Frequently Asked Questions - Non-Depository

NDCC Section 13-05-02 requires a collection agency license for any person or entity who engages in debt collection with a debtor residing in North Dakota.

Yes, the broad definition of debt collection includes both consumer and commercial debt.

If a person or entity purchases debt that is not in default, that person or entity may qualify under the creditor exemption from licensure found in NDCC 13-05-02 (9), and collect on the debt.  However, if the debt was in default at the time of purchase, the party receiving assignment or transfer of the debt would not qualify under the creditor exemption.  As such, while the debt could still be purchased, the entity or individual would require licensure to collect on the debt, unless another exemption applied.

Yes, the Department has determined passive debt buyers fall under the definition of “debt collection” in NDCC 13-05-01.1(7). In this instance, both the debt buyer and third-party debt collection agency are required to hold a North Dakota collection agency license.

A list of exemptions from collection agency licensure can be found under NDCC 13-05-02.3.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  All collection agencies licensed by our Department are registered through the NMLS system.  You can determine whether a company or individual is a licensed collection agency in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

Entities or individuals seeking a collection agency license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

North Dakota does not require a physical presence for its collection agency license.

North Dakota license fees include a $400 initial application fee and a $400 annual license fee, which is required at each subsequent renewal.  Further, there is a $50 annual fee for each branch location registered to engage in debt collection in North Dakota.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Knowing your rights is important.  A good resource for reviewing your rights relating to debt collection activities can be found at the Federal Trade Commission (FTC) website:  https://www.consumer.ftc.gov/articles/0149-debt-collection.  This site discusses a variety of collection issues, including the Fair Debt Collection Practices Act (FDCPA), time and methods of phone calls, privacy, information you are entitled to receive, prohibited collection practices, garnishments, legal recourse, and complaints.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a collection agency may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Collection agency and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

NDCC Section 13-11-02 requires a debt-settlement provider license for any person who provides debt-settlement services to North Dakota residents.  NDCC 13-11-01 (6) defines a debt-settlement provider to mean "...any person engaging in, or holding itself out as engaging in, the business of providing debt-settlement service in exchange for any fee or compensation, or any person who solicits for or acts on behalf of any person engaging in, the business of providing debt-settlement service in exchange for any fee or compensation."

NDCC 13-11-01 (7)(a) and (7)(b) provides details on what constitutes debt-settlement services and what activities are not included.

A list of exempted entities and individuals is included in NDCC 13-11-01 (6).

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  All companies licensed by our Department are registered through the NMLS system.  You can determine whether a company or individual is a licensed debt-settlement provider in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

Individuals seeking a debt-settlement provider license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

North Dakota does not require a physical presence for its debt-settlement provider license.

North Dakota license fees include a $400 initial application fee and a $400 annual license fee, which is required at each subsequent renewal.   Further, each applicant must pay a $50 annual fee for each branch location registered to engage in debt-settlement in North Dakota.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website (URL) addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a debt settlement provider may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Debt settlement provider and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

NDCC Section 13-08-01 (5)  states that a deferred presentment service transaction means a transaction by which a person pays to a customer the amount of a check and accepts a check from the customer on the date of the transaction and agrees to hold the check for a period of time before presentment, accepts a check dated after the date of the transaction and agrees to hold the check for a period of time before presentment, or pays to the customer an agreed-upon amount and obtains the customer's authorization to transfer or withdraw, electronically or otherwise, funds from a customer's account in repayment at some future, agreed-upon date.  NDCC Section 13-08-02 requires a license in order to provide deferred presentment services. A person is considered to be providing a deferred presentment service if the customer is located in this state.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  All companies licensed by our Department are registered through the NMLS system.  You can determine whether a company or individual is a licensed deferred presentment service provider in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

Individuals seeking a money broker license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

Yes.  NDCC Section 13-08-02 states that a licensee is required to acquire a separate deferred presentment service provider license for each location from which business is conducted.  This means that investigations or examinations will be conducted on each branch as if it were a separate company.  However, in the NMLS system, these additional locations are referred to, and treated as, branches.

North Dakota does not require a physical presence for its deferred presentment service provider license.

North Dakota license fees include a $400 initial application fee and a $450 annual license fee, which is required at each subsequent renewal.  These licensing fees are required for each location operated by the licensee which is registered to conduct payday lending in North Dakota.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

No.  NDCC 13-08-12 (1)(f) states:  "No property, titles to any property, or mortgage may be received or held directly or indirectly by the licensee as a condition of a deferred presentment service transaction or as a method of collection on a defaulted deferred presentment service transaction without proper civil process."

