Define Loan Correspondent
Define loan correspondent. Here is short
definition of what is a loan correspondent:
A loan correspondent can
only originate loans that are underwritten by their
sponsoring DE mortgagee. They can't underwrite, own or
service FHA insured loans. A loan correspondent lender or
mortgagee and each of its sponsors shall provide prompt
notification to the Secretary if their loan correspondent
agreement is terminated. A loan correspondent lender or
mortgagee shall file an audit report with the Secretary
within 90 days of the close of its fiscal year (or within
such extended time as may be granted by in the sole
discretion of the Secretary), and at such other times as
the Secretary may request, except that a loan
correspondent mortgagee meeting the definition of Sec. A
loan correspondent may have one or more sponsors and a
sponsor may have one or more loan
correspondents.
A loan correspondent mortgagee is a mortgagee
that has as its principal activity the origination of
mortgages for sale or transfer to its sponsor or sponsors
or that meets the definition of a supervised mortgagee
but applies for approval as a loan correspondent
mortgagee. A loan correspondent mortgagee may originate
mortgages and submit applications for mortgage insurance
but it may not hold, purchase or service insured
mortgages, except that a loan correspondent mortgagee
meeting the definition of a supervised
mortgagee.
FHA loan origination services must be performed
by a FHA-approved lender or FHA approved mortgage broker
(loan correspondent). A loan correspondent may be
compensated for the actual loan origination services it
performs either directly by the consumer or indirectly by
the FHA approved lender without being in violation of
either the RESPA statute and regulations or FHA
regulations.
A significant advantage exists for small
mortgage bankers that obtain a loan correspondent
license. By utilizing the new loan correspondent
licensing category, a licensee can avoid the stringent
requirements of a mortgage banker's license, including
demonstration of a $1 million mortgage funding
capability, a minimum tangible net worth of $250,000 and
meeting the approval criteria of one of the federally
related housing finance entities such as the Federal
National Mortgage Association.
A loan correspondent can only originate loans
that are underwritten by their sponsoring DE mortgagee.
They can't underwrite, own or service FHA insured loans.
This is the only type of approval a mortgage broker can
apply for. Loan correspondents are also known as
Mini-Eagle because they can only originate FHA loans.
They must use a DE mortgagee to sponsor them in an
origination. FHA loan correspondents who are banks are
considered supervised loan correspondents.
Define Loan correspondent lender
A loan correspondent lender or mortgagee may
sell or transfer loans or mortgages only to its sponsors,
although a loan correspondent mortgagee may sell to a
mortgagee that is not a sponsor with the Secretary's
approval. There is no limitation on the number of
sponsors that a loan correspondent lender or mortgagee
may have and no limitation on the number of loan
correspondents that a lender or mortgagee may
sponsor.
Each sponsor shall be responsible to the
Secretary for the actions of its loan correspondent
lenders or mortgagees in originating loans or mortgages,
unless applicable law or regulation requires specific
knowledge on the part of the party to be held
responsible. If specific knowledge is required, the
Secretary will presume that a sponsor has knowledge of
the actions of its loan correspondent lenders or
mortgagees in originating loans or mortgages and the
sponsor is responsible for those actions unless it can
rebut the presumption with affirmative
evidence.
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