On December 20, 2019 the Georgia Department of Banking and Finance finalized amendments to Ga. Comp. R. & Regs. 80-11-1 to include various provisions to accommodate 12 U.S.C.A. § 5117, which generally grants licensed (or registered) loan originators temporary authority to originate loans while they operate in a State in which they are in the process of being licensed or registered (e.g., a licensed originator in Washington may originate loans in Georgia while their application for a license in Georgia is pending).
The final rules add new Supra 80-11-5-.09(2), which requires the following:
“A mortgage loan originator purporting to operate under the temporary authority requirements set forth in 12 U.S.C. § 5117 must indicate ‘TAO,’ ‘temporary authority to operate,’ or a substantially similar designation next to the signature line on any document, application, or disclosure signed by the mortgage loan originator in connection with any residential mortgage loan application, including but not limited to the negotiation of terms or the offering of a loan.”
We will be adding the tag “TAO” next to the loan officer’s signature line on our copy of the 1003 Uniform Residential Loan Application (Cx4193), when the loan is secured by subject property located in Georgia and new Field “LO Has Temporary Authority to Operate In Georgia” (FI 137246) equals “Yes”.
In the next several days, we will be adding this same signature tag to several other Loan Originator signature documents that print in Georgia. These documents will be listed in this announcement as the changes are made. Please note that we will be excluding documents in which it is likely that an officer other than the “temporarily authorized” loan originator would sign. Under Georgia law, a “mortgage loan originator” is defined as meaning (inter alia): “an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. Generally, this does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided . . .” (Ga. Code Ann. § 7-1-1000). If clients may have a “temporarily authorized” loan originator sign any custom documents, or any other documents not otherwise listed in this announcement, or if they have an officer other than the “temporarily authorized” loan originator signing, they will need to request customizations to such documents in order to have the “TAO” tag added to (or removed from) the lender’s signature line area.
This new rule takes effect on January 9, 2020. The changes to Cx4193 will be in effect immediately, and any documents that are completed in the future will be added to this announcement as the changes are made. If you have any questions or concerns about these changes, please contact Client Support at 1.800.467.3584.
We have added the tag “TAO” next to the loan officer’s signature line, as indicated above, on the following documents:
203(k) – Borrower’s Acknowledgment (Our Cx3406)
Counseling Checklist for Military Homebuyers (Our Cx3521)
Homestyle Renovation Consumer Tips (Our Cx7163)
Loan Estimate Certification (Our Cx16240)
Anti-Steering Loan Options Disclosure (Our Cx16921)
1003 Uniform Residential Loan Application Bilingual (Our Cx17663)
Homestyle Borrower’s Acknowledgment (Our Cx18450)
Customer Identification Notice (Our Cx19470)
Loan Options Certification (Our Cx20546)
Anti-Steering Loan Options Disclosure (Our Cx23220)
VA Benefit Questionnaire (Our Cx23451)