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What is the Oklahoma Mortgage Lender License Bond?

The Oklahoma Mortgage Lender License Bond is a type of surety bond required by the Oklahoma Department of Consumer Credit for individuals or companies seeking to obtain a mortgage lender license in the state. This bond serves as a form of financial guarantee that the licensed mortgage lender will comply with all state laws and regulations governing mortgage lending activities.

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Why is it Important?

The primary purpose of the Oklahoma Mortgage Lender License Bond is to protect consumers and the state from financial harm caused by unethical or illegal practices by mortgage lenders. By requiring mortgage lenders to obtain this bond, the state ensures that lenders are financially accountable for their actions and have the means to compensate consumers for any damages incurred due to non-compliance with state laws.

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How Does it Work?

When a mortgage lender applies for a license in Oklahoma, they must also obtain a Mortgage Lender License Bond from a surety bond company. The bond functions as a contract between three parties: the mortgage lender (known as the principal), the state of Oklahoma (known as the obligee), and the surety bond company (known as the surety).

If the mortgage lender violates any terms of their license or engages in unlawful activities, a consumer can file a claim against the bond. If the claim is found to be valid, the surety bond company will compensate the consumer up to the full amount of the bond. However, the mortgage lender is ultimately responsible for repaying the surety bond company for any claims paid out, along with any additional fees or penalties.

How Much Does it Cost?

The cost of the Oklahoma Mortgage Lender License Bond varies depending on several factors, including the creditworthiness and financial stability of the mortgage lender. Typically, mortgage lenders with good credit scores and a solid financial history can expect to pay a lower premium for their bond, while those with lower credit scores or financial issues may pay a higher premium.

In Oklahoma, the required bond amount for mortgage lenders is determined by the total loan volume originated in the previous calendar year. As of [current date], the minimum bond amount is $25,000, and the maximum bond amount is $150,000. Mortgage lenders should consult with a surety bond company to determine the exact cost of their bond based on their individual circumstances.

How to Obtain an Oklahoma Mortgage Lender License Bond?

To obtain an Oklahoma Mortgage Lender License Bond, mortgage lenders must first apply for a mortgage lender license through the Oklahoma Department of Consumer Credit. Once their license application is approved, they can then purchase a bond from a licensed surety bond company.

When applying for a bond, mortgage lenders will need to provide certain information and documentation, including their personal and business financial records, credit history, and details about their mortgage lending activities. The surety bond company will evaluate this information to determine the mortgage lender's risk level and calculate the cost of their bond accordingly.

Conclusion

The Oklahoma Mortgage Lender License Bond plays a crucial role in regulating the mortgage lending industry in the state. By requiring mortgage lenders to obtain this bond, the state aims to protect consumers from financial harm and ensure that mortgage lenders adhere to all applicable laws and regulations.

While obtaining a Mortgage Lender License Bond may seem like an additional cost and administrative burden for mortgage lenders, it ultimately benefits both lenders and consumers by fostering a more transparent and trustworthy mortgage lending environment. Mortgage lenders should carefully consider their obligations under the bond and work with a reputable surety bond company to fulfill their licensing requirements and operate legally and ethically in Oklahoma's mortgage market.

Frequently Asked Questions

Can a Mortgage Lender Transfer Their License Bond to Another Surety Bond Company?

Yes, it is possible for a mortgage lender to transfer their Oklahoma Mortgage Lender License Bond from one surety bond company to another. This process is known as bond replacement or bond transfer. There are various reasons why a mortgage lender might choose to transfer their bond, such as seeking better rates, improved customer service, or a more favorable bond term.

To transfer a bond, the mortgage lender must follow the specific procedures outlined by both the current surety bond company and the Oklahoma Department of Consumer Credit. This typically involves submitting a formal request to the current surety bond company, completing any necessary paperwork, and obtaining approval from the Oklahoma Department of Consumer Credit. Once approved, the mortgage lender can then purchase a new bond from the desired surety bond company and cancel the existing bond.

It's essential for mortgage lenders to carefully review the terms of their current bond agreement and understand any fees or penalties associated with transferring the bond before initiating the process.

Does the Oklahoma Mortgage Lender License Bond Cover All Types of Mortgage Lending Activities?

While the Oklahoma Mortgage Lender License Bond provides financial protection for consumers in connection with mortgage lending activities, it's essential to understand that it may not cover all types of mortgage-related services. The bond specifically applies to mortgage lenders who originate, service, or make loans secured by residential real property located in Oklahoma.

However, certain activities, such as mortgage brokering or loan servicing without originating loans, may require different types of bonds or licensing requirements. Mortgage brokers, for example, typically need a separate surety bond known as a Mortgage Broker Bond, which serves a similar purpose but applies specifically to brokers rather than lenders.

It's crucial for mortgage lenders to carefully review the scope of their bond coverage and ensure that they comply with all applicable licensing and bonding requirements for their specific business activities.

Can a Mortgage Lender Reduce Their Bond Amount if Their Loan Volume Decreases?

Yes, mortgage lenders in Oklahoma have the option to reduce their bond amount if their loan volume decreases. The bond amount required for Oklahoma Mortgage Lender License Bond is determined based on the total loan volume originated in the previous calendar year. If a mortgage lender's loan volume decreases significantly, they may be eligible to reduce their bond amount accordingly.

To request a reduction in bond amount, mortgage lenders must typically submit documentation to the Oklahoma Department of Consumer Credit demonstrating their reduced loan volume and financial stability. This documentation may include financial statements, loan volume reports, and other relevant information.

It's important for mortgage lenders to notify the Oklahoma Department of Consumer Credit promptly if they believe they are eligible for a bond reduction to avoid overpaying for their bond coverage. Additionally, mortgage lenders should be aware that any changes to their bond amount may impact their licensing status and obligations under state law.

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