Mortgage Broker Bond
A good mortgage bond definition starts by saying that it is a special kind of surety bond which, like most surety bonds, protects the clients involved in the business transaction, rather than the person actually buying the bond. As a mortgage broker, your clients would be fully protected in case you were to sell real estate to individuals who ultimately were unable to pay off their mortgage, and defaulted. Another element of the mortgage bond definition stipulates that if you break any rules listed in the details of the mortgage broker bond, you could be held liable for any claim made against the bond by investors or purchasers.
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In order for a broker to obtain a broker bond, an indemnity agreement must be signed which commits you to paying up to the full amount of the
bond itself if any claims are levied against you. Since this is a legal and binding contract, the state in which the bond is issued would find you liable for any part of, or the entire amount, of that bond. If you intend to do business as a mortgage broker in multiple states, you would need to secure a bond in each of the states you intend to do business in, since laws vary across state borders. As long as you, the broker, do not cause the conditions which have prompted an investor to make a claim against your mortgage bond, you should be relatively safe from being found liable. However, if you knowingly create a situation which leads someone to make a claim against the mortgage surety bond, that is more likely to fall into your lap, and cost you a significant amount of money. Another great resource is NMLS resource center. We only work with top bonding companies such as Hudson surety, and HCC surety. We have to many bonding companies to list, but we have a market for your business type.
How to Get a Mortgage Broker Bond
There are a lot of great resources to learn how much mortgage broker surety bonds cost. In Washington, you can go to the Department of Financial Institutions, or if you are in California, you can check out the CBO, At the end of the day, its easier to call us to learn about bonding requirements and your options. We are licensed to write mortgage bonds nationwide. Let us help your business get properly bonded.
Mortgage Bond Definition
Why Mortgage Bonds are Important
Another component of the mortgage bond definition should address its importance – almost all states in the country require you to have one, and you cannot conduct real estate business professionally without one. Secondly, they protect your real estate purchasing clients from losing their hard-earned money, if through any fault of yours, a real estate transaction falls through or fails to be concluded as expected. If you did not have a bond, there would be few clients who would have enough faith or confidence in you to choose you as their preferred broker.
With the surety bond in place though, a customer can at least have the confidence that comes from knowing that they can salvage some portion of their investment by making a claim against your mortgage broker bond. In essence, having a broker bond puts you on a level playing field with all other brokers who have one as well – if you lacked mortgage broker surety bonds, and most of your rivals did have one, you would find yourself at a distinct competitive advantage.
How to Obtain a Mortgage Broker Surety Bond
The first thing you need to do when trying to obtain mortgage bonds are check out the precise requirements imposed by your state. Some states require that you have a unique mortgage broker surety bond with each of the lending institutions you do business with, and sometimes at each branch location you have.
You may also need to pass a qualifications test, which gauges your understanding and knowledge of real estate concepts and transactions. Many states also require applicants to take a pre-licensing education course, in order to be sure that candidates are thoroughly familiar with real estate subject matter. Another possible stipulation is that you purchase Errors & Omissions insurance, which is something like malpractice insurance would be for people in the medical profession.
Having satisfied all the state and local requirements for obtaining mortgage broker surety bond, you would then be free to officially apply for a mortgage bond at a bond or surety company of your choosing. For instance, the largest writer of surety bonds in the U.S. – NFP Surety Bonds – would be a trusted and reliable company for you to apply with, and receive a prompt response.
You, as principal, would need to pay some percentage of the face value of the bond, but not the entire amount listed on the bond. The surety company issuing the bond would be responsible for the full face value of the bond, in the event that you caused some condition which led to a claim against the bond. However, the surety company would then be entitled to come after you to recover any and all monies lost in that claim.
Assuming you are approved for the bond, it would be sent to you in the mail, after which you would sign it, make a copy, and then send the signed copy to the appropriate state agency. When the state is in receipt of your bond, you would then be issued a state license to conduct business as a mortgage broker, generally within three weeks from the time you sent it to the state agency.
Call NFP Surety today to learn more about mortgage bond definition, as well as how to obtain a mortgage broker bond. Our experienced team is standing by. We can bond in any state.