California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 3 — Real Estate RegulationsArticle 2.1 — Secure and Fair Enforcement for Mortgage LicensesSection 10166.03

(a) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator shall not be required to obtain a license endorsement as a mortgage loan originator.

(b) An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator.

(c) An independent contractor who is employed by a mortgage loan originator may not engage in the activities of a loan processor or underwriter for a residential mortgage loan unless the independent contractor loan processor or underwriter obtains and maintains an endorsement as a mortgage loan originator under this article. Each independent contractor loan processor or underwriter who obtains and maintains an endorsement as a mortgage loan originator under this article shall have and maintain a valid unique identifier issued by the Nationwide Multistate Licensing System and Registry.

Notes

Exempts a loan processor or underwriter from a mortgage loan originator endorsement when the individual does not represent that they can perform mortgage loan originator activities, and prohibits such representations by individuals engaged in processing or underwriting. An independent contractor employed by a mortgage loan originator must maintain that endorsement and a valid Nationwide Multistate Licensing System unique identifier.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 10166.03 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-3/article-2-1/section-10166-03

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