HIGHER-PRICED MORTGAGE LOANS
Cal. FIN § 4995
California Statutes
The following
definitions shall apply for purposes of this division: (a) “Higher-priced mortgage loan” has the meaning set forth in
Section 1026.35 of Title of the Code of Federal Regulations. (b) “Licensed person” means a real estate broker licensed under the Real Estate Law (Part 1 (commencing with
Section 10000) of Division of the Business and Professions Code), a finance lender or broker licensed under the California Financing Law (Division 9 (commencing with
Section 22000)), a residential mortgage lender licensed under the California Residential Mortgage Lending Act (Division 20 (commencing with
Section 50000)), a commercial or industrial bank organized under the Banking Law (Division 1.1 (commencing with
Section 1000)), a savings association organized under the Savings Association Law (Division 2 (commencing with
Section 5000)), and a credit union organized under the California Credit Union Law (Division 5 (commencing with
Section 14000)). (c) “Mortgage broker” means a licensed person who provides mortgage brokerage services. For purposes of this division, a licensed person who makes home loans is a “mortgage broker,” and subject to the requirements of this division applicable to mortgage brokers, only with respect to transactions in which the licensed person provides mortgage brokerage services. (d) “Mortgage brokerage services” means arranging or attempting to arrange, as exclusive agent for the borrower or as dual agent for the borrower and lender, for compensation or in expectation of compensation, paid directly or indirectly, a higher-priced mortgage loan made by an unaffiliated third party.