This year has produced some major legislation affecting real estate and mortgage lending practices in the State of Michigan.  Earlier in the summer, I wrote about a New Disclosure Law which went into effect on July 1, 2008 for Real Estate Brokers. 

financial bull's eyeThis real estate disclosure provides a clear definition of the contract for services in hiring a real estate broker.  The New disclosure also requires that a Minimum Service Brokerage indicate which services they are/are not providing and reveal these limits to potential clients.  Thus hopefully clearing some of the confusion surrounding WHAT real estate brokers actually are DOING to provide VALUE to the real estate transaction.

Within the next 6 months, another far reaching piece of Legislation, Public Act 60, will also go into effect.  This impacts the lending industry.  The legislation has been in process for some time and predates the current lending crisis. 

Public Act 60 will require that loan originators in Michigan be registered with the State of Michigan.  A continuing education requirement has been added which includes 24 hours of Pre-licensing education and 6 hours of yearly Continuing Education Credit on a yearly basis. 

Michigan now joins a list of 26 other state which require loan originators to be licensed.  The Act does not cover banks but only applies to mortgage brokers.  There are on going challenges still being resolved with the implementation of Public Act 60 which will be enforced starting January of 2009.  Perhaps some of the most significant questions are: 

1.  What the Registration Process will cost

2.  What the educational coursework will contain although broad perimeters have been established

One of the most  important aspects of the Act, in my opinion is the requirement for criminal background checks for all loan officers.  Readers of my blog may remember a post I wrote last year in which an individual interviewed for a job as an agent in my office.  He was a convicted felon and yet was processing loans.  The rub was that his conviction was for...fraud and financial theft. 

In an article for the Ann Arbor Business Review, Carol Marshall offers a comprehensive analysis of the impact of the new law in addition to some of the cautions in regarding it as a solution to ALL the problems the industry faces.  One lender is quoted as saying that just because someone can pass a test and a criminal background check does not mean that they are a good person or an ethical lender. 

Well, that's the truth.  We've had licensing requirements for agents and brokers for many years in Michigan and there are still bad apples in the lot.  However, the process needs to start somewhere.  It makes no sense to me that hair dresser and barbers in the State of Michigan still have educational requirements much more stringent than those required for real estate professionals and mortgage lenders.

Copyright 2008  Audu Real Estate All Rights Reserved

 
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24 Comments on Lender Licensing...New Changes in the Michigan Mortgage Lending Landscape!

None of the licensing and CE requirements for real estate agents / broker or loan originators is any where near as tough as for appraisers, at least in Maryland. 

Maryland appraisers must complete 150 hours of classroom training and 2000 hours of supervised appraisal work. 

Certified appraisers must complete 2000 hours of classroom training and 2500 hours of appraisal work. 

That's training.

07/23/2008 10:30 AM by Lenn Harley, Homefinders.com, MD & VA Real Estate


You know Lenn, I'm not sure what the appraisal CE requirements are in Michigan, but I know they require much more time than what is necessary for Brokers and Agents.  I've always been struck by how absurd it was that approximately 1500 hours was required for a barber or hairdresser in Michigan and agents needed only 6 hours per year in addition to the initial 40 hours for pre-licensure. 

07/23/2008 10:35 AM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


Lola, this more openness and licensing with Realtors and Mortgage lenders can only be good for the consumer and the industry long term. I think it is great that Michigan is on board with this.

07/23/2008 12:30 PM by Gary Woltal - REALTORĀ® Dallas Ft. Worth (Keller Williams Realty)


Lola,

Your last sentence which is also true in Pennsylvania speaks volumes:

"It makes no sense to me that hair dresser and barbers in the State of Michigan still have educational requirements much more stringent than those required for real estate professionals and mortgage lenders."

Thanks,   Fran

07/23/2008 01:50 PM by Fran 'The Title Man' Gaspari Title Insurance-PA & NJ (Patriot Land Transfer, Inc.)


Lola - I think this is a good move and will be applauded by the public, being more accountable will be a good thing.

07/23/2008 06:52 PM by Jennifer Fivelsdal, Rhinebeck NY (Keller Williams Realty)


Lola Massachusetts and Rhode Island start to require that Loan Officers be licensed in there State this year and Connecticut is also about to follow.  I believe that this will be a change for the better.

07/23/2008 09:31 PM by George Souto (McCue Mortgage Co.)


Michigan appraisers must complete 28 hours of continuing education every 2 years which is the renewal cycle ending on July 31 of each year.  I don't know how it breaks down but one would assume about half the appraisers re-license each year.  7 hours of the continuing education must be USPAP class with an additional 2 hours of Michigan law.  Renewal fee is $350.  Beginning in January, 2008, minimum requirements for each appraisal level increased drastically with Certified General requiring a four-year degree or its equivalent.  This is to permit me to place a value on the collateral of a loan.

Why then, could a person with, hopefully, a high school degree, but no further formal training and licensing or regulation, be allowed to guide borrowers through generally the largest financial transaction of their lives and have access to all their personal information from Soc. # to credit card and bank account numbers? 

Good information and long overdue legislation!  The tougher, the better and, although many ethical and caring mortgage bankers will grumble at new requirements, it will strengthen the industry and weed out some of the bad apples.  It should however, go across the board and include banks and credit unions and any other mortgage loan source since the bad apples seem to find the cracks to sneak through.

07/23/2008 09:33 PM by Richard Glesser (North Country Appraisal Services)


I have been following this with some interest. I have for a long time thought lenders need to be more responsible. I hope at some point they will take the approval process more seriously and not just hand out pre-approval letters with out doing their jobs.

