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Almost A Third Of Loan Officers Taking Federally Mandated License Tests Are Failing To Meet The Grade

By
Services for Real Estate Pros with TheHousingGuru.com

man with shirt openAccording to an article in the New York Times, almost a third of loan officers taking federally mandated license tests are failing to meet the grade. Consumer confidence in the lending industry, still struggling to regain its footing following the collapse of the housing market, continues to waiver. Many have placed much of the blame for the housing crisis squarely at the feet of unregulated, unqualified, or dishonest lenders; and whether or not the criticisms are fair or accurate seems insignificant to the millions who have suffered foreclosure or lost value as a result the disaster.

 

The exam, a requirement of the Housing and Economic Recovery Act of 2008 and known as S.A.F.E., The Secure and Fair Enforcement for Mortgage Licensing Act, establishes minimum standards for mortgage training and continuing education. Separate from the requirements and testing procedures of each state, the test requires a passing grade of 75%.

 

Following the release of the test results, the National Association of Mortgage Brokers was quick to point out that the fail rate of its members was much less than the national average. Encouraging, perhaps, but not necessarily sufficient to regain the public’s trust.

 

While there are obviously many qualified, honest, and ethical lenders, it would seem that the industry has experienced a loss of confidence similar to that experienced by real estate, and has a public relations challenge if it expects to rebuild its image. Perhaps the lending industry should take a more proactive approach and provide evidence of self-policing and training of its membership. With only 20 hours of pre-licensing education required, 3 of which deal with ethics and consumer protection issues, some have suggested that the industry itself should demand more stringent measures.

 

Additionally, the test isn’t required for those who work for conventional banks, who are regulated by the states in which they operate. As the government works out the kinks in this new testing and regulating system, only time will tell whether or not consumers will benefit or just be burdened by an expanding bureaucracy.

 

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Beverly of Bev & Bob Meaux
Keller Williams Suburban Realty - West Orange, NJ
Where Buying & Selling Works

This is scary all around. Unfortunately, people need the banks and loan officers so they will deal with it because they have no choice. It's not the same with real estate agents. So whether we like it or not, we have more to prove than they.

Jan 03, 2010 10:04 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I have taken a lot of professional exams in my life, real estate, claims adjuster, PI, and have passed all of the state license test I have taken on the first try.  What I have found is what the exams test on has very little to do with the actual job I will do.  At this time if you were to ask me the esoteric details of the different Civil Rights acts I would probably get them all jumbled together.  However, I know not to discriminate and was taught that by my parents.  These results do not concern me.  It is probably a government test that makes about as much sense as any other government thing.

Jan 03, 2010 10:27 AM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

John,

Tom didn't answer my question, so I'll ask you again, where did you get your information that the test isn't required for those who work for conventional banks, who are regulated by the states in which they operate? All MLO who receive compensation must be licensed individually and pass federal and state license exams.

The excerpt I provided came directly from HUD's website, so since you posted the article and the information, shouldn't you be responsible for your posts?

Jan 03, 2010 11:34 AM
Gary Pike
Better Homes and Gardens Real Estate Metro Brokers - Powder Springs, GA

Not all that shocked about this.  Three years ago I had several loan officers from different firms with years of experience leave the business because they were feed up with what was going on and the incompetence of their colleagues.  One told me he didn't like what he saw coming and would need to put food on his table.  Smart man. 

Jan 03, 2010 01:23 PM
Jim Hale
ACTIONAGENTS.NET - Eugene, OR
Eugene Oregon's Best Home Search Website

 

Actually, much of the problem was the result of actions by loan officers.  But it was their supervisors on up through the big banks and then on up through AIG that were the real enablers of the boom/bust. The banks should definitely be included in the testing.  And the top of this food chain needs to be tightly regulated.

Jan 03, 2010 08:49 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

John & Janis - There is much more info on the web. Since I'm not in the lending industry I'm not familiar with what may be available in CA.

Bev & Bob - Don't know what will be the eventual result, but I hope it's positive.

Gene - I think you've accurately described the system in place.

Kimo - I received my information directly from the Times article, "Employees of conventional banks like Bank of America and JPMorgan Chase need only register with the National Mortgage Licensing System, which is administered by the state banking supervisors." And I found corroborating information on the web. You certainly are welcome to your opinion, but I agree with the above statement.

Jan 03, 2010 10:47 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Gary - It's the same in any business. Unfortunately, unscrupulous or unqualified loan officers have the potential to create havoc in the lives of those they serve.

Jim - Yes, the executives and managers set the tone for their business.

Jan 03, 2010 11:29 PM
Shelly Fisher
Lake Burton Club Realty-Clayton Ga - Clayton, GA
Property Specialist - Lake Burton Club, Rabun County

I don't know,  in my latest  business with a mortgage lender it was a total lack of training.

They did not know how to handle an FHA loan at all.  And because of this the buyers spent over $800 dollars on appraisals and FHA inspections then to find out , over 80 days later, that they wanted them to have a co-signer.  The deal fell through with the buyers upset and never wanting to try and buy again and my sellers have no confidence in banking or buyers. Bad deal all around.

