产贷款中心，主要是协助房地产，无论有执照或没有执照，无论是経紀人出售，或者是屋主自售，在交易过程中，各种贷款的申请，文件的处理，追踪等辅助工作，详情请来电洽询，(626)585-8998
_____________________________________

以下内容，是有关于贷款経紀人的作业仅供参考，

(以下内容取材自强伟城編，”加州房地产法规与实务”，欢迎选购 (626)585-8998 )
{ Most contents in this section were selected from “ The SAFE Mortgagae Licensing Act “ in Chapter 12:
Real Estate Finance and other related Chapter in “ Reference Book “ , BRE , 2010 , page 203-207 } ;

{ Additional Readings : “ Loan Processor,Underwriter-Endorsement ” ( B&P : 10166.01-10166.03) of Article 2.1 : Secure and Fair Enforcement for Mortgage Licenses of Real Estate Law and Subdivided Lands from the Business and Professions Code ; Real Estate Law , BRE, 2016 , on line book page 51-53 }

{ Additional Readings : Article 16: Mortgage Loan Brokerage ( Reg.2840-2849.1) of Regulations of the Real Estate Commissioner in Chapter 6 : Real Estate Commissioner of Title 10 : Investment of the California Code of Regulations , BRE, 2016 , on line page 328-342 }
4.7.1: Mortgage Licensing Act of 2008 贷款经纪人的法案

Title V of P.L. 110-289, the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act), was enacted into federal law on July 30, 2008. This new federal law allowed states to pass state laws to comply with SAFE or in the alternative, HUD would take over the regulation of mortgage loan originators. States had one year to pass legislation requiring the licensure/registration of mortgage loan “originators” (MLOs) according to national standards. This licensure is required in California when MLOs engage in the making or arranging of loans primarily for personal, family, or household use that are secured by deeds of trust or mortgages through a lien on real property when the security property is a dwelling consisting of 1 to 4 residential units. The MLO licensure/registration also applies when the financing arranged is to construct on the security property the intended dwelling of the borrower (Business and Professions Code Section 10166.01(d)).

2008年，联邦政府通过了管理贷款经纪人的法案，同时要求各州政府，根据这个法案，你一定个周自己的执照规定，同时，联邦政府的房屋开发署，将统一管辖，全美经纪人的贷款执照管制。
4.7.2: Nationwide Mortgage Licensing System and Registry (NMLS) 贷款经纪人登记系统

The SAFE Act established a Nationwide Mortgage Licensing System and Registry (NMLS) in which the states are required to participate. The BRE is a participating state agency in NMLS. The SAFE Act is designed to enhance consumer protection and reduce mortgage loan fraud through the setting of minimum standards for the licensing and registration of state-licensed mortgage loan originators (MLOs). California law was amended to add several sections to the Business and Professions Code expanding the authority of the BRE to participate in the NMLS, including the processing and registering of MLOs. The added California law includes requirements for doing business as an MLO; establishes a one year term for the license endorsement; authorizes application forms; imposes record keeping and transaction fees; and defines violations of the law and the penalties to be imposed (Business and Professions Code 10166.01 et seq.).

联邦政府透过贷款法案，建立了一个全国的贷款经纪人管制及登记系统，同时规定各州的相关单位必须一起参与; 加州房管局也是参与的单位，这个法规的主要目的是保护消费者通过贷款经纪人贷款的时候，减少贷款的风险，及加强保障 ; 加州政府，为了配合这项全国的方案，加州通过了许多相关的法规，以及加州贷款经纪人的考试规则，规定一些贷款经纪人违法的处分条款。

4.7.3 : MLB/MLO 贷款的经纪人

Applicable California law requires loan processors and underwriters to either function as employees of the real estate broker (MLB/MLO) or to be separately licensed if providing services as an independent contractor. Each applicant to become licensed or registered as an MLO must undergo a criminal history and related background check. Included as part of the prerequisite requirements for the issuance of the endorsement to act as an MLO, is consideration of previous license discipline, a review of criminal records where the applicant was convicted of a felony, and whether the felony involved fraud, dishonesty, a breach of trust, or money laundering. Further, an applicant for the endorsement to act as an MLO must undergo a qualifying written examination, demonstrate financial responsibility and meet new educational requirements. (Business and Professions Code Sections 10166.03, 10166.04, 10166.05, and 10166.06).

