Mortgage · South Dakota
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South Dakota mortgage FAQs
Yes, the terms refer to the same role. South Dakota law defines a mortgage loan originator as an individual who, for compensation or gain or in the expectation of it, takes a mortgage loan application or offers or negotiates the terms of a mortgage loan (SDCL 54-14-12.2). Loan officer is a common workplace title for that role; the licensing law uses the term mortgage loan originator.
Yes. South Dakota ties the license requirement to the activity, not the hours worked. Any individual who takes a mortgage loan application or offers or negotiates loan terms for compensation, or in the expectation of compensation, must be licensed as a mortgage loan originator, whether working part-time or full-time.
Yes, South Dakota mortgage licensing runs through the Nationwide Multistate Licensing System (NMLS), the national online platform, and each licensee must obtain and maintain a unique identifier through it (SDCL 54-14-13). A mortgage lender applicant pays an initial fee of not more than $1,000, submits a surety bond of at least $25,000, and furnishes fingerprints for an FBI criminal history check (SDCL 54-14-15, 54-14-16, and 54-14-24).
Yes, if you work as an independent contractor. South Dakota law requires independent-contractor loan processors and underwriters to obtain a mortgage loan originator license under SDCL chapter 54-14. No person may act as a mortgage loan originator in the state without first obtaining and maintaining a license and a unique identifier through NMLS.
Yes, your credit and finances are reviewed. South Dakota's director may not issue an MLO license to an applicant who shows a lack of financial responsibility, including current outstanding judgments (except judgments solely from medical expenses), current tax liens or other governmental liens, foreclosures within the past 3 years, or a pattern of seriously delinquent accounts within the past 3 years. You must also authorize NMLS and the director to obtain an independent credit report.
Bank loan officers do not need a state mortgage loan originator license in South Dakota. Employees of depository institutions, their regulated subsidiaries, and Farm Credit Administration-regulated institutions are "registered" mortgage loan originators, exempt from state licensing under SDCL 54-14-12.4 and 54-14-21. The route is registration through NMLS rather than a state license application.
South Dakota does not certify mortgage lenders; it licenses them. To operate as a mortgage lender, you must obtain a license from the Division of Banking and maintain a unique identifier through NMLS, submit fingerprints for an FBI criminal history check, and authorize a credit report. The initial license fee is capped at $1,000, and you must maintain a surety bond of at least $25,000.
South Dakota does not certify loan officers; it licenses them. To get a mortgage loan originator (MLO) license, you must never have had an MLO license revoked, have no felony conviction in the past seven years (or ever, if the felony involved fraud, dishonesty, breach of trust, or money laundering), and show financial responsibility, character, and general fitness. You must also complete the pre-licensing education set by rule, pass a written test, and meet the surety bond requirement. Your application includes fingerprints for an FBI criminal history check and a credit report authorization.
To become a licensed mortgage loan originator in South Dakota, you apply through the Nationwide Multistate Licensing System (NMLS) and maintain a unique identifier. You must complete the pre-licensing education set by rule, pass a written test, furnish fingerprints for an FBI criminal history check, authorize an independent credit report, and meet a surety bond requirement of at least $25,000, which an employer's bond may satisfy. The initial license fee may not exceed $250, and the license expires on the following December 31.
A loan officer at a bank does not need a South Dakota state MLO license. Employees of depository institutions, their regulated subsidiaries, and Farm Credit Administration-regulated institutions are "registered" mortgage loan originators exempt from state licensing under SDCL 54-14-12.4 and 54-14-21. You must still be registered through NMLS and maintain a unique identifier.