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

NDCC 13-08-12 (4) states the maximum aggregate amount of outstanding obligations that can be held by one individual is $600, of which $500 would be the actual loan proceeds.  This means that a licensee will not be authorized to provide any additional payday loans to a person who already owes $600 in payday loan obligations.

NDCC 13-08-12 (2) states that a licensee's fee cannot exceed 20% of the amount paid to the customer by the licensee. {example:  For a payday loan of $100, the licensee can charge a maximum fee of $20}.  The only other fee that may be passed on to the customer is the actual fee paid by the licensee to register the transaction on the payday loan database.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website (URL) addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a deferred presentment service provider may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Deferred presentment service provider and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

NDCC Section 13-04.1-02 requires a money broker license for any person engaging in money brokering activities with a borrower who resides in North Dakota. 

NDCC 13-04.1-01.1 (4) defines money brokering as "...the act of arranging or providing loans or leases as a form of financing, or advertising or soliciting either in print, by letter, in person, or otherwise, the right to find lenders or provide loans or leases for persons or businesses desirous of obtaining funds for any purposes."

Yes, the broad definition of money brokering includes both consumer and commercial lending.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  All non-bank and credit union companies licensed as money brokers by our Department are registered through the NMLS system.  You can determine whether a company or individual is a licensed money broker in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

A list of individuals and entities exempt from money broker licensure requirements is found under NDCC 13-04.1-02.1

Entities or individuals seeking a money broker license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

North Dakota does not require a physical presence for its money broker license.

North Dakota license fees include a $400 initial application fee and a $400 annual license fee, which is required at each subsequent renewal.  Further, there is a $50 annual fee for each branch location registered to engage in money brokering in North Dakota.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website (URL) addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a money broker may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Money broker and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

No, the department’s application of the law for examination purposes is that the maximum charges are those present and calculated at the time of the execution of the credit or loan document.  Loan late or NSF charges are subsequent to the loan origination and are not included in the calculation. 

During an examination, the Department will review the fees and determine if they were necessary for the borrower to obtain credit.  If credit life insurance was required by the lender to obtain the loan, then the cost of credit life will be a cost of financing and included in the maximum loan interest rate calculation.  If the extension of credit was not contingent upon the sale of credit life, rather the credit life was a voluntary purchase by the borrower, then the fees are not included in the calculation.

During an examination, the examiners will consider NSF charges charged by the third party the check was drawn upon which are levied against the money broker and passed on to the borrower to be a collection cost and not be included in the $20 late fee cap.

No.  During an examination, the Department will not consider subsequent loan advance fees on lines of credit to be part of the maximum interest rate calculation. 

No.  During an examination, the Department will consider the origination amount to be the maximum available draw on the line of credit.  Since the origination was for more than $50,000, the cap will not apply.

No.  During an examination, the Department will not consider these in calculating the maximum interest rate allowed under North Dakota Century Code 13-04.1.

No.  During an examination, the Department will not consider these third-party charges in calculating the maximum late fee or maximum APR allowed under North Dakota Century Code 13-04.1.

Lead generator means a person who, for or with the expectation of compensation or gain: (a) sells, assigns, or otherwise transfers one or more leads for a consumer finance loan or a residential mortgage loan; (b) generates or augments one or more leads for another person; (c) directs a consumer to another person for consumer financing or a residential mortgage loan by performing marketing services, including, but not limited to, online marketing, direct response advertising or telemarketing. 

A licensed lead generator shall not be deemed to be acting as a mortgage lender, mortgage correspondent lender, mortgage broker or mortgage loan originator when engaged in the activities of a lead generator, if such person does not: (1) obtain compensation or gain contingent upon the consummation of a consumer finance loan or a residential mortgage loan or the receipt of a residential mortgage loan application, or (2) utilize financial criteria particular to the consumer or the residential mortgage loan transaction to selectively place a lead or to steer a consumer to a specific person for a consumer finance loan or a residential mortgage loan.

NDCC Section 13-09-01 requires a money transmitter license for any person who engages in the business of money transmission with North Dakota residents, even if that person has no physical presence in the state.  Under NDCC 13-09-02 (13), money transmission means to "...engage in the business of the sale or issuance of payment instruments, stored value, or of receiving money or monetary value for transmission to a location within or outside the United States by any and all means, including wire, facsimile, or electronic transfer."  Under the same definition, bill payment services are expressly included, while payment processing activities conducted for a merchant under an agency relationship are excluded.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  All companies licensed by our Department are registered through the NMLS system.  You can determine whether a company or individual is a licensed money transmitter in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

A list of exclusions from the requirement for a money transmitters license can be found under NDCC 13-09-03.