根据加州相关的法律，贷款的经纪人以及处理贷款案子的人，必须是地产公司的雇员，或者独立的贷款公司 ; 所有贷款的经纪人及相关的人，必须经过背景的调查，确定没有任何犯罪过的记录; 同时经过相关的考试，证明有能力处理新法规的规定。

4.7.4 : Annually Report with the BRE or the NMLS 每年向房管局报告

Subsequent to receiving the endorsement required by this law, MLBs/MLOs must file with the BRE business activity reports, additional reports in the form and content required by the NMLS, and documents establishing whether continuing education requirements have been met or satisfied. These reports must be filed annually with the BRE or the NMLS (as appropriate) to renew the MLO endorsement (Business and Professions Code Sections 10166.07, 10166.08, 10166.09, and 10166.10). MLBs/MLOs are required to maintain and to make available for inspection, examination, or audit by the BRE documents and records (as defined). The foregoing inspections, examinations, or audits are substantially broader in authority then to which real estate brokers (MLBs) would otherwise be subject (Business and Professions Code Sections 10166.11 and 101666.12).

按照商业法规的规定，贷款经纪人，必须每年向房管局，全国贷款管理管理局，填去年读的报告，以及教育的规划规，每一年还要更新执照; 贷款经纪人的被检查，考试，以及评审的条件，会比一般的房地产经纪人要严格。

4.7.5 : Penalties for Violations 违法罚款

Violations of this law include failing to notify the BRE of the activity of the licensee as an MLO, failing to obtain the required endorsement to function as an MLO, and otherwise failing to comply with applicable law (including the Real Estate Law and the SAFE Mortgage Licensing Act). The penalties for violations are assessed at $50.00 per day for each day written notification has not been received by the BRE of activities requiring the endorsement or failing to obtain the endorsement up to and including the 30th day after the first day of the assessment of the penalty and, $100 per day thereafter to a maximum penalty of $10,000 (Business and Professions Code Section 10166.02).

按照商业及专业法规的规定，贷款经纪人，如果没有想房管局做适当的报告，算是违法。如果没有遵守其他相关法规的规定，也算是违法。再收到违法通知的开始，30天内，每天可能会被处罚50美元，之后每天罚款是100美元，你多可以罚到1万美元。

4.7.6: Required to Register 登记就可以

MLOs who work for an insured depository institution or an owned or controlled subsidiary of the institution or its holding company (regulated under federal law by a federal banking agency) or a financial institution regulated by the Farm Credit Administration, are required to register with the NMLS. However, these MLOs do not require licensing under state law and are not required to sit for examination as a prerequisite to licensure. MLOs require licensing by the several states are subject to the regulation of the applicable state licensing agency.

在加州保险公司或银行贷款员的人，只要向联邦贷款局登记就可以，不需要经过考试。

4.7.7: State-licensed MLOs 州的贷款经纪人

The SAFE Act requires state-licensed MLOs to pass a written qualifying test, to complete pre-licensure education courses and to take annual continuing education courses (as defined). The SAFE Act also requires applicants for status as MLOs to submit fingerprints to the NMLS for submission to the FBI to accomplish the previously mentioned criminal background checks. State-licensed MLOs are required to provide (as part of the examination or review of financial responsibility) authorization for the NMLS to obtain independent credit reports and to examine the credit worthiness and financial standing/responsibility of applicants for and to accomplish renewal as MLOs.(p.204)

联邦贷款经纪人管理方案，规定每一州的贷款经纪人，必须通过考试，完成考前的教育规定，同时每一年还要有，进修学分。同时规定贷款经纪人，必须提供指纹，经过联邦调查局的，备勤检查，肯定没有犯罪记录 ; 由各州管理的贷款经纪人，在每年更新执照的时候，必须提供个人的信用报告，检查是否有财务上的危机。

4.7.8 : Salesperson Performance房地产经纪人从事于贷款的业务

2756. Salesperson Performance of Mortgage Loan Origination.
A salesperson must obtain and be maintaining a mortgage loan originator license endorsement and be employed by a licensed real estate broker who has obtained and is maintaining a mortgage loan originator license endorsement to perform acts for which a mortgage loan originator license endorsement is required.

