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Are national banks required to include a reference to the Nationwide Multistate Licensing System (NMLS) website and their bank’s unique identifier on advertisements, as outlined in the Residential Mortgage License Act of 1987? – IBA Compliance Connection

IBA Compliance Connection

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Are national banks required to include a reference to the Nationwide Multistate Licensing System (NMLS) website and their bank’s unique identifier on advertisements, as outlined in the Residential Mortgage License Act of 1987?

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No, national banks are not required to include a reference to the NMLS’s website and their unique identifiers on advertisements. Banks and mortgage loan originators employed by banks are exempt from the Residential Mortgage License Act, and the federal requirements for banks and registered mortgage loan originators do not require their unique identifiers to appear in advertisements.

For resources related to our guidance, please see:

  • Residential Mortgage License Act of 1987, 205 ILCS 635/3-3 (“In addition to such other rules and policies as the Secretary may adopt to effectuate the purpose of this Act, the Secretary shall adopt rules governing the advertising of mortgage loans, including without limitation, the following requirements: . . .

(b) Mortgage loan advertisements must reference the Nationwide Multistate Licensing System and Registry’s Consumer Access website, except where exempted by the Secretary.

(c) No licensee shall advertise its services in Illinois in any media, whether print or electronic, without including its unique identifier.”)

  • Residential Mortgage License Act of 1987, 205 ILCS 635/1-3(a) (“. . . No provision of this Act shall apply to an exempt person or entity as defined in items (1) and (1.5) of subsection (d) of Section 1-4 of this Act.”)
  • Residential Mortgage License Act of 1987, 205 ILCS 635/1-4(d) (“‘Exempt person or entity’ shall mean the following:

(1) . . . any national bank, federally chartered savings and loan association, federal savings bank, federal credit union; . . . any bank, savings and loan association, savings bank, or credit union organized under the laws of this or any other state; . . .

(1.5) Any employee of a person or entity mentioned in item (1) of this subsection, when acting for such person or entity, or any registered mortgage loan originator when acting for an entity described in subsection (tt) of this Section.”)

  • Regulation G, 12 CFR 1007.105(b) (“A registered mortgage loan originator shall provide his or her unique identifier to a consumer:

(1) Upon request;

(2) Before acting as a mortgage loan originator; and

(3) Through the originator’s initial written communication with a consumer, if any, whether on paper or electronically.”)

  • Final Rule, Registration of Mortgage Loan Originators, 75 Fed. Reg. 51623, 51642 (August 23, 2010) (“Furthermore, the Agencies intend . . . the rule to cover written communication from the originator specifically for his or her customers, such as a commitment letter, good faith estimate or disclosure statement, and not written materials or promotional items distributed by the Agency-regulated institution for general use by its customers. While, this provision does not require institutions to include the unique identifier on loan program descriptions, advertisements, business cards, stationary, notepads, and other similar materials, institutions are not prohibited from doing so.”)