Uniform State Test (UST) · 11% of the SAFE examhard
Correct answer: State B can take action against the MLO for unlicensed activity within State B, including suspension of licensing privileges and referral to other regulators
Each state has independent jurisdiction over mortgage origination activity that occurs within its borders. An MLO who originates loans for borrowers in State B without holding a State B license is engaged in unlicensed activity in State B, and State B's regulator has full authority to investigate and take enforcement action — including barring that MLO from obtaining a State B license, assessing penalties, and referring the matter to other state or federal regulators. There is no federal reciprocity provision in the SAFE Act that allows a single state license to satisfy multi-state origination requirements (except for federally registered bank employees under a separate federal track). Dual-state action is not prohibited. The NMLS has no independent enforcement power.
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