房地产经纪人，要从事于贷款的业务，必须首先考过房贷款经纪人的执照考试，同时必须在有贷款执照的房地产公司做事。

2758.1. Examination.
(a) The examination to qualify for a mortgage loan originator license endorsement shall be administered through the federal Nationwide Mortgage Licensing System and Registry and will consist of a national component and California state component. No portion of the examination is applicable, or a condition precedent, to the application required to obtain a real estate license in California.
(b) A person taking the examination to qualify for a mortgage loan originator license endorsement shall abide by the rules, policies, and procedures set forth by the Nationwide Mortgage Licensing System and Registry.

贷款经纪人执照的考试，是由联邦政府贷款执照系统及登记处负责，考试内容，必须包括联邦的法规以及加州的法规，这些于加州房地产执照的规定不同 ;
所有申请报考贷款经纪人执照的人，必须遵守联邦贷款执照系统及登记的法规，及政策程序。

2758.2. Fingerprints.
In order to apply for a mortgage loan originator license endorsement, an applicant must submit his or her fingerprints to the Nationwide Mortgage Licensing System and Registry. The submission of fingerprints shall be in addition to the fingerprint submission requirement to obtain a California real estate license.

申请贷款经纪人考试的人，必须另外向联邦贷款管理系统 , 提供指纹; 另外要提供一份指纹表，申请房地产经纪执照。

2758.3. Evidence of Financial Responsibility.
The Commissioner’s finding required by Section 10166.05(c) of the Business and Professions Code relates to any matter, personal or professional, that may impact upon an applicant’s propensity to operate honestly, fairly, and efficiently when engaging in the fiduciary role of a mortgage loan originator.
In order to apply for a mortgage loan originator license endorsement, an applicant shall authorize the Nationwide Mortgage Licensing System and Registry (NMLSR) to obtain the applicant’s current credit report. The credit report will be used as needed to validate the applicant’s responses to the NMLSR’s electronic application form, in order to support the Commissioner’s finding required by Section 10166.05(c) of the Business and Professions Code.
(a) The applicant may be precluded from obtaining a mortgage loan originator license endorsement where his or her personal history includes: REGULATIONS OF THE REAL ESTATE COMMISSIONER 231

加州商业及专业法规的规定，申请贷款经纪人执照的时候，必须提高自己的信用报告，证明自己有足够的人力，做好贷款经纪人的工作。

44.7.9 : FTC – Enforce TLA 監管誠實貸款法規

“Administrative Enforcement
The Federal Trade Commission enforces the Truth in Lending Act and Regulation Zwith respect to real estate brokers, mortgage loan brokers, mortgage bankers, and other creditors and advertisers not regulated by the following federal agencies which have jurisdiction over the indicated financial institutions:
Comptroller of the Currency (national banks):
Federal Deposit Insurance Corporation (FDIC-insured banks that are not members of the Federal Reserve System);
Federal Reserve Board (state member banks of the Federal reserve System.
Office of Thrift Supervision (Federally –insured savings institutions and members of the Office of Thrift Supervision System not insured by FDIC); and
National Credit Union Administration (federally chartered credit unions) l
The FTC may determine that a creditor or advertiser has violated the law and order the crditor or advertiser to cease and desist from further violations. Violations of such an administrative order may result in an $11,000 civil penalty each day the violation continues.
If creditors or advertisers engage in practices which they know the Commission has previously determined to be unfair or deceptive, the Commission may file an action in federal district court seeking penalties of up to $11,000 for each violation.
In addition, where a creditor inaccurately discloses an annual percentage rate or finance charge, the FTC can require the creditor to adjust the accounts of persons to whom credit was extended to assure that the obligors will not be required to pay a finance charge in excess of the finance charge actually disclosed or the dollar equivalent of the disclosed annual percentage rate, whichever is lower. Section 108 (e) of the Truth in Lending Act sets forth the conditions under which these administrative restitution cases may be brought, as well as defenses the creditor can assert in such cases.”

