6102 - Definitions.
§ 6102. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Advance fee." Any funds requested by or to be paid to a person in advance of or during the processing of a mortgage loan application, excluding those fees paid by a consumer directly to a credit agency reporting bureau, title company or real estate appraiser. "Applicant." A person who applies for a license under this chapter. "Banking institution." Any of the following: (1) A State-chartered bank, bank and trust company, savings bank or private bank. (2) A national bank. (3) A federally chartered or State-chartered savings association. (4) A subsidiary of any of the entities listed under this definition. "Billing cycle." In respect to open-end mortgage loans, the time interval between periodic billing dates. A billing cycle shall be considered to be a monthly cycle if the closing date of the cycle is the same date each month or does not vary by more than four days from that date. "Branch." An office or other place of business, other than the principal place of business, where a person engages in the mortgage loan business subject to this chapter. "Clerical or support duties." Any of the following: (1) The receipt, collection, distribution and analysis of information common for the processing or underwriting of a mortgage loan. (2) Communicating with a consumer to obtain the information necessary for the processing or underwriting of a mortgage loan, to the extent that the communication does not include: (i) offering or negotiating mortgage loan rates or terms; or (ii) counseling consumers about mortgage loan rates or terms. "Consumer discount company." A licensee under the act of April 8, 1937 (P.L.262, No.66), known as the Consumer Discount Company Act. "Department." The Department of Banking of the Commonwealth. "Dwelling." As defined in section 103(v) of the Truth in Lending Act (Public Law 90-321, 15 U.S.C. § 1602(v)). "Federal banking agency." Any of the following: (1) The Board of Governors of the Federal Reserve System. (2) The Office of the Comptroller of the Currency. (3) The Office of Thrift Supervision. (4) The National Credit Union Administration. (5) The Federal Deposit Insurance Corporation. "Finder's fee." Any payment of money or other consideration for the referral of a mortgage loan to a licensee, except for consideration paid for goods or facilities actually furnished or services actually performed. "First mortgage loan." A loan which is: (1) made primarily for personal, family or household use; and (2) secured by any first lien mortgage, deed of trust or equivalent consensual security interest on a dwelling or on residential real estate. "First mortgage loan business." The mortgage loan business as applied to first mortgage loans. "Immediate family." A parent, spouse, child, brother or sister. "Licensee." A person who is licensed under this chapter. "Loan processor or underwriter." An individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing under this chapter. "Lock-in agreement." An agreement between a mortgage lender and a consumer whereby the mortgage lender guarantees, until a specified date, the availability of a specified rate of interest or specified formula by which the rate of interest and a specific number of discount points will be determined, if the mortgage loan is approved and closed by the specified date. If a specified date is not determinable, the mortgage lender may fulfill the requirement of this definition by setting forth with specificity the method by which the duration of the lock-in period will be determined. "Mortgage broker." A person who engages in the mortgage loan business by directly or indirectly negotiating or placing mortgage loans for others in the primary market for consideration. "Mortgage lender." A person who engages in the mortgage loan business by directly or indirectly originating and closing mortgage loans with its own funds in the primary market for consideration. "Mortgage loan." A first or secondary mortgage loan, or both, as the context may require. "Mortgage loan business." The business of advertising, causing to be advertised, soliciting, negotiating or arranging in the ordinary course of business or offering to make or making mortgage loans. "Mortgage loan correspondent." A person who engages in the mortgage loan business by directly or indirectly originating and closing mortgage loans in his or her own name utilizing funds provided by a wholesale table funder or other funding sources under the circumstances described under section 6123(6) (relating to mortgage loan business prohibitions) and simultaneously assigning the mortgage loans to the wholesale table funder. "Mortgage originator." (1) An individual who takes a mortgage loan application or offers or negotiates terms of a mortgage loan for compensation or gain. (2) The term does not include any of the following: (i) An individual engaged solely as a loan processor or underwriter consistent with section 6112(8) (relating to exceptions to license requirements). (ii) A person or entity solely involved in extensions of credit relating to timeshare plans. As used in this paragraph, the term "timeshare plan" has the meaning given in 11 U.S.C. § 101(53D) (relating