Individuals seeking a money transmitter license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

North Dakota does not require a physical presence for its money transmitter license.

North Dakota license fees include a $450 initial application fee and a $400 license fee.  A licensee under this chapter shall pay an annual renewal fee equal to $500 or one-fourth of one percent of the money transmission dollar volume in North Dakota for the twelve months ending June 30th, whichever is greater.  The fee may not exceed $2,500.  A minimum of $500 will be paid at the time of the license renewal, and any required renewal fee in excess of $500 will be invoiced through NMLS to be paid at the time of the license renewal.  In addition, licensees will be responsible for all NMLS charges, including processing fees, criminal background check fees, credit report check fees, and active authorized agent/delegate location fees.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

Currently, the Department does not consider the control or transmission of virtual currency to fall under the scope of NDCC 13-09.  However, any such company that also holds or transmits fiat currency will still need to secure a money transmitter license.

Yes.  Fiat currency-based peer-to-peer and business-to-business transactions are considered money transmission and require a license.

No.  The purchase, sale, or exchange of virtual currency does not in and of itself require a money transmitter license.  However, other activities related to these business lines may trigger this requirement, such as the transmission of fiat currency-denominated assets to third parties.

No.  Using a digital wallet to store fiat currency for the purpose of purchasing virtual currency does not require a money transmitter license.

No.  The transfer of virtual or fiat currency between digital wallets or accounts owned by the same customer does not require a money transmitter license.

While the transmission of virtual currency is not considered a money transmission activity, the transmission of fiat currency on behalf of a customer to a third party does create a licensing requirement.

No.  The operation of a coin kiosk or fiat currency machine to purchase virtual currency in and of itself does not create the need for a money transmitter license.

No. North Dakota's money transmitter rule does not apply to foreign currency exchange.  If your company also engages in any type of transmission as part of this activity, that activity would trigger the need for a license.  For example, activities that would trigger a license include peer-to-peer or business-to-business transmissions.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website (URL) addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a money transmitter may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Money transmitter and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

Permissible investments may include receivables that are due to a licensee from its authorized delegates pursuant a contract described in section 13-05-15, which are not past-due or doubtful of collection. Additionally, debit card or credit card-funded transmission receivables not yet settled, and ACH debits not yet cleared, representing money from the customer’s account which has been reserved and is in the clearing cycle to be delivered to the licensee are also permissible investments.

A residential mortgage loan is defined by NDCC 13-10-02 (12) as "...any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in section 103(v) of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed such a dwelling."

North Dakota Century Code (NDCC) Section 13-10-02 (6) defines a Mortgage Loan Originator to include any "...individual who for compensation or gain or in the expectation of compensation or gain:  (1) takes a residential mortgage loan application; or (2) offers or negotiates terms of a residential mortgage loan."  The statute also defines a list of activities not included with the meaning of the term.    Unless specifically exempted from licensing, a person requires a license if he/she engages in the business of an MLO with respect to any dwelling located in North Dakota.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with the each state through a secure and centralized website.  Through the NMLS consumer access portal, any person can determine which state(s) a company and/or individual are licensed to conduct lending activities.  The consumer access portal's website is:  http://www.nmlsconsumeraccess.org.

NDCC 13-10-02 (6) provides limited exceptions from the definition of Mortgage Loan Originator, including:  an individual engaged solely as a loan processor or underwriter, a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with North Dakota law, or a person or entity solely involved in extension of credit related to timeshare plans.  However, it should be noted that there are only limited circumstances in which these parties are exempt, and any party seeking to fall under one of these exemptions should review the full text of the exemptions found under 13-10-02 (6).

All MLO licenses are obtained by first completing an application through the Nationwide Multistate Licensing System (NMLS) Resource Center:   https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.

North Dakota license fees include a $25 initial application fee and a $50 annual license fee, which is required at each subsequent renewal.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

Our average processing time is 1 to 14 days, depending on the timeliness and completeness of applicant responses to requests for information.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

All education and testing requirements are submitted and processed through the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.

If the MLO is active and the sponsorship is removed, the MLO will be moved to an "Approved-Inactive" status.  The license can still be renewed and will be kept in the "Approved-Inactive" status provided continuing education requirements are met.  However, an MLO is unable to conduct business while in the "Approved-Inactive" status. 

In this circumstance, it is the MLO's responsibility to find another sponsor.  If another sponsor cannot be obtained, the alternative is for that MLO to obtain a license as a money broker, who will then sponsor his/her MLO license.

No, each MLO can only be sponsored by one North Dakota-licensed money broker.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Yes, staff of a money broker may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Money broker and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.       