誠實貸款法規是由聯邦貿易委員會（FTC），負責執行並監督所有的貸款經紀人，或非正規的聯邦註冊的銀行信用社等機構。聯貿會（FTC）有權決定全美貸款經紀人，是否按照聯邦誠實貸款法規的規定，對所有借款人提供應提供的告示或通知，如果經紀人違規聯貿會（FTC）有權懲罰貸款公司及經紀人，每天$11,000罰款，聯貿會也有權主動向聯邦法庭控告違規貸款公司及經紀人。並由法院懲罰貸款公司或經紀人，每個違規罰$11,000美元。同時，聯貿會有權強迫貸款公司或經紀人，對不實的“年利率”計算或亂收，超收借款人的貸款手續費，必須調整或退還給原借款人。

說明：華裔的房地産貸款市場一片混亂。有些貸款公司根本沒有經紀執照（Broker）；有些是租來的執照；甚至更多無照的貸款黃牛，到處亂拉生意，亂作廣告；許多有執照的經紀人，也不懂貸款法規，房地産法規，也跟著亂打廣告宣傳；最常見的是有照經紀人瞞著自己的公司，收取別家貸款公司所支付的傭金或介紹費。更嚴重的事，從事貸款的公司及經紀，許多只顧拉生意，根本不遵守法規規定。希望所有華裔經紀人及業者要注意遵守法規；也希望所有有疑問、被欺瞞的消費者，可以循求法律途徑，制止違規的貸款運作，才能使華裔貸款市場合理化、合法化。

4.7.10 : B.R.E. Regulation / Code 房管局規定

“Commissioner’s Regulations
Real estate licensees active in the mortgage loan business should be familiar with Commissioner’s Regulations 2845 (interpretative opinion request); 2846(approved lender/purchaser disclosure statement)’ 2846.5 (report of annual trust fund accounts review); 2857,2847.3 and 2848 (advertising); and 2849.01 (annual report format).
A. All California real estate licensees, when acting as such, must disclose licensure in advertising, for a broker engaged in mortgage loan activity, the following also applies;
“No real estate licensee shall place an advertisement disseminated primarily in this state for a loan unless there is disclosed within the printed text of that advertisement, or the oral text in the case of a radio or television advertisement, the license under which the loan would be made or arranged.”
A real estate broker must include one of the following disclosures in any mortgage loan advertising:
”Real estate broker, California Bureau of Real Estate ”or “California Bureau of Real Estate,real estate broker .The words California and departrment may be abbreviated as “CA”. or “CALIF ” and “DEPT”.
In addition to the license and licensing department identifiers, mortgage brokers must include their 8 digit broker license identification number in the ad. (Law P 113)
In the borrower and lender/purchaser disclosure statements (MLDS and LPDS), a broker must disclose the license identification number and the information telephone number established by the Department that a consumer can call to inquires about the license status of the broker.”

