S.A.F.E. ACT Implementation

Important Update

The initial period for federal registration of residential mortgage loan originators has begun, and will run from January 31, 2011 through July 29, 2011. The OCC, along with the Federal Deposit Insurance Corporation, Board of Governors of the Federal Reserve System, Office of Thrift Supervision, National Credit Union Administration, and Farm Credit Administration officially announced this registration period on January 31, 2011. See the press release: Agencies Announce Start of Initial Registration Period Under S.A.F.E. Act's Mortgage Loan Originator Provisions.  To register, and to obtain more information about the registration process, visit the Registry Web site.

What's New

• Comments sought. CSBS is inviting comment on proposed fees for the Federal Registry.  Comments on the proposed fees for the Federal Registry are due November 12, 2010.
• Information on Filings and Batch Uploads. The Registry has posted the following information on Registry Accounts, Registry Accounts, Filings, and Batch Uploads.
• Two-Factor Authentication. The Registry has posted the following information on Two-Factor Authentication.

Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (S.A.F.E. Act) Implementation

The S.A.F.E. Act establishes federal registration requirements for any individual who acts as a residential mortgage loan originator (MLO) and is employed by a financial institution, and certain subsidiaries, regulated by:

• Board of Governors of the Federal Reserve System (Federal Reserve);
• Office of the Comptroller of the Currency (OCC);
• Federal Deposit Insurance Corporation (FDIC);
• Office of Thrift Supervision (OTS);
• National Credit Union Administration (NCUA); and
• Farm Credit Administration (FCA).

In July 2010, these federal agencies issued jointly developed final rules that require MLOs to register with the Nationwide Mortgage and Licensing System and Registry (Registry) as required by the S.A.F.E. Act. The OCC's rule, which amends 12 CFR Part 34, applies to national banks, federal branches and agencies of foreign banks, and their operating subsidiaries. The other federal agencies have issued identical rules for their regulated institutions.  Registrations must be completed through the Registry, using its Web-based system.

The Registry has completed its system modifications and enhancements required to make the existing system capable of accepting federal registrations, and the initial registration period began on January 31, 2011. OCC-regulated institutions and their MLO employees have 180 days from this date (July 29, 2011) to comply with the initial registration requirements of the final rule. MLOs may continue to originate mortgage loans even if not registered until the end of this 180-day period. The Registry will provide agency-regulated institutions and their MLOs assistance with the registration process, including access to its national call center.

Contacts

• E-mail: SafeActSystem@occ.treas.gov
• Phone: Legislative and Regulatory Activities Divisions, 202-874-5090

Related Links

• OCC Bulletin 2010-33 -- S.A.F.E. Act Mortgage Loan Originator Registration Requirements (August 26, 2010)
• Press Release: Agencies issue final rules to implement requirements for registration of mortgage loan originator (July 28, 2010)
• Final Rule (July 28, 2010)
• Final Rule Supplementary Information Footnote Correction by Federal Register (August 23, 2010)
• Nationwide Mortgage and Licensing System and Registry
• FFIEC S.A.F.E Act Web site