Table of Mortgage Broker (and Originator) Bond Laws by State Current as of July 1, 2010
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1 Alabama Ala. Code Bond only required where licensee does not submit evidence of net worth. Loan originators may be covered by Alaska 25,000 Alaska Stat Arizona $10,000-$15,000 Ariz. Rev. Stat The $10,000 amount applies where all investors in the broker activity are "institutional"--banks, savings and loans, credit unions, federal agencies, real estate brokers, profit sharing trusts, pension trusts, and insurance companies. The $15,000 amount applies where at least one investor doesn't fall into any of the aforementioned categories. One bond covers all employees of a mortgage broker firm. Arkansas At least $100,000 Ark. Code Ann The bond amount is to be set on an annual basis, based on previous year's activity. Bond applies per licensee; each office of a given firm must have its own license. By the terms of the statute, consumer claims have priority to other bond claims. California $25,000-$100,000 West's Ann. Cal. Fin. Code 22112; West's Ann. Cal. Fin. Code Mortgage loan originators employed by a mortgage lender licensed under the Residential Mortgage Act must be covered by the lender's surety bond, which is set at $50,000, although the state may increase it to $100,000 should the lender fail to comply with rules and regulations. Those employed by a mortgage lender licensed under the California Finance Lenders Law must be covered by the lender's surety bond in a minimum amount of $25,000, although the state may increase the bond amount on the basis of the amount of loans originated. Colorado $25,000-$200,000 Colo. Rev. Stat Colorado mortgage loan originators must have a $25,000 bond or be employed by a bonded lender with a bond between $100,000 and $200,000. 1
2 Connecticut 40,000 Conn. Gen. Stat. 36a-492 Each mortgage loan originator must be covered by the bond issued on behalf of the lender or broker for whom such originator works. Effective July 31, 2010, the bond amount shall be set at an amount that reflects the dollar amount of the loans originated. Delaware Del. Code Ann., tit. 5, 2415 Mortgage loan originators who are employees or exclusive agents of a licensee may be covered by the licensee's bond. District of Columbia D.C. Code Florida None Georgia $50,000-$150,000 Ga. Code Ann ; Ga. Admin. Code Mortgage loan orginators employed by mortgage brokers or mortgage lenders may be covered by their Hawaii As of July 1, 2010, Hawaii abolished its bond requirements. The state will hereon rely solely on a newly created recovery fund. Idaho As of 2009, Idaho abolished its bond requirements. The state will hereon rely solely on a newly created recovery fund. Illinois 205 Ill. Comp. Stat. 635/3-1 The state has proposed regulations, authorized by 205 ILCS 635/3-1, that would require those who employ loan originators to post a bond of between $25,000 to $150,000, depending on loan volume. The regulations have not yet been adopted. Indiana $50,000-$75,000 Ind. Code Bond amount set according to loan volume. Bond must cover all employees of broker. Iowa 100,000 Iowa Code 535B.9 Bond amount initially set at $100,000, until state determines Kansas Kan. Stat. Ann proper bond amount in light of broker's loan volume. Originators are covered by the bond of the licensee for which they work. 2
3 Kentucky Ky. Rev. Stat ; Ky. Rev. Stat ; Ky Rev. Stat Originators may be covered by the bond of the licensee for which they work. Louisiana $25,000-$50,000 La. Rev. Stat. Ann. 6:1088 Bond amount set according to loan volume. Employees may be covered by Maine Maine Rev. Stat. Ann. tit. 9-A, Effective July 31, Originators may be covered by Maryland $50,000-$1,000,000 Md. Code Ann., Fin Inst ; Maryland mortgage loan originators must be covered by the surety bond required of the lender/broker/financial institution with which they are affiliated. Bond amount varies in accordance with size of that affiliate. Massachusetts Mass. Gen. Laws ch. 255F, 12 Originators employed by lenders may be covered by Michigan $10,000-$50,000 Mich. Comp. Laws Ann Originators employed by lenders