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A company buys servicing rights on 2,400 California residential mortgage loans and originates none of them. Assuming it has no applicable exemption or alternative authorization, is servicing-only activity within CRMLA licensing requirements?

Correct Answer

A) It still needs a CRMLA license: servicing is licensed as well as lending

The CRMLA licenses making or servicing residential mortgage loans, so a pure servicer is within it and carries the same tangible net worth floor. Other choices: not originating does not take a servicer outside the Act; the Financing Law is a different statute for different activity; and the duty does not wait on a foreclosure. Source: Cal. Fin. Code § 50002

Answer Options
A
It still needs a CRMLA license: servicing is licensed as well as lending
B
It needs a license only once it forecloses on 1 of the loans serviced
C
It needs a CFL license instead, servicing being outside the CRMLA
D
It needs no license at all, because it is not making loans to any consumer

Why This Is the Correct Answer

The CRMLA licenses making or servicing residential mortgage loans, so a pure servicer is within it and carries the same tangible net worth floor. Other choices: not originating does not take a servicer outside the Act; the Financing Law is a different statute for different activity; and the duty does not wait on a foreclosure. Source: Cal. Fin. Code § 50002

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