加州房管局的規則第16章第2845條、2846条、2847條、2848條、2849條的規定，主要是規範所有加州從事（兼作或專作），房地産貸款的經紀人，必須遵守的各項規定。以下我們會分別選些重點來介紹一下。（基本上是第16章第2840-2849.1條文）其中，第2847.3條及2770.1條項規定，就是經紀人無論在報紙、刊物或電臺、電視臺作的任何貸款廣告，必須很清楚的表明自己的經紀人身份。同時在廣告中要註明是“加州房管局核發的加州經紀（Broker）執照”（外州執照不得在加州拉生意），而且在商業法規第10236.2條文規定，經紀人的執照號碼，必須要刊登出來。在有些公告文件上，還必須登載經紀人的公司，電話號碼，以便消費者，遇有被欺瞞懷疑時，可向房管局或聯貿會檢舉報案。

說明：請各位看看華裔的媒體界，無論報刊廣告、電臺、電視臺廣告，有幾家華裔貸款公司或經紀人是遵守這個法規？自己的經紀身份都不按法規規定，其他該遵守的法規，您想他們知道遵守嗎？

4.7.11: Advance Fees預繳費用的徵收

“Advance fees
A broker may wish to collect money in advance from a loan applicant to cover the by cost of services to be performed in arranging the loan. Money collected “up front” is an advance fee. An advance fee may only be collected pursuant to an agreement previously approved the Department of Real Estate. Commissioner’s Regulation.
2970 sets forth the basic contents of an advance fee agreement. The broker must also submit, for the Department’s prior approval, all advertising materials used in conjunction with an advance fee arrangement.”

加州房管局法規第21章第2970條，所有貸款經紀公司或經紀人要事先向借款申請人徵收的預繳費用，必須有書面的協議書（至少10級字體標明）由借款人簽名同意才可。這項協議書內容，必須在刊登廣告前10天送房管局核准，才可用。

說明：一般貸款公司或銀行均要求申貸人，預繳信用調查報告費及房産估價費，以決定貸款人及抵押的産業，是否符合貸款的條件。一般這個費用是不退還的。無論申貸人是否符合貸款條件，或申貸人是否決定辦下去，這個費用均不退還的。所以貸款公司或銀行，一定要讓申貸人簽署一份預繳費用的細目表，及不退款的申明書。

4.7.12: Specific Disclosure 特別公告

“required by state law ,The state disclosure statement is called the Mortgage Loan Disclosure Statement (MLDS), If a GFE is necessary in the loan transaction, the Department has available a Mortgage loan Disclosure Statement /Good Faith Estimate (MLDS/GFE) The MLDS/GFE satisfied the state disclosure requirement and the federal GFE requirement.”
“In addition to a disclosure statement for the borrower in a loan transaction, there are lender disclosure statements. That a broker may be required to use. Unlike the MLDS or MLDS/GFE which must be provided to a borrower in virtually every loan transaction, the disclosure, statement for a lender/investor is limited to private and small pension trust lenders/investors. lenders/investors such as banks, savings and loan associations, credit unions , and a variety of others need not receive the lender/investor disclosure statement which is called the lender/Purchaser Disclosure Statement (LPDS).
Every real estate broker, in making a solicitation to a private investor and in negotiating with what investor to make a loan secured by real property or to purchase a raw property sales contract or a note secured by a deed of trust, is required to deliver to the investor solicited the applicable, completed statement as early as practicable before he or she becomes obligated to purchase or make the loan. The statement shall be signed by the prospective lender or purchaser and by the real estate broker, or by a real estate salesperson licensed to the broker, on the broker，s behalf, When so executed an exact copy shall be given to the prospective lender or purchaser The Department has available three versions of the LPDS, depending on the type of transaction. There are statements for loan origination, sale of an existing note and one for a collateralized loan. Please note that collateralized loans are not permitted in multi-lender transactions.” (www.dre.ca.gov)

