MBmaverick
03-06-2008, 05:46 PM
Do I need to get a NY broker license to broker commercial loans in NY if I have a CA broker license?
David
03-07-2008, 07:23 AM
Yes you do. You need licenses in just about every state that you want to do mortgages.
MBmaverick
03-12-2008, 05:30 PM
Thanks for the response. What if my clients are in New York, but I'm working with a national or international bank? Another side of the issue...what if my offices are in New York, but my client is in another state and the bank is in yet another state?
David
03-12-2008, 10:19 PM
Federal banks are exempt on the state to state licensing. If you sign up with a federal charter bank you can lend in all 50 states.
If your office is in New York, your client is in another state and the bank is in another state, it can be done. For example if your in New York, your client is in Texas but he wants to purchase in New York, your NY license would cover you. If your client is in Texas and wants to buy in Texas you would need Texas licensing. The state the bank is in doesn't make a difference as long as they lend in the state you are trying to lend in. You would call your account executive with the bank to find out if they lend in the state you're interested in lending in.
If you are getting mortgages wholesale with a lender that lends in every state you still won't be able to circumvent the whole licensing/registration in states that require it. I'm not trying to contradict what I said at the beginning of the post, although it sounds that way. Basically if you sign up with a federal bank (basically as an employee) you are exempt of licensing, if not then you're not.
There is another option which is called co-brokering. Co-brokering depending on how it's set up can be illegal. You have to do a certain amount of the work for it to be considered legal and ethical. Co-brokering is using someone else that's licensed in a state you are interested in doing business and doing business in their name and getting paid a commission off of it.
Remember don't take anything I say as law it's always best to check with a lawyer. I know New York is a very tough state especially when it comes to net branches, co-brokering, and licensing.