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A Florida loan originator is offered part-time work with a second mortgage lender at weekends, alongside her existing full-time role. What does Chapter 494 permit?

Correct Answer

C) Neither; an originator may not be employed by, or contract with, more than one broker or lender

Section 494.00331(1) requires a loan originator to be an employee of, or independent contractor for, a mortgage broker or mortgage lender, and forbids being employed by or contracting with more than one, or either simultaneously. Recasting the second role as a contract does not get around it. Source: Fla. Stat. § 494.00331(1)

Answer Options
A
Both roles, provided each employer knows about the other and the arrangement is filed through NMLS
B
Both roles, provided the second is structured as an independent contract rather than employment
C
Neither; an originator may not be employed by, or contract with, more than one broker or lender
D
Both roles for up to ninety days, after which the originator must give up one of the two positions

Why This Is the Correct Answer

Section 494.00331(1) requires a loan originator to be an employee of, or independent contractor for, a mortgage broker or mortgage lender, and forbids being employed by or contracting with more than one, or either simultaneously. Recasting the second role as a contract does not get around it. Source: Fla. Stat. § 494.00331(1)

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