Article 7. Salespersons

Article 7. Salespersons somebody

2752. Notice of Change of Responsible Broker.

2752. Notice of Change of Responsible Broker. somebody

2752. Notice of Change of Responsible Broker.
(a) Whenever a real estate salesperson or real estate broker is retained by a responsible broker, the responsible broker
shall notify the Commissioner of that fact within five days. This notification shall be given on a form prepared by the
Department and shall be signed by the responsible broker and the salesperson or broker retained to act as a salesperson.
The form of notification shall provide for the furnishing of at least the following information:
(1) Name and business address of the responsible broker.



(2) Mailing address of the salesperson or broker acting as a salesperson, if different from the responsible broker's
business address.
(3) Date when the salesperson or broker acting as a salesperson entered a written retention agreement with the
responsible broker.

(4) Certification by the salesperson that he or she has complied with the provisions of Section 10161.8(d) of the
Business and Professions Code.
(5) When a salesperson is entering a retention agreement, the name and business address of the real estate broker to
whom the salesperson was last licensed and the date of termination of that relationship.
(6) When a salesperson is entering a retention agreement, certification by the salesperson that the predecessor
responsible broker has notice of the termination of the prior relationship.
As an acceptable alternative to (5) and (6) above, the form may be utilized by the predecessor responsible broker to give
notice of the termination of the broker/salesperson contract relationship as required by Section 10161.8(b) of the
Business and Professions Code if this notice is mailed to the Commissioner not more than ten days following such
termination.
(b) A responsible broker that is involved in a contract to retain another broker to act in the capacity of a salesperson
must give notice of the termination of that broker/broker contract relationship as required by Section 10161.8(b) of the
Business and Professions Code by mailing such notice to the Commissioner not more than ten days following such
termination.
Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10161.8, Business and
Professions Code.

2756. Salesperson Performance of Mortgage Loan Origination.

2756. Salesperson Performance of Mortgage Loan Origination. somebody

2756. Salesperson Performance of Mortgage Loan Origination.
A salesperson must obtain and be maintaining a mortgage loan originator license endorsement and be retained by a
licensed real estate broker who has obtained and is maintaining a mortgage loan originator license endorsement to
perform acts for which a mortgage loan originator license endorsement is required.

Article 7.5. Mortgage Loan Originator License Endorsement

2758.1. Examination.

2758.1. Examination. somebody

2758.1. Examination.
(a) The examination to qualify for a mortgage loan originator license endorsement shall be administered through the
federal Nationwide Mortgage Licensing System and Registry and will consist of a national component and California
state component. No portion of the examination is applicable, or a condition precedent, to the application required to
obtain a real estate license in California.

(b) A person taking the examination to qualify for a mortgage loan originator license endorsement shall abide by the
rules, policies, and procedures set forth by the Nationwide Mortgage Licensing System and Registry.

2758.2. Fingerprints.

2758.2. Fingerprints. somebody

2758.2. Fingerprints.
In order to apply for a mortgage loan originator license endorsement, an applicant must submit his or her fingerprints
to the Nationwide Mortgage Licensing System and Registry. The submission of fingerprints shall be in addition to the
fingerprint submission requirement to obtain a California real estate license.

2758.3. Evidence of Financial Responsibility.

2758.3. Evidence of Financial Responsibility. somebody

2758.3. Evidence of Financial Responsibility.
The Commissioner's finding required by Section 10166.05(c) of the Business and Professions Code relates to any matter,
personal or professional, that may impact upon an applicant's propensity to operate honestly, fairly, and efficiently when
engaging in the fiduciary role of a mortgage loan originator.

In order to apply for a mortgage loan originator license endorsement, an applicant shall authorize the Nationwide
Mortgage Licensing System and Registry (NMLSR) to obtain the applicant's current credit report. The credit report will
be used as needed to validate the applicant's responses to the NMLSR's electronic application form, in order to support
the Commissioner's finding required by Section 10166.05(c) of the Business and Professions Code.
(a) The applicant may be precluded from obtaining a mortgage loan originator license endorsement where his or her
personal history includes:
(1) any liens or judgments for fraud, misrepresentation, dishonest dealing, and/or mishandling of trust funds, or



(2) other liens, judgments, or financial or professional conditions that indicate a pattern of dishonesty on the part of
the applicant.
(b) Notwithstanding the requirements above, where an applicant for a mortgage loan originator license endorsement (1)
is currently holding a restricted real estate license, or (2) has a right to a restricted license and is making a dual
application for the restricted license and mortgage loan originator license endorsement, such applicant must
demonstrate, where pertinent, the completion of restitution to any person who has suffered monetary losses through acts
or omissions of the applicant that include, but are not limited to, those that substantially related to the qualifications,
functions or duties of a real estate licensee as defined in Section 2910 of these regulations, and/or the discharge of, or
bona fide efforts toward discharging, adjudicated debts or monetary obligations to others.

