The Maryland Dual Capacity Disclosure, our Cx24966, which applies to mortgage loan originators when acting in a dual capacity as a real estate agent for the sale of a property, has been a custom document. The determination to make it a custom document was originally due to the Maryland Mortgage Loan Originator statutes. Financial Institutions Code Ann. §§ 11-601-11-624 and COMAR 09.03.09-01 through .09 do not explicitly prohibit mortgage loan originators from receiving compensation for originating a mortgage loan for the purchase of a property while also receiving compensation as a real estate agent for the sale of that property. We are now making Cx24966 generic based on the Industry Advisory Regulatory Guidance published by the Maryland Commissioner of Financial Regulation. The Maryland Commissioner of Financial Regulation has communicated that failure to provide timely information regarding dual capacity is a violation of the mortgage loan originator’s duty of good faith and fair dealing in communication and transactions with a borrower, as required under COMAR 09.03.09.04. It further states that when acting in a dual capacity, the MLO should disclose at or before the time of application;
- The MLOs NMLS Unique Identifier;
- The name and NMLS Unique Identifier of the MLO’s employing lender;
- The fact that the MLO expects to receive compensation if the mortgage loan is made by the employing lender, in addition to any compensation received for the sale of the property;
- The fact that the borrower is not required to use the MLO for origination of the mortgage loan, and may choose a different MLO and/or a different lender; and
- The fact that the MLO cannot guarantee the borrower the best available loan terms.
Based on this guidance, we have made minor updates to the language of our Maryland Dual Capacity Disclosure (Cx24966) and updated the configuration to a generic document.
The document should now print generically when:
- State Code (2279) = Maryland;
- Loan Purpose (5991) = Purchase;
- Document Package Type (18215) = Initial Disclosure; and
- Dual Capacity (Lender) (40140) = Yes.
These changes will be in effect on April 25, 2023. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.