Jan 04, 2010 12:00 AM
Steve Cole
Your Home Team Advisors, LLC; 770-649-0060 - Atlanta, GA

I believe and have always believed every buyer should be represented by an Attorney that has experience in residential real estate.  This will provide the consumer with the best protection against this type and other types of problems.

Jan 04, 2010 01:45 AM
Dana Devine
Charles Rutenberg Realty - Apollo Beach, FL

If the loan officer is so stupid and cant pass a "mimimun standard" test with a test grade of 75% ... good...let them go sell used  cars

 

The exam, a requirement of the Housing and Economic Recovery Act of 2008 and known as S.A.F.E., The Secure and Fair Enforcement for Mortgage Licensing Act, establishes minimum standards for mortgage training and continuing education. Separate from the requirements and testing procedures of each state, the test requires a passing grade of 75%.

Jan 04, 2010 02:18 AM
Jon Sigler
Coldwell Banker Realty - South Windsor, CT
Sigler Sold Another! 860-306-8029

John,

Do we really want 100% of LO's taking the test to pass?  If they did would the test truly achive its goal of making sure all LO's have a required base of information?  The released 70% pass number lacks detail and now we have all the various groups saying "we pass better", "this group can't add 2+2", "30% failure by LO's is the whole reason we are in this whole financial mess we are in", etc.

How many people pass the drivers test on their first time?  What about Actuaries?  Under a 50% pass various tests. Series 7 Exam, pass ratio is 65-70%.  A 70% pass ratio seems okay on the surface based on the lack of detail on the results.

I'd love to see more detail on the results, both from the pass and failure side of the fence.  The education requirement and testing for loan officers is a move in the right direction. I hope that it will apply equally across the board to all loan officers no matter whom they work for soon.

 

Jan 04, 2010 02:42 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Shelly - Sounds as if the LO might have been one on the "failed" group.

Steve - In many cases that would certainly help.

Dana - I suspect some "assumed" they would have no problem and didn't bother to study; however, if you're in the industry, it's probably information with which you should already be familiar.

Jon - You provide some good points; but I would add that those already in the industry should have been more familiar with the info. But, as you point out, we don't have sufficient facts to do an in-depth analysis.

Jan 04, 2010 03:24 AM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

Tom, I called NMLS @240-386-4444 and spoke with Katy about MLO's who work for banks that are federally insured or regulated about being exempted from eligibility requirements or taking exams. She explained that the metrics hasn't been finalized so at this time no requirement is neccessary, HOWEVER, every MLO who receives compensation SHALL eventually be licensed regardless of who they work for, which is good for the industry.

Jan 05, 2010 04:21 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Kimo - The Times article upon which I based my post deals with the rules in effect today. While I'm sure the rules will be modified over time, the future potential changes are in flux, and we can only speculate what those changes may involve. You're own statement says it perfectly, " . . . at this time no requirement is neccessary."

Thanks for your contributions to the discussion.

Jan 05, 2010 06:41 AM
Tom Branch
RE/MAX Dallas Suburbs - Plano, TX
Broker, CDPE, SFR, ACRE, Plano TX Ambassador

Kimo,

For the record, I am a licensed MLO in the State of Texas, however my license is currently inactive since I work for a federally regulated bank. 

The SAFE Act was designed to enhance consumer protection and reduce fraud by encouraging states to establish minimum standards for the licensing and registration of state-licensed mortgage loan originators (emphasis added) and for the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) to establish and maintain a nationwide mortgage licensing system and registry for the residential mortgage industry.

If you read the FDIC document I provided, you'll find she is incorrect  MLOs at federally regulated banks will eventually register with NMLS, receive a unique identifier, submit fingerprints and background information.

Let's just agree to disagree going forward.

Tom Branch

 

 

Jan 05, 2010 01:07 PM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Didi - Sorry, but I'm not familiar with the requirements in CA. As you know the state requirements vary; I'd check with the officials in CA for clarification.

Jan 08, 2010 01:44 AM
Eric J
Eric J - Dream Home Financing - Freehold, NJ
Dream Home Financing

I dont think the test will weed out the bad apples. It will weed out those who are less informed or are horrible test takers. It is still possible to pass the test AND provide bad service with poor business ethics.

By the way, I have seen the test and I also have taken the real estate exam. The real estate exam is kindergarten level compared to the loan origination exam.

Jan 15, 2010 10:30 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Eric - And testing cannot judge of ethics.

Jan 15, 2010 12:27 PM
Shelly Whitworth
MorSystems.com - Carmel, CA

I will never understand why they do not require the same testing standards and licensing for bank employees who do the same thing. Any new regulations or laws should be for all loan officers! Realtors should be frightened to send their clients to most bank employees.

Apr 06, 2010 03:52 AM
John Mulkey
TheHousingGuru.com - Waleska, GA
Housing Guru

Shelly - It's just another example of government rules that lack logic.

Apr 06, 2010 04:18 AM