may be covered by Bond amount varies in accordance with loan volume. Minnesota $100,000-$200,000 Minn. Stat. Ann Bond is issued on behalf of corporate entity originator, covering all employees. Bond amount varies in accordance with loan volume. Mississippi 25,000 Miss. Code Ann Originators employed by lenders may be covered by Missouri Mo. Ann. Stat Bond must have a penal sum of at least $50,000 and no more than $1,000,000. Montana $25, ,000 Mont. Code Ann Montana mortgage loan originators are covered by the bonds of the broker or lender for whom they work. Brokers with a net worth of $250,000 or greater, as computed in accordance with Montana regulations, may be exempted from the bonding requirement upon application to the Montana Division of Banking and Financial Institutions. Nebraska $100,000-$200,000 Neb. Rev. Stat Originators employed by bankers must be covered by employer's bond; bond amount to the left represents the required bond amount for Nebraska mortgage bankers, which is set according to loan volume. 3
4 Nevada $50,000-$75,000 Nev. Rev. Stat. 645B.042, et seq. Mortgage broker and all of its agents must be listed as principals on bond. Bond amount is $50,000 for the main office and $25,000 for a branch office, capped at $75,000 total. New Hampshire New Jersey N.H. Rev. Stat. Ann., 397-A:5 N.J. Stat. Ann. 17:11C-13; N.J. Admin. Code 3:15-3., et seq. Mortgage loan originators must be covered by bonds issued on behalf of mortgage bankers and mortgage brokers that employ them. Originators employed by lenders may be covered by By regulation, the state allocates consumer claims pro rata should all claims outstrip the penal sum. New Mexico $50,000-$150,000 N.M. Stat. Ann Originators are covered by the bond issued on behalf of the mortgage loan company that employs them. Bond amount varies in accordance with loan volume. New York $10,000-$100,000 N.Y. Comp. Codes R. & Regs. tit. 3, Bond amount varies in accordance with number of mortgage applications taken. North Carolina $75,000-$250,000 N.C. Gen. Stat Bond amount varies in accordance with loan volume. North Dakota 25,000 N.D. Cent. Code Ann Ohio $50,000 to $150,000 Ohio Rev. Code Ann Ohio mortgage loan originators must be covered by the bond issued on behalf of an employer that is required to register with the Ohio Dept. of Commerce. An exempt licensee may choose to cover its originators, but is not required to do so. Oklahoma Oregon None Oregon mortgage lenders must obtain coverage for the originators they employ. Ore. Rev. Stat. 86A.106 Pennsylvania $100,000-$500,000 7 Pa. Cons. Stat Pennsylvania mortgage licensees must obtain coverage for the originators they employ. The bond amount is set according to loan volume. Rhode Island 20,000 R.I. Gen. Laws South Carolina $25,000-$55,000 S.C. Code Ann The bond amount is set according to loan volume. South Dakota S.D. Codifed Laws Originators employed by licensees may be covered by 4
5 Tennessee $50,000-$200,000 Tenn. Code Ann , All loan originators must be sponsored by the lender or broker by whom they are employed. Lenders must file with the state a bond in the amount of $200,000. Brokers must file with the state a bond in the amount of $50,000. Texas Brokers are covered by a recovery fund rather than a bond requirement. Utah Utah Code Ann. 70D Vermont $25,000-$150,000 Vt. Stat. Ann. tit. 8, 2203 Originators employed by lenders or brokers may be covered by Bond amount is set according to loan volume. Virginia Washington Va. Code Ann ; Va. Code Ann Wash. Rev. Code Ann West Virginia $100,000-$250,000 W. Va. Code Wisconsin 120,000 Wis. Stat. Ann Wyoming Wyo. Stat. Ann Loan originators employed or exclusively engaged by a mortgage company must be covered by such licensee s bond, which must be at least $25,000, and can be increased by the state. Domestic corporations with sufficient net worth may be exempted from bond requirement. Otherwise, minimum of $30,000, with upward variances based on loan volume. Bond amount set according to loan volume. Originators employed by licensees may be covered by Bond amount set according to loan volume. 5
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