2758.4. Fees.

2758.4. Fees. somebody

2758.4. Fees.
The fee to obtain and maintain a mortgage loan originator license endorsement shall consist of a processing fee charged
by the Nationwide Mortgage Licensing System and Registry and an annual license endorsement fee charged by the
Bureau. The annual license endorsement fee is $300. Fees submitted to obtain a license endorsement are deemed earned
upon receipt.
A licensee who applies for a mortgage loan originator license endorsement during 2010 shall pay a fee of $300, which
will be for the licensee's 2011 license endorsement. A licensee who makes his or her original application for a license
endorsement in 2011 or later shall pay a fee of $300 for the year in which the licensee applies, except that a license
endorsement application approved after October 31 of a given year will be valid until December 31 of the following
year.
A licensee who holds a mortgage loan originator license endorsement may apply to renew the license endorsement in
November and December for the following calendar year. The license endorsement renewal application is entered via
the Nationwide Mortgage Licensing System and Registry, and the license endorsement fee for the renewal shall be paid
to the Nationwide Mortgage Licensing System and Registry during the November/December processing period.

2758.5. Application, Electronic Signature, and License Changes.

2758.5. Application, Electronic Signature, and License Changes. somebody

2758.5. Application, Electronic Signature, and License Changes.
(a) An application to obtain a mortgage loan originator license endorsement or to change licensing information on an
existing mortgage loan originator license endorsement must be filed using the procedures and electronic system
maintained by the Nationwide Mortgage Licensing System and Registry. An applicant shall sign and attest to the
information provided in the application through the electronic signature function of the system.

(b) A real estate licensee who has been issued a license endorsement is required to maintain the same current license
information on file with the Department and with the Nationwide Mortgage Licensing System and Registry, including
licensee name, licensee main office and mailing address. License information regarding a licensee's fictitious business
names and branch office locations that are used for mortgage loan origination activities must also be provided
contemporaneously by the licensee to both the Department and Nationwide Mortgage Licensing System and Registry.
(c) Where a licensed real estate salesperson acts as a mortgage loan originator and holds a mortgage loan originator
license endorsement, notice of retention or retention change for that salesperson that is required to be submitted to the
Department under the provisions of the Real Estate Law and the Regulations of the Commissioner must also be filed
electronically using the Nationwide Mortgage Licensing System and Registry.
(d) Brokers who retain broker associates to conduct mortgage loan originator activities must provide employment
sponsorship information to the Nationwide Mortgage Licensing System and Registry within five (5) days of the
commencement of employment. Termination of a broker/broker associate retention relationship must be reported to the
Nationwide Mortgage Licensing System and Registry within five (5) days of the termination.

2758.6. Corporate Real Estate Brokers, Officers, Directors, and Shareholders.

2758.6. Corporate Real Estate Brokers, Officers, Directors, and Shareholders. somebody

2758.6. Corporate Real Estate Brokers, Officers, Directors, and Shareholders.
The designated officer of a corporation who applies for or has been issued a mortgage loan originator license
endorsement on behalf of the corporation is responsible for maintaining and updating, as needed, on the Nationwide
Mortgage Licensing System and Registry, background information for the following individuals associated with the
corporation:
(a) directors,
(b) officers,

(c) subordinate officers with the responsibility for forming policy of the corporation,



(d) all natural persons owning or controlling ten percent or more of the corporation's shares.
These directors, officers, subordinate officers, and owners/controlling persons are required by these regulations to
provide personal information and background information as requested by the Nationwide Mortgage Licensing System
and Registry. A broker officer who conducts mortgage loan originator activities on behalf of a corporate real estate
licensee must hold an individual mortgage loan originator license endorsement.

2758.7. Renewal and Continuing Education.

2758.7. Renewal and Continuing Education. somebody

2758.7. Renewal and Continuing Education.
(a) After January 1, 2011, the term for a mortgage loan originator license endorsement shall expire on December 31 of
the year for which the license endorsement is issued, except that license endorsement applications approved after
October 31 of a given year will be valid until December 31 of the following year.
(b) The renewal requirements for a mortgage loan originator license endorsement, including a renewal request and
evidence of completion of required continuing education courses that have been completed in the same calendar year,
must be filed and all applicable fees paid between November 1 and December 31 through the Nationwide Mortgage
Licensing System and Registry.

(c) A licensee who fails to file the necessary requirements to renew a mortgage loan originator license endorsement by
December 31 may request reinstatement of the expired license endorsement by filing the appropriate renewal and other
applicable minimum application requirements before March 1 of the following year. Notwithstanding Section
10166.10(f) of the Business and Professions Code, continuing education completed between January 1 and March 1,
while a license endorsement is expired and for the purpose of meeting the requirements to reinstate the expired license
endorsement, will be credited to, and only be credited to, the renewal period of the previous year. If the renewal
requirements are not filed by March 1, the licensee must apply for a new mortgage loan originator license endorsement
and meet the requirements for a license endorsement at that time.
Article 8. Examinations