Chapter 58 — Minnesota Residential Mortgage Originator and Servicer Licensing Act
Minnesota Statutes Chapter 58 — Minnesota Residential Mortgage Originator and Servicer Licensing Act
58.01
Citation
This section gives the official short name for this chapter of law. It is called the 'Minnesota Residential Mortgage …
58.02
Definitions
This section defines important terms used throughout the mortgage licensing law. It explains what words like 'borrower,' …
58.03
Classes of License
This section establishes different classes of licenses for people and businesses in the mortgage industry. It sets up …
58.04
Licensing Requirement
This section requires anyone who originates or services residential mortgage loans in Minnesota to hold the proper …
58.05
Exemptions From License
This section lists who does not need a mortgage originator or servicer license. Exemptions include certain banks, credit …
58.06
Application Requirements for Residential Mortgage Originators and Servicers
This section describes what you need to submit when applying for a mortgage originator or servicer license. Applications …
58.07
This section has been repealed and is no longer part of the law. It was removed in 1999 when the legislature updated the …
58.08
Bonds; Letters of Credit
This section requires mortgage originators and servicers to maintain a surety bond or letter of credit as a condition of …
58.09
Term of License
Licenses for residential mortgage originators and servicers in Minnesota expire on December 31 of each year. They can be …
58.10
Fees
This section sets the fees that mortgage originators and servicers must pay for license applications, renewals, and …
58.11
License Renewal
This section describes the process for renewing a mortgage originator or servicer license. Renewal applications must be …
58.115
Examinations
The commissioner of commerce has the power to examine and audit licensed mortgage originators and servicers. The …
58.12
Denial, Suspension, Revocation of Licenses
The commissioner of commerce can deny, suspend, or revoke a mortgage originator or servicer license for various reasons. …
58.125
Prohibition on Service as a Residential Mortgage Originator
Certain people are banned from working as residential mortgage originators. This includes anyone who has been convicted …
58.126
This section has been repealed and is no longer part of the law. It was removed in 2010 when the legislature updated the …
58.13
Standards of Conduct
This section sets rules for how licensed mortgage originators and servicers must behave. They must act honestly and in …
58.135
This section has been repealed and is no longer part of the law. It was removed in 2001 when the legislature updated the …
58.136
Rates and Charges
Mortgage originators making home loans to Minnesota borrowers must follow all state limits on interest rates, discount …
58.137
Interest, Points, Finance Charges, Fees, and Other Charges
This section regulates the interest, points, finance charges, fees, and other costs that mortgage originators can charge …
58.14
Record Keeping and Notification Requirements
Licensed mortgage originators and servicers must keep detailed records of their business activities and notify the …
58.141
Reports and Unique Identifier
Licensed mortgage originators and servicers must file regular reports called mortgage call reports with the …
58.15
Disclosure Requirements for Certain Residential Mortgage Originators
Certain mortgage originators must provide specific written disclosures to borrowers. These disclosures tell borrowers …
58.16
Residential Mortgage Originators; Standards of Conduct for Agency or Advance Fee Transactions
This section sets additional standards for mortgage originators who act as agents for borrowers or who collect advance …
58.161
Mortgage Broker Duties of Agency
When a mortgage broker agrees to act as a borrower's agent, the broker owes the borrower a duty of loyalty and good …
58.162
Transaction Agents or Servicers; Disclosure of Note Owner Information to Mortgagor
If you have a mortgage, you have the right to know who actually owns your loan. When you make a written request, the …
58.17
Scope of Chapter
This section defines the scope of the mortgage licensing law. It clarifies that the chapter applies to residential …
58.18
Private Right of Action
Borrowers who are harmed by violations of this chapter can sue the mortgage originator or servicer for damages. This …
58.19
Reverse Mortgage Loans Coordination With Chapter 47
Anyone who originates or services residential mortgages, whether licensed under this chapter or exempt, must follow the …
58.20
Definitions
This section defines terms used in the mortgage servicer oversight provisions added later in the chapter. It includes …
58.21
Applicability; Exclusions
This section explains which mortgage servicers must comply with the enhanced servicing rules in sections 58.20 through …
58.22
Financial Condition
Mortgage servicers subject to this part of the chapter must maintain adequate financial resources. They must meet …
58.23
Corporate Governance
Certain mortgage servicers must have a board of directors and follow corporate governance standards. The board must …