07/23/2008 10:22 PM by Terry Westbrook ~ Realtor(R) Grand Rapids Mi Ada/Cascade Real Estate (Five Star Real Estate, LLC Grand Rapids , MI)


Richard, appreciate hearing from a Michigan appraiser.   One question...is the Certified General the qualification level which enables an appraiser to determine collateral value on ALL loans including government backed loans such as FHA and VA?

I too was curious as to why the legislation did not include banks.  The nightly news cycle continues to unfold new evidence that regulation in the banking industry is also perhaps in need of an overhaul. Perhaps someone from the banking industry in Michigan will provide some enlightenment.

07/24/2008 10:35 AM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


George...very interesting to see the changes occuring nationwide.  I wonder what the Continuing Education requirements will be?  My suspicion is that the industry that emerges in the aftermath of this turmoil will be substantially different than what we have today.  Education on an ongoing basis is critically important for all professionals.

07/24/2008 10:38 AM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


Terry, thanks for stopping by to read and comment.  I would agree that overall this is a good thing. The 'fake' pre-approval letter is something that has frusterated real estate brokers for a long time.  I'm not sure this will cure that issue...

07/24/2008 10:40 AM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


I work for a bank and I have had about 120 hours of training so far and i have only been with this company since March. Training is a given. Veterans or new LO's are all treated the same with training. Keeps us up to date in an every changing market.

NJ we are licensed Mortgage Solicitors with no formal training, but the cost of the license.

07/24/2008 10:50 AM by Nancy Larson (M & T Bank)


Lola, I did not know you could be a loan officer with a criminal back round.  I used to be a sales person for a temp agency.  We supplied temp to hire to many local banks.  These candidates had to have a back round check and a credit report pulled on them.  If you had bad credit you could not apply for the job.  Their thought process was if you were hurting for cash, maybe a bank is not a good place to work, too much of a temptation. 

I also think we realtors should have more training then we do to become a realtor.  I have often said you should have to work under a sponsor for a year before going it on your own.  That used to be the way many years ago in N. Carolina where I lived.

Luckly Keller Williams where I work has established a year training program, and I think Greenridge has one too.  But some places don't.

07/25/2008 11:57 AM by Michelle Gordon (Keller Williams Realty, Independently owned and operated)


Certified General allows valuation of all properties within competency meaning commercial, indusrtial, developments, and all properties over $1 million.  FHA has their own approval process which has been watered down substantially over the past several years and VA has an approval process and maintains its own fee panel of appraisers to whom they rotate the work and oversee.

07/25/2008 01:18 PM by Richard Glesser (North Country Appraisal Services)


Hi Lola - You say ..."It makes no sense to me that hair dresser and barbers in the State of Michigan still have educational requirements much more stringent than those required for real estate professionals and mortgage lenders." I must agree! I heard there was a shortage of ZooKeepers in California during the mortgage refi boom because they all became loan originators!

This information will be appreciated by many! Great, timely post!

07/25/2008 09:32 PM by Mary Bigelow, Renewing Your Life! (Ma's Marketing)


Lola this is a great start.  we definitely need more regulations for lenders.  It will only help the consumer, Realtor and the legitimate loan officer

07/25/2008 10:04 PM by Jeff Thornton ABR CRB CRS CSP e-Pro GRI


Nancy,

I commend you and your bank.  It appears that they have taken a professional approach to the lending process.  Unfortunately, I believe you probably work for a leader in this area which is a result of their professional approach.  I have long felt education betters any industry and have embraced the elevated education requirements placed on appraisers.  Unfortunately in my opinion and observation, too many banks do not pay well enough to allow the best to remain since they prefer to reward the best employees with VP titles and minuscule pay increases.

07/26/2008 07:54 AM by Richard Glesser (North Country Appraisal Services)


Nancy, thanks for weighing in with your comment.  I have a question.  Is your bank a norm in New Jersey?  If it is, that is great.  My concern about Michigan is that I don't know if that could be said of all banks loan orginators in our state.

07/26/2008 07:21 PM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


Michelle, appreciate your comment.  What was so startling about this potential 'agent' was that he was currently working with a broker.  I was astounded.  I don't know if his employer checked his background.  What is clear that prior to this new law, it wasn't required.

07/26/2008 07:25 PM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


Mary, Thanks for your comment.  Are you sure about the zoo keepers in California story??? :)

Jeff, Appreciate your comment.

07/26/2008 07:29 PM by Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker


Hi Lola! Not sure if it was true but the account exec's always got a good laugh out of the audience!

08/01/2008 06:46 PM by Mary Bigelow, Renewing Your Life! (Ma's Marketing)


I agree that mortgage lenders should have licensing.  Whether it's best with government or a private organization, that's up for debate.  I believe many of the problems with mortgages and brokers in the past has been that basically anyone off the street was starting a mortgage company and many of them skirted requirements and laws because they didn't know and just didn't think it was a big deal.

Education is key for the industry.  My mortgage broker has been licensed with other ogranizations for awhile.

Jared

08/14/2008 02:43 PM by Jared Pomranky ~ Detroit Investment Properties (Urban Detroit Wholesalers)


You are absolutely correct, Working for an upstanding mortgage broker I know we look forward to the changes as it will weed out some of the bad seeds locally, giving us that much more opportunity to shine.  We will gladly step up for any additional training and or licensing without complaint.  Thank you for sharing this information.  

Tracy

08/15/2008 02:20 PM by Tracy Austhof-Workman (Firstmark Financial Group)


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Real Estate Brokerage: Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker
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Lola Audu~ Audu Real Estate~ Grand Rapids, MI Broker

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