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A lender preparing a West Virginia loan-originator transfer asks a policy analyst about licensing and NMLS authority. Which response should be followed?

Correct Answer

D) West Virginia Code section 31-17A-3 says an individual may not engage in MLO business for a dwelling in West Virginia without first obtaining and maintaining annually a license unless exempt.

West Virginia Code section 31-17A-3 says an individual may not engage in MLO business for a dwelling in West Virginia without first obtaining and maintaining annually a license unless exempt.

Answer Options
A
Assume the West Virginia requirement does not apply to this new-license application.
B
Treat licensing and NMLS authority as satisfied by borrower consent alone.
C
Delay the West Virginia requirement until after the loan closes or the renewal period ends.
D
West Virginia Code section 31-17A-3 says an individual may not engage in MLO business for a dwelling in West Virginia without first obtaining and maintaining annually a license unless exempt.

Why This Is the Correct Answer

West Virginia Code section 31-17A-3 says an individual may not engage in MLO business for a dwelling in West Virginia without first obtaining and maintaining annually a license unless exempt.

Why the Other Options Are Wrong

Option A: Assume the West Virginia requirement does not apply to this new-license application.

Assume the West Virginia requirement does not apply to this new-license application. is not correct because the governing rule requires the compliant answer shown in the explanation.

Option B: Treat licensing and NMLS authority as satisfied by borrower consent alone.

Treat licensing and NMLS authority as satisfied by borrower consent alone. is not correct because the governing rule requires the compliant answer shown in the explanation.

Option C: Delay the West Virginia requirement until after the loan closes or the renewal period ends.

Delay the West Virginia requirement until after the loan closes or the renewal period ends. is not correct because the governing rule requires the compliant answer shown in the explanation.

Memory Technique

WV -> wv-scope-definitions-exemptions-nmls

Exam Tip

West Virginia scope questions test the difference between individual MLO activity, company authority, exempt status, sponsorship, and NMLS Consumer Access.

Common Mistakes to Avoid

  • -Using generic federal mortgage facts when West Virginia state-specific rules are being tested
  • -Confusing West Virginia individual MLO licensing with company, branch, sponsor, bond, or record requirements
  • -Treating West Virginia state-law conduct, advertising, reporting, servicing, or enforcement requirements as optional
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