Each application for a license or license renewal as a mortgage loan company shall be filed in writing with the director, shall meet requirements established by the director and shall contain the following:
A. the applicant's name, the name of designated qualified managers, the New Mexico mortgage loan originator license number and national mortgage licensing system unique identifier number of each designated qualified manager and the name and location of every mortgage loan company office, divisional office or branch office that will be supervised by that qualified manager;
B. the name of the applicant and of each of the applicant's affiliates, engaged in the business of a mortgage loan company, and the name under which the applicant will conduct business in New Mexico, together with the articles of incorporation or articles of partnership;
C. the location of the applicant's principal office and of each branch office doing business in New Mexico;
D. the name, residence and business address of each person having an interest in the business as principal, partner, officer, trustee, director, manager or affiliate, specifying the capacity and title of each;
E. a financial statement of the applicant verified by a principal of the applicant;
F. the length of time the applicant has been engaged in the mortgage business in New Mexico and other jurisdictions;
G. disclosure of any action or proceeding, civil or criminal, judicial or administrative, completed or in progress, against the applicant or a principal, partner, director, officer, trustee, manager, employee or affiliate of the applicant;
H. the license fee; and
I. such other information and documentation as the director may require.
History: Laws 1983, ch. 86, § 4; 1985, ch. 73, § 2; 2001, ch. 251, § 3; 2001, ch. 264, § 3; 2009, ch. 122, § 28.
ANNOTATIONSThe 2009 amendment, effective July 31, 2009, in the first paragraph, changed "registration" to "license"; after "mortgage loan company", deleted "or loan broker"; after "director, shall", deleted "be verified" and added "meet requirements established by the director"; added Subsection A; in Subsection B, after "business of", deleted "a loan broker or"; in Subsection C, after "branch office"; added "doing business"; in Subsection D, after "manager", added "or affiliate"; in Subsection F, after "engaged in", added "the mortgage" and after "business in", added "New Mexico and"; in Subsection G, after "applicant or a", added "principal, partner" and after "officer", added "trustee, manager," and in Subsection H, changed "registration" to "license".
Severability. — Laws 2009, ch. 122, § 60 provided that if any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.
The 2001 amendment, effective July 1, 2001, rewrote Subsection D, which formerly read "a certified financial statement of the applicant and if the applicant is a corporation, the statement must be prepared by an independent certified public accountant or registered public accountant".