Guide to Maintaining the Montana Mortgage Servicer License
The Montana Division of Banking and Financial Institutions (Division) is the state agency charged with regulating mortgage servicers (mortgage servicers or company). Please contact us at mortgagelicensing@mt.gov if you have any questions. We also have mortgage FAQs on our website.
The following is important information regarding your license:
Authorized Business Activities
This license authorizes the following activities…
| o First mortgage servicing | o Subordinate lien mortgage servicing |
| o Reverse mortgage servicing | o Third party subordinate lien mortgage servicing |
| o Third party first mortgage servicing |
Mortgage brokering and lending activities are not authorized by this license. The Division issues separate licenses to companies that engage in more than one business type.
License Amendments
Amendments to the company’s NMLS record, such as change of address, legal name, or addition of direct officers, should be made in a timely manner in the NMLS. The Division does not require Advance Change Notices (ACNs). For more information about amendment requirements, please view the amendment checklist. The NMLS has an instruction guide on how to made changes to a record.
Reporting Requirements
Mortgage Call Report
Mortgage servicer licensees must submit a quarterly Mortgage Call Report (MCR) through NMLS. The report must be filed within 45 days of quarter end. Failure to timely submit MCRs may result in regulatory action or fines. Read more about the MCR requirements on the NMLS website.
MCR – Financial Condition
The Standard Mortgage Call Report requires a Financial Condition (FC) component be submitted through NMLS on an annual basis, 90 days from the fiscal year end as reported on the Company (MU1) Form. Failure to timely submit MCRs may result in regulatory action or fines. Read more about the MCR requirements on the NMLS website.
Financial Statements
Within 90 days of your fiscal year end, the company must submit audited financial statements accompanied by a written statement by an independent certified public accountant attesting that the accountant has reviewed the financial statements in accordance with generally accepted accounting principles. Financial statements should include a Balance Sheet, Income Statement, and Statement of Cash Flows and all relevant notes thereto. Upload to the Financial Statement submenu section of the NMLS filing.
License Renewal
The Montana Mortgage Servicer License expires annually on December 31st, unless renewed. Licensees may renew their licenses through the NMLS between November 1st and December 31st. Licensees who do not complete renewal must cease business on January 1st. Expired licensees may request license reinstatement from January 1st through the end of February for an additional fee.
Record Keeping
Mortgage servicers must maintain their books, records, accounts, and copies of loan files for a minimum of five years pursuant to Mont. Code Annotated 32-9-121, MCA. The retention timeline on loan files is 5 years from the date of last activity on the file. ARM 2.59.1744 (Records to be maintained by mortgage servicers) clarifies what documents must be maintained in loan files and pipeline report. Additionally, mortgage servicers must also comply with ARM 2.59.1746 (Record maintenance, storage, transfer, and destruction).
Advertising
In addition to all applicable federal regulation, mortgage servicers must be aware of the advertising requirements set forth in Montana law. Mont. Code Annotated 32-9-149 (4), MCA, provides that licensees must disclose their name and NMLS unique identifier in any printed, published, e-mail, or internet advertisements. Additionally, mortgage servicers must familiarize themselves with ARM 2.59.1758 (False, Deceptive, or Misleading Advertising) and ARM 2.59.1759 (Internet or Electronic Advertising).
Schedule of Costs and Fees
Mortgage services must file with the department a current schedule of the ranges of costs and fees the mortgage servicer charges borrowers for servicing-related activities with the mortgage servicer's application. The schedule should be uploaded to the NMLS along with any subsequent amendments to this document (32-9-170(5), MCA).
Capital Requirements
Mortgage servicers are subject to capital requirements pursuant to Mont. Code Annotated 32-9-206. A mortgage servicer operating as an approved servicer by a government-sponsored enterprise shall maintain liquidity, operating reserves, and tangible net worth that meet the standards set by the government-sponsored enterprise. If approved by more than one government-sponsored enterprise, the mortgage servicer must meet the highest standard of the government-sponsored enterprises for which it is approved.
Examination
An examination is a supervisory activity conducted by a regulatory agency that reviews an institution's compliance with laws, regulations, and safety and soundness standards. Mortgage licensees who are conducting business in Montana can expect to be examined by the Division within the first two years of licensure or beginning business. The Division utilizes the State Examination System (SES) to conduct examinations. Examiners will ask for a sample of loan files, copies of advertising, financial statements, policies, and procedures.
Mortgage servicers must maintain a pipeline report of all loans being serviced. They must retain their loan files for five years from the date of the last activity pertaining to the file (32-9-121 (2), MCA).
Examples of policies that should be maintained by mortgage servicers include but are not limited to the following:
- Loss Mitigation, foreclosure, and collections
- Loan Boarding
- Disaster Recovery Plan
- Record Retention
- Red Flags/Identity Theft Prevention Program
For more information about the examination process, please see the Montana Mortgage Examination Guide.
Complaints
The Division acts as a mediator between consumers and our regulated entities. The Division uses the Complaint Portal of the SES to process complaints and communicate with the involved entity. If the Division receives a complaint filed against your company, you will need to onboard SES to utilize that platform to submit your response to the complaint.
License Surrender
To surrender a license, please complete the steps in NMLS and submit the surrender checklist.