What is the primary federal law that governs mortgage loan originators?

Study for the NMLS Hawaii Mortgage Loan Originators State Exam. Use flashcards and multiple-choice questions for effective preparation. Gain insights, hints, and explanations for each question and ensure you’re ready for success!

The Secure and Fair Enforcement for Mortgage Licensing Act, commonly known as the SAFE Act, is the primary federal law that governs mortgage loan originators. This legislation was enacted to enhance consumer protection and reduce fraud by establishing minimum standards for the licensing and registration of mortgage loan originators. Under the SAFE Act, states are required to implement a system for licensing MLOs, which includes a background check, financial responsibility assessment, and completion of pre-licensing education, followed by passing a national test.

The SAFE Act also mandates that mortgage loan originators register with the Nationwide Mortgage Licensing System and Registry (NMLS), which helps create a comprehensive database of MLOs, aiding in monitoring and regulation.

While the Fair Housing Act, Home Mortgage Disclosure Act, and Truth in Lending Act play essential roles in regulating aspects of housing and mortgage markets, they do not specifically govern the licensing and operational standards for mortgage loan originators as the SAFE Act does. The Fair Housing Act focuses on preventing discrimination in housing, the Home Mortgage Disclosure Act requires certain disclosures related to home mortgage lending practices, and the Truth in Lending Act mandates transparent disclosure of credit terms, but they do not set the licensing framework for MLOs.

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