Ga. Comp. R. & Regs. R. 80-11-2-.03 - Mortgage Loan Transaction Journal

(1) Any person who is required to be licensed under Article 13 of Title 7, whether as a broker or a lender ("licensee"), shall maintain a journal of mortgage loan transactions which shall include, at a minimum, the following information:

(a) Full name of proposed borrower and all co-borrowers, and the last four digits of their social security number(s);

(b) Date customer applied for the mortgage loan;

(c) Name and Nationwide Mortgage Licensing System and Registry (NMLSR) unique identifier of the loan officer responsible for the loan application whose name also appears on the application;

(d) Disposition of the mortgage loan application and date of disposition. The journal shall indicate the result of the loan transaction. The disposition of the application shall be categorized as one of the following: loan closed, loan denied, application withdrawn, application in process or other (explanation); and

(e) The journal shall clearly identify if the mortgage loan originator utilized temporary authority to operate at any point in the application or loan process. For such mortgage loan originators that utilize temporary authority, the journal should also identify the final status of the mortgage loan originator's Georgia license application as one of the following: approved, withdrawn, or denied.

(2) A complete mortgage loan transaction journal shall be maintained in the principal place of business. The journal shall be kept current. Records may be kept at a branch but the principal place of business must have a current journal updated no less frequently than every seven (7) business days. The failure to initiate an entry to the journal within seven (7) business days from the date of the occurrence of the event required to be recorded in the journal shall be deemed a failure to keep the journal current.

(3) Failure to maintain the mortgage loan journal or to keep the journal current (incidental and isolated clerical errors or omissions shall not be considered a violation) may be grounds for administrative action and will subject the licensee to fines in accordance with regulations prescribed by the department.

(4) Loan processors who are required to be licensed shall be required to keep a mortgage loan transaction journal to the extent they receive information that is required by law or rule to be in the journal. Such journal shall at a minimum include for each loan the full name of the borrower(s), the name and NMLSR unique identifier of the mortgage broker or lender for whom the processing was performed; the name and the NMLSR unique identifier of the mortgage loan originator for whom the processing was performed, and the dates the loan application was received and returned to such lender or broker. If a processor performs other duties of a broker aside from processing the loan, the processor/broker shall be responsible for keeping the same information as a broker, as provided in subsection (1) of this rule.

Notes

Ga. Comp. R. & Regs. R. 80-11-2-.03

O.C.G.A. §§ 7-1-61, 7-1-1009, 7-1-1012.

Original Rule entitled "Mortgage Loan Transaction Journal" adopted. F. July 11, 1994; eff. July 31, 1994. Amended: F. July 14, 1998; eff. August 3, 1998. Amended: F. Oct. 22, 2001; eff. Nov. 11, 2001. Amended: F. Sept. 1, 2004; eff. Sept. 21, 2004. Amended: F. Aug. 15, 2005; eff. Sept. 4, 2005. Amended: F. Aug. 17, 2009; eff. Sept. 6, 2009. Amended: F. June 20, 2016; eff. July 10, 2016. Amended: F. Dec. 20, 2019; eff. Jan. 9, 2020. Amended: F. July 7, 2023; eff. July 27, 2023. Amended: F. July 12, 2024; eff. Aug. 1, 2024.