to definitions). (3) Except as set forth in paragraph (4), the term does not include an employee of a licensee or person exempt or excepted from licensure under this chapter who solely renegotiates terms for existing mortgage loans held or serviced by that licensee or person and who does not otherwise act as a mortgage originator. (4) The exclusion under paragraph (3) shall not apply if the United States Department of Housing and Urban Development or a court of competent jurisdiction determines that the S.A.F.E. Mortgage Licensing Act of 2008 (110 Stat. 289, 12 U.S.C. § 5101 et seq.) requires such an employee to be licensed as a mortgage originator under state laws implementing the S.A.F.E. Mortgage Licensing Act of 2008. This paragraph is subject to section 6154 (relating to procedure for determination of noncompliance with Federal law). "Nationwide Mortgage Licensing System and Registry." The licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators. "Net worth." Assets less liabilities and assets unacceptable to the United States Department of Housing and Urban Development for purposes of complying with 24 CFR § 202.5(n) (relating to general approval standards) or 202.8(b)(1) (relating to loan correspondent lenders and mortgagees), as applicable. "Nontraditional mortgage loan." A mortgage loan other than a 30-year fixed rate mortgage loan. "Open-end loan." A mortgage loan made by a mortgage lender under this chapter pursuant to an agreement between the mortgage lender and the consumer whereby all of the following apply: (1) The mortgage lender may permit the consumer to obtain advances of money from the licensee from time to time or the mortgage lender may advance money on behalf of the consumer from time to time as directed by the consumer. (2) The amount of each advance, interest and permitted charges and costs are debited to the consumer's account and payments and other credits are credited to the same account. (3) Interest is computed on the unpaid principal balance or balances of the account outstanding from time to time. (4) The consumer has the privilege of paying the account in full at any time or, if the account is not in default, in monthly installments of fixed or determinable amounts as provided in the open-end loan agreement. "Person." An individual, association, joint venture or joint-stock company, partnership, limited partnership, limited partnership association, limited liability company, business corporation, nonprofit corporation or any other group of individuals, however organized. "Primary market." The market wherein mortgage loans are originated between a lender and a consumer. "Principal place of business." The primary office of a person which is staffed on a full-time basis and at which the person's books, records, accounts and documents are maintained. "Registered mortgage loan originator." An individual who complies with all of the following paragraphs: (1) Meets the definition of mortgage originator and is an employee of: (i) a banking institution or federally chartered or State-chartered credit union; (ii) a subsidiary owned and controlled by a federally chartered or State-chartered credit union and supervised by a Federal banking agency; or (iii) an institution regulated by the Farm Credit Administration. (2) Is registered with and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry. "Residential real estate." Real property upon which is constructed or intended to be constructed a dwelling. "Secondary mortgage loan." A loan which is: (1) made primarily for personal, family or household use; and (2) secured by any secondary lien mortgage, deed of trust or equivalent consensual security interest on a dwelling or on residential real estate. "Secondary mortgage loan business." The mortgage loan business as applied to secondary mortgage loans. "Service mortgage loan." A collecting or remitting payment for another, or the right to collect or remit payments for another, of principal, interest, tax, insurance or other payment under a mortgage loan. "Tangible net worth." (Deleted by amendment). "Unique identifier." A number or other identifier assigned by the Nationwide Mortgage Licensing System and Registry. "Wholesale table funder." A licensed mortgage lender or person exempt under section 6112(1) or (7) (relating to exceptions to license requirements) who, in the regular course of business, provides the funding for the closing of mortgage loans through mortgage loan correspondents and who by assignment obtains title to the mortgage loans. (Aug. 5, 2009, P.L.117, No.31, eff. imd.) 2009 Amendment. Act 31 amended the defs. of "branch," "finder's fee" or "referral fee," "first mortgage loan," "mortgage originator," "principal place of business" and "secondary mortgage loan," added the defs. of "clerical or support duties," "dwelling," "Federal banking agency," "immediate family," "loan processor or underwriter," "Nationwide Mortgage Licensing System and Registry," "net worth," "nontraditional mortgage loan," "registered mortgage loan originator," "residential real estate," "service mortgage loan" and "unique identifier" and deleted the def. of "tangible net worth." Cross References. Section 6102 is referred to in section 6154 of this title.