NDCC Section 13-12- 03. Except as otherwise provided, a person other than a residential mortgage lender licensed and authorized under this chapter may not engage in residential mortgage lending in the state without a residential mortgage lender license issued by the commissioner. A person engages in residential mortgage lending if the borrower resides in North Dakota.

NDCC 13-12-02 (6) "Residential mortgage lender" means a person that, in the ordinary course of business, engages in residential mortgage lending. (7) "Residential mortgage lending" means the act of arranging or providing residential mortgage loans as a form of financing, or advertising or soliciting either in print, by letter, in person, or otherwise, the right to find lenders or provide residential mortgage loans for a person. (8) "Residential mortgage loan" means residential mortgage loan as defined in subsection 12 of section 13 - 10 - 02. (9) "Residential real estate" means residential real estate as defined in subsection 13 of section 13-10-02.

NDCC 13-10-02 (12) "Residential mortgage loan" means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in section 103(v) of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed such a dwelling. (13) "Residential real estate" means any real property located in North Dakota, upon which is constructed or intended to be constructed a dwelling.

No, the broad definition of residential mortgage loan does not include commercial lending.  Please noted that commercial lending may be subject to separate licensure under NDCC 13-04.1.

The Department participates in the NMLS, as contemplated by the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ("SAFE Act").  Title V of this Act required each state to enact minimum standards regarding the supervision of mortgage entities.  The NMLS is a multi-state licensing system that allows companies and individuals to apply for and manager their licenses with each state through a secure and centralized website.  All non-bank and credit union companies licensed as residential mortgage lenders by our department are registered through the NMLS system.  You can determine whether a company or individual is a licensed residential lender in North Dakota by going to the NMLS Consumer Access portal:  http://www.nmlsconsumeraccess.org.

A list of individuals and entities exempt from residential mortgage lending licensure requirements is found under NDCC 13-12-04.

Entities or individuals seeking a residential mortgage lender license can do so by accessing the NMLS Resource Center:  https://mortgage.nationwidelicensingsystem.org/slr/Pages/DynamicLicenses.aspx?StateID=ND.  A checklist of requirements is available on that site.

North Dakota does not require a physical presence for its residential mortgage lender license.

North Dakota license fees include a $400 initial application fee and a $400 annual license fee, which is required at each subsequent renewal.  Further, there is a $50 annual fee for each branch location registered to engage in residential mortgage lending in North Dakota.  In addition, licensees will be responsible for NMLS charges, including processing fees, criminal background check fees, and credit report check fees.

All licenses issued by the Department are annual in nature and need to be renewed for each calendar year.  The renewal period begins November 1st and closes on December 31st of each year.

For concerns relating to the NLMS system, including your company and individual records, contact the NMLS Call Center at (855) 665-7123.  For specific questions relating to North Dakota licensing regulations, feel free to contact our Department.

Generally, the Department does not regulate or restrict website (URL) names or addresses.  The one exception is if the address includes the words "bank", "credit union", "trust" or any variation of those terms which could inaccurately represent or imply the website belongs to one of these entities.

No.

Yes, the correct contact information should be listed in NMLS.

At this time, there are no registration requirements for website (URL) addresses with the Secretary of State.

This is a business decision that is not regulated by the Department of Financial Institutions.

Yes, staff of a residential mortgage lender may telework with some limitations. The telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first obtaining branch licensure.  Residential mortgage lender and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically, this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets. 

No, the department’s application of the law for examination purposes is that the maximum charges are those present and calculated at the time of the execution of the credit or loan document.  Loan late or NSF charges are subsequent to the loan origination and are not included in the calculation. 

During an examination, the Department will review the fees and determine if they were necessary for the borrower to obtain credit.  If credit life insurance was required by the lender to obtain the loan, then the cost of credit life will be a cost of financing and included in the maximum loan interest rate calculation.  If the extension of credit was not contingent upon the sale of credit life, rather the credit life was a voluntary purchase by the borrower, then the fees are not included in the calculation.

During an examination, the examiners will consider NSF charges charged by the third party the check was drawn upon which are levied against the residential mortgage lender and passed on to the borrower to be a collection cost and not be included in the $20 late fee cap.

No.  During an examination, the Department will not consider subsequent loan advance fees on lines of credit to be part of the maximum interest rate calculation. 

No.  During an examination, the Department will consider the origination amount to be the maximum available draw on the line of credit.  Since the origination was for more than $50,000, the cap will not apply.

No.  During an examination, the Department will not consider these in calculating the maximum interest rate allowed under North Dakota Century Code 13-12.16.

No.  During an examination, the Department will not consider these third-party charges in calculating the maximum late fee or maximum APR allowed under North Dakota Century Code 13-12.16.