N.M. Admin. Code § 12.19.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 12.19.2.7 - DEFINITIONS

A. "Days" means a period of time expressed in calendar days, except when disclosures are required to be given to borrowers, then "days" shall exclude Saturdays, Sundays and legal holidays.

B. "Independent contractor" means any person who processes or underwrites residential mortgage loans and is not a W-2 employee of a licensed mortgage loan company.

C. "Scheduled long-term monthly debt payments" means the monthly payments of all installment debts, revolving charge accounts, open accounts and lines of credit that would be used to determine a borrower's ability to repay per the current underwriting guidelines of the federal housing administration (FHA), the federal national mortgage association (FNMA), the federal home loan mortgage corporation (FHLMC) or the department of veteran's affairs (VA).

D. "Takes a residential mortgage loan application", with respect to Section 58-21B-3(K) NMSA 1978, means:

(1) any communication, regardless of form, from a mortgage loan originator to a borrower soliciting a loan application or requesting information typically required in an application for the purpose of deciding whether or not to extend the requested offer of a loan to a borrower; or

(2) any communication, regardless of form, from a borrower to a mortgage loan originator, for an offer or responding to a solicitation for an offer of residential mortgage loan terms or providing information typically required in an application for the purpose of deciding whether or not to extend the requested offer of a loan to a borrower.

N.M. Admin. Code § 12.19.2.7

12.19.2.7 NMAC - N, 08/31/09; A, 06/01/10; A, 12/31/10