9 Hours of 2023 Utah MLO Continuing Education

​​​​​​​The Utah Division of Real Estate (DRE) require those who hold a Utah mortgage license to complete a one-hour course on Utah mortgage laws and regulations as a requirement for annual license renewal. This online course covers the required topics as defined by the DRE for 2023 license renewal through the NMLS.

This one-hour course will cover the topics outlined by the DRE. We'll start with updates to the Utah Residential Mortgage Practices and Licensing Act that were added in 2022. Next, we'll cover several topics recommended by the Division. Finally, we'll review cases of licensee violations that resulted in orders or fines by the DRE.

(Note that last year the course was two hours long. This year, the DRE required the course to be one-hour long.)

Topics and Learning Objectives

This course consists of three modules and a final exam:

1. RMPLA Rule Changes Made During 2022 Legislative Session (5 minutes)

2. Mortgage Commission Suggested Topics (20 minutes)

3. Mortgage Licensing and Disciplinary Actions Taken in 2022 (25 minutes)

4. Final exam (10 minutes)

Total study time: 1 clock hour

Module 1: RMPLA Rule Changes Made During 2022 Legislative Session

This module will summarize the changes to the Utah Residential Mortgage Practices and Licensing Act that were made during the 2022 Utah Legislative Session as described through Utah House Bill 69.

After completing this module, you will be able to:

• Explain why the Utah Department of Real Estate (DRE) may only collect the application fee in processing a license application

• Describe why the phrase "good moral character" was eliminated from the Utah Code

• Identify the new rules relating to reapplying for a license after one's license was revoked

Module 2: Mortgage Commission Suggested Topics

This module will review various topics and matters deemed vital for proper residential mortgage loan origination by the Utah Division of Real Estate (DRE).

After completing this module, you will be able to:

• Explain post-dating documents, and why this practice is prohibited

• Describe the essential characteristics of hard-money lending

• Differentiate between various Utah licensing roles, like mortgage loan processors and lending managers

• Identify who must be licensed in the Utah mortgage business

Module 3: Mortgage Licensing and Disciplinary Actions Taken in 2022

All Utah licensees are expected to comply with and adhere to every established rule and procedure. Failure to do so can and will result in sanctions that include but are not limited to fines, license suspension, license revocation, and, in particularly egregious circumstances, criminal prosecution. Although the Utah DRE lacks the authority to effectuate criminal actions, it can (and frequently does) refer matters to the Utah State Attorney General’s office for criminal prosecution.

Educating licensees about compliance is, of course, crucial. Describing disciplinary actions incurred by licensees and others who failed to act compliantly reinforces and promotes appropriate behavior by deterring others from replicating those transgressions and incurring similar consequences.

Before delving into specific case examples of Utah licensee disciplinary actions, it’s important to clarify that the extent of any sanctions imposed is typically based on whether the criminal or non-compliant conduct was self-reported by the licensee, discovered through a criminal background check, or discovered through an independent audit or investigation.

After completing this module, you will be able to:

• Describe various real-world examples of illegal mortgage lending activity

• Understand how Utah laws apply to real-life situations in the lending industry

• Determine the legality of various activities involved in mortgage lending activity

NMLS ID Required

You must have an NMLS ID to receive credit for this course. You will need this number before you begin the course.

If you already have an NMLS ID but don't remember what it is:

• Login into NMLS

• Click on the Composite View tab.

• Click View Individual on the sub-header row.

• The number that appears in parentheses after your name is your NMLS ID number.

If you do not have an NMLS ID and need to obtain one, use the instructions available in the NMLS Resource Center:

https://mortgage.nationwidelicensingsystem.org/licensees/resources/LicenseeResources/Create-an-Individual-Account-Quick-Guide.pdf

​​​​​​​This course will instruct mortgage loan originators on a number of regulations that they will have to comply with while taking part in their mortgage loan origination activities. Rules, such as those implemented by the Dodd-Frank Wall Street Reform and Consumer Protection Act, are set in place to protect the interest and well-being of consumers who apply for mortgages to purchase or refinance their properties. To ensure that their business practices satisfy the regulations adopted by federal laws, mortgage loan originators need to keep current on the guidelines published by entities such as the Consumer Financial Protection Bureau (CFPB).

Topics and Learning Objectives

This course consists of four sections and a final exam

1. Top 10 Federal Topics for 2023

2. Ethical Treatment of Consumers

3. The VA Home Loan Program

4. Fair Housing in Today's Market

5. Final exam

Total study time: 8 credit hours (6 hours, 40 minutes)

Module 1: Top 10 Federal Topics for 2023

Study Time: 3 clock hours (150 minutes of federal law)

Fair lending along with compliance to the law, established rules, and implemented regulations is everyone’s responsibility. When compliance failures occur, everyone, including the customer, loses.

The topics outlined in this module are mandated by the NMLS and state regulators, covering the more egregious regulatory compliance failures recently discovered through various regulatory examinations, investigations, and audits.

Module 2: Ethical Treatment of Consumers

Study Time: 2 clock hours (100 minutes of ethics, fraud, and consumer protection)

The ethical treatment of consumers and ethical practices in mortgage lending are a high focus of regulators and consumer advocacy groups. This module will cover ethics, including identity theft prevention, fraud prevention, and consumer protection requirements.

Module 3: The VA Home Loan Program

Study Time: 2 clock hours (100 minutes of non-traditional mortgage)

The objective of the Veterans Administration (VA) mortgage loan program is to provide long-term financing to eligible American military veterans and their surviving spouses, helping veterans purchase properties with no down payment. The program allows eligible veterans to buy, build, repair, retain, or adapt a home for personal occupancy as well as refinance an existing mortgage loan.

Module 4: Fair Housing in Today's Market

Study Time: 1 clock hour (50 minutes of elective topics)

All mortgage lenders and originators, and all others involved in mortgage lending, are subject to state and federal fair lending laws. To remain in compliance, everyone in the lending industry should fully understand these laws.

In this module, we will cover fair housing laws designed to protect consumers, your company, and yourself from discriminatory lending practices. Specifically, we are going to explore relevant provisions of fair housing and take a look at a few issues found in fair housing Law.

NMLS ID Required

You must have an NMLS ID to receive credit for this course. You will need this number before you begin the course.

If you already have an NMLS ID but don't remember what it is:

• Login into NMLS
• Click on the Composite View tab.
• Click View Individual on the sub-header row.
• The number that appears in parentheses after your name is your NMLS ID number.

If you do not have an NMLS ID and need to obtain one, use the instructions available in the NMLS Resource Center