N.Y. Banking Law 599-J – Continuing education for mortgage loan originators
§ 599-j. Continuing education for mortgage loan originators. 1. Continuing education requirements. In order to meet the annual continuing education requirements referred to in section five hundred ninety-nine-i of this article, a licensed mortgage loan originator shall complete, beginning in the year after such individual is licensed, at least eleven hours of education approved in accordance with subdivision two of this section, which shall include at least:
Terms Used In N.Y. Banking Law 599-J
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Individual: means a natural person. See N.Y. Banking Law 599-B
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgage Loan Originator: means an individual who for compensation or gain or in the expectation of compensation or gain:
(i) takes a residential mortgage loan application; or
(ii) offers or negotiates terms of a residential mortgage loan. See N.Y. Banking Law 599-B - Nontraditional mortgage product: means , for purposes of this article, any mortgage product other than a thirty-year fixed rate mortgage. See N.Y. Banking Law 599-B
- Person: means an individual or any corporation, company, limited liability company, partnership, association or other entity. See N.Y. Banking Law 599-B
- Venue: The geographical location in which a case is tried.
(a) Three hours of Federal law and regulations;
(b) Two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues;
(c) Two hours of training related to lending standards for the nontraditional mortgage product marketplace; and
(d) Three hours of training on applicable New York State law and regulations.
2. Approved education courses. For purposes of subdivision one of this section, continuing education courses shall be reviewed and approved by the NMLSR based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider.
3. Employer and affiliate education courses. Nothing in this section shall preclude any education course approved by the NMLSR that is provided by the employer of the mortgage loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of such employer or entity.
4. Venue of education. Continuing education may be offered either in a classroom, online or by any other means approved by the NMLSR.
5. Calculation of credits. A licensed mortgage loan originator:
(a) Except for subdivision nine of this section, may receive credit for a continuing education course only in the calendar year in which the course is taken; and
(b) May not take the same approved course in the same or successive years to meet the annual requirements for continuing education.
6. Instructor credit. A licensed mortgage loan originator who is an instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours credit for every one hour taught.
7. Reciprocity of education. A person having successfully completed the education requirements approved by the NMLSR pursuant to paragraphs (a), (b), and (c) of subdivision one of this section for any state shall be accepted as credit towards completion of continuing education requirements in this state.
8. Lapse in license. A licensed mortgage loan originator who subsequently becomes unlicensed must complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license.
9. Make up of continuing education. An individual meeting the requirements of paragraphs (a) and (c) of subdivision one of section five hundred ninety-nine-i of this article may make up any deficiency in continuing education as established by rule or regulation of the superintendent.