No, the requirements to use the NMLS identifier on loan documents and elsewhere do not apply to non-consumer loans. Regulation Z’s NMLS identifier requirements apply only to consumer credit transactions secured by a dwelling. Similarly, the SAFE Act’s NMLS identifier requirements apply only to originations of consumer-purpose residential mortgage loans.
However, it is possible that the secondary market investor is objecting on the basis of its own NMLS identifier requirements, which are a matter of the agreement between your institution and the investor.
For resources related to our guidance, please see:
- Regulation Z, 12 CFR 1026.36(g) (“For a consumer credit transaction secured by a dwelling, a loan originator organization must include on the loan documents described in paragraph (g)(2) of this section . . . (i) Its name and NMLSR ID . . . .”)
- SAFE Act regulations, 12 CFR 1007.102 (“Residential mortgage loan means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling . . . .”)