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An unlicensed Virginia firm advertises in 2026 as a mortgage broker while closing no loans at all. Assuming no exemption applies, does holding out as a mortgage broker require a license before any loans close?

Correct Answer

B) Prohibited: holding out to the public needs a license as much as doing it

No person may engage in business as a mortgage lender or broker, or hold himself out to the general public to be one, unless first licensed under the chapter. Other choices: the holding out limb does not wait for business; naming a licensed partner does not license the firm; and no consumer response is required. Source: Va. Code § 6.2-1601(A)

Answer Options
A
Permitted where the advertising names a licensed partner firm
B
Prohibited: holding out to the public needs a license as much as doing it
C
Permitted, because no mortgage loan business has actually been transacted by the firm yet
D
Prohibited only once a consumer responds to the advertising

Why This Is the Correct Answer

No person may engage in business as a mortgage lender or broker, or hold himself out to the general public to be one, unless first licensed under the chapter. Other choices: the holding out limb does not wait for business; naming a licensed partner does not license the firm; and no consumer response is required. Source: Va. Code § 6.2-1601(A)

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