Texas Adopts New Provisions Regarding Denial, Suspension, or Revocation Based on Criminal History for Residential Mortgage Loan Originators

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Texas has adopted provisions that specify the criminal history information collected by the Office of Consumer Credit Commissioner (OCCC) and outline factors the OCCC will consider when reviewing criminal history information. The provisions also describe grounds for denial, suspension, and revocation of a residential mortgage loan originator (RMLO) license.

The provisions provide that after an applicant discloses all criminal history information required to complete an application and submits it to the NMLS, the OCCC will investigate the applicant by obtaining criminal history record information. In addition, the provisions permit the OCCC to deny a license application or suspend or revoke a license if the applicant or licensee has been convicted of an offense that relates to financial responsibility, character, or general fitness to hold a RMLO license (e.g., fraud, misrepresentation, deception, or forgery), or based on any other ground authorized by statute. A license will be revoked on the licensee’s imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.

The provisions became effective on September 10, 2015.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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