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$50,000 is where a Virginia dual license bond starts, not where it has to stay. The State Corporation Commission's rule adjusts the bond every year by the residential loans you originated the year before, and a company with dual authority never drops below $50,000 even in a slow year. We write the amount your volume calls for and you pay an annual premium instead of posting the full sum.
A company licensed in Virginia as both a mortgage lender and a mortgage broker must keep a surety bond on file with the Commissioner under Va. Code 6.2-1604. Under 10VAC5-160-15 the minimum for dual authority is $50,000, and the bond is adjusted annually by residential mortgage loans originated during the preceding calendar year, reaching $75,000, $100,000 or $150,000 at higher volume.
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10VAC5-160-15 says the bond amount shall be adjusted annually based upon residential mortgage loans originated during the preceding calendar year:
The same rule sets floors by license type. A broker only license has a $25,000 minimum. A mortgage lender, or a company with dual authority as both lender and broker, has a $50,000 minimum. So a dual licensee with less than $5,000,000 of originations still carries $50,000, and a dual licensee that originated more than $20,000,000 last year owes more than the $50,000 printed in the license name.
Va. Code 6.2-1604 requires the bond to be filed with the Commissioner, in a form approved by the Commission, with a corporate surety authorized to execute bonds in the Commonwealth. It secures performance of written agreements with borrowers, proper accounting for funds received, and compliance with the chapter and other applicable law. Aggregate liability cannot exceed the penal sum, and the bond must be continuously maintained in full force.
Under Va. Code 6.2-1603 the license application fee is $1,000 for a company applying to act as both mortgage lender and mortgage broker, against $500 for one or the other. Each office where the business will be conducted adds a $150 application fee. These fees are not refundable. A lender, including a dual licensee, must also keep at least $200,000 in funds available for the operation of its business, in deposits, bank lines of credit or both.
Va. Code 6.2-1607 provides that a mortgage lender or broker license expires at the end of each calendar year unless renewed before that date. Va. Code 6.2-1602 exempts several groups from the chapter entirely, including lenders making three or fewer mortgage loans in any 12 consecutive months, banks, savings institutions and credit unions, insurance companies, and nonprofit corporations making home ownership loans for the disadvantaged.
No. $50,000 is the minimum for a company with dual authority. If the company originated more than $20,000,000 in residential mortgage loans during the preceding calendar year, the scale in 10VAC5-160-15 calls for $75,000, $100,000 or $150,000.
Not with dual authority. The $25,000 figure is the broker only minimum. Lenders and dual licensees stay at $50,000 or more.
Under Va. Code 6.2-1604 it secures performance of written agreements with borrowers, proper accounting for funds received, and compliance with the mortgage lender and broker chapter and other applicable law.
Va. Code 6.2-1603 sets a $1,000 application fee for authority to act as both mortgage lender and mortgage broker, plus $150 for each office. The fees are not refundable.
At the end of each calendar year unless the licensee renews before the expiration date, under Va. Code 6.2-1607. The bond must be kept in force the whole time.
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