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A North Carolina servicer sells its servicing rights in 2026 to an unlicensed buyer. What licensing or exemption condition must the buyer satisfy before the transfer?

Correct Answer

B) Not permitted unless the buyer is licensed or exempt from the Act

A person shall not transfer servicing rights or obligations to a person unless that person holds a mortgage servicing license or is a person exempt from the Act. Other choices: the rule binds the transferor as well as the transferee; a pending application is not a license; and subservicing does not cure the transfer. Source: 04 NCAC 03M .0701

Answer Options
A
Permitted where the seller continues to subservice the loans
B
Not permitted unless the buyer is licensed or exempt from the Act
C
Permitted where the buyer applies for a license within 30 days
D
Permitted, because the transfer of servicing rights is a sale of a contractual asset between two businesses and the licensing requirement binds the party servicing loans

Why This Is the Correct Answer

A person shall not transfer servicing rights or obligations to a person unless that person holds a mortgage servicing license or is a person exempt from the Act. Other choices: the rule binds the transferor as well as the transferee; a pending application is not a license; and subservicing does not cure the transfer. Source: 04 NCAC 03M .0701

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