[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR202.8]

[Page 137-139]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 202_APPROVAL OF LENDING INSTITUTIONS AND MORTGAGEES--Table of Contents
 
               Subpart B_Classes of Lenders and Mortgagees
 
Sec. 202.8  Loan correspondent lenders and mortgagees.

    (a) Definitions.
    Loan correspondent. (1) A loan correspondent lender does not hold a 
Title I Contract of Insurance and may not purchase or hold loans but may 
be approved to originate Title I direct loans for sale or transfer to a 
sponsor or sponsors which holds a valid Title I Contract of Insurance 
and is not under suspension.
    (2) A loan correspondent mortgagee is a mortgagee that has as its 
principal activity the origination of mortgages for sale or transfer to 
its sponsor or sponsors or that meets the definition of a supervised 
mortgagee in Sec. 202.6(a) but applies for approval as a loan 
correspondent mortgagee. A loan correspondent mortgagee may originate 
mortgages and submit applications for mortgage insurance but it may not 
hold, purchase or service insured mortgages, except that a loan 
correspondent mortgagee meeting the definition of a supervised mortgagee 
in Sec. 202.6(a) may

[[Page 138]]

service insured mortgages in its own portfolio.
    Sponsor. (1) With respect to Title I programs, a sponsor is a lender 
that holds a valid Title I Contract of Insurance and meets the net worth 
requirement for the class of lender to which it belongs.
    (2) With respect to Title II programs, a sponsor is a mortgagee 
which holds a valid origination approval agreement, is approved to 
participate in the Direct Endorsement program, and meets the net worth 
requirement for the class of mortgagee to which it belongs.
    (b) Additional requirements. In addition to the general approval 
requirements in Sec. 202.5, a loan correspondent lender or mortgagee 
shall meet the following requirements:
    (1) Net worth. A loan correspondent lender or mortgagee shall have a 
net worth of not less than $63,000 in assets acceptable to the 
Secretary, plus an additional $25,000 for each branch office authorized 
by the Secretary, up to a maximum requirement of $250,000, except that a 
multifamily mortgagee shall have a net worth of not less than $250,000 
in assets acceptable to the Secretary.
    (2) Notification. A loan correspondent lender or mortgagee and each 
of its sponsors shall provide prompt notification to the Secretary if 
their loan correspondent agreement is terminated.
    (3) Audit report. A loan correspondent lender or mortgagee must 
comply with the financial reporting requirements in 24 CFR part 5, 
subpart H except that a loan correspondent mortgagee meeting the 
definition of a supervised lender or mortgagee in Sec. 202.6(a) need 
not file annual audit reports. Audit reports shall be based on audits 
performed by a certified public accountant, or by an independent public 
accountant licensed by a regulatory authority of a State or other 
political subdivision of the United States on or before December 31, 
1970, and shall include:
    (i) A financial statement in a form acceptable to the Secretary, 
including a balance sheet, statement of operations and retained 
earnings, a statement of cash flows, an analysis of the net worth 
adjusted to reflect only assets acceptable to the Secretary and an 
analysis of escrow funds; and
    (ii) Such other financial information as the Secretary may require 
to determine the accuracy and validity of the audit report.
    (4) Liquid assets. A loan correspondent mortgagee shall maintain 
liquid assets consisting of cash or its equivalent acceptable to the 
Secretary in the amount of 20 percent of its net worth, up to a maximum 
liquidity requirement of $100,000.
    (5) A loan correspondent lender or mortgagee may sell or transfer 
loans or mortgages only to its sponsors, although a loan correspondent 
mortgagee may sell to a mortgagee that is not a sponsor with the 
Secretary's