法規規定，經紀人替貸款人申請安排貸款，須要有貸款說明書；如果只集資必須有銀行或投資說明書等。

說明：說明書內容很多，無法細解釋，附表於後請經紀人自閱。

4.7.13: Disclosure 廣告規定

“Section 10235 proscribes false, misleading or deceptive advertising by a real estate licensee engaged in the business of brokering loans or the sale of existing trust deeds An advertisement cannot imply a yield or return on a promissory note different from the interest rate of the note itself unless the advertisement sets forth both the actual interest rate and the difference (discount) between the outstanding principal balance of the note and the price at which it is being offered for sale.”
“Article 5 also prohibits a real estate licensee from offering or advertising any premium, gift or other inducement to a prospective note purchaser, borrower or lender (Section 10236.1) The Department does not consider rebates or reductions in the costs and fees of the loan to be a violation. For example, a broker can offer free appraisals as long as no other fees or costs are increased to allow for this inducement.”
“A real estate broker who advertises for or solicits funds from the public that are to be used for the broker’s direct or indirect benefit must submit the format of the disclosure statement to the Department prior to any solicitation and then an individual statement to each prospective lender or purchaser before the broker accepts any funds from the person solicited.(Section 10231.2)” (P 309)
“In addition, the Federal Trade Commission publishes a manual for business entitled “How to Advertise Consumer Credit: Complying with the Law.” This manual is available from the U.S Government Printing Office.”

加州商專法規定第5章第10235條規定禁止貸款經紀人刊登不實、誤導及詐欺性的貸款或買賣“信託契”的廣告。第102361.1禁止貸款經紀人對借款人，提供任何引誘或送禮的招引廣告來吸收貸款人。
第10231。2條文，則規定如果經紀人招資而有部分資金，與經紀人有關時，必須廣告先送審。其他還有許多條文，將分別介紹說明之。

4.7.14: Lender / Purchaser Disclosure 忠告投資人

“Disclosure Statement
Sections 10232.4 and 10232.5 require that a real estate broker furnish a non-institutional lender or purchaser of a trust deed with a disclosure statement setting forth:
1. The loan terms;
2. Pertinent information about the borrower (identity, occupation, income, credit data, as represented to the broker by the prospective borrower):
3. Pertinent information about the property which will secure the loan, including address or other means of identification, fair market value, age, size, type of construction and description of improvements:
4. Provisions for loan servicing;
5. Pertinent information concerning all encumbrances which are currently liens against the property and which the borrower discloses as prospective liens.
The statement must be delivered before the lender (or purchaser of a note) becomes obligated to complete the loan (or purchase).”

加州商專法規第5章第10232的條文，主要是規範經紀人招資去投資買賣“信託契”（Trust Deed）的交易，該條文規定經紀人必須把欲投資購買的“信託契”的條款、期限，抵押的産業，債權狀況等，須事先向投資人說明並以書面告知所有詳情。

案例：90年代初期，房地産有些投資人很熱衷投資購買第二順位的“信託契（T.D.）。如果房地産市場很穩定的話，這是一個很高回報的投資；但是，在房地産市場下跌時，就成高風險的投資。當時有一、二家華人投資公司，集資投資買賣“信託契”起初大賺，但運氣不好，房地産一跌，結果數千萬美元投資賠得很慘，還引起投資官司。

4.7.15: Mortgage Loan Disclosure 貸款說明書

“The Mortgage Loan Disclosure Statement is at the heart of Article.7. The statement’s purpose is to provide a prospective borrower with information concerning the important features of a loan.
A real estate broker negotiating, or, under the circumstances described above, making, a mortgage loan of any kind or in any amount to be secured directly or collaterally by a lien on real property must present a completed Mortgage Loan Disclosure Statement to the prospective borrower within 3 days of receipt of a completed written loan application or before the borrower is obligated to take the loan, whichever is earlier. A broker (or, of course, a salesperson employed by the broker) must obtain the borrower’s signature on the statement prior to the time that the borrower becomes obligated to complete the loan .In addition, if the loan is subject to Article 7 the licensee must certify in the statement that the loan complies with Article 7.”

在加州商專法規第7章第10240-10241的條款及房地産法規第16章第2840-2842的條文均規定，當申請借款人填具正式的貸款申請表後三天內，必須要向借款人提出一份借款說明書，其中必須註明貸款各種手續費、經紀人傭金和産業上的債權情況等，借款人簽名同意才可。
(以下内容取材自强伟城編，”加州房地产法规与实务”，欢迎选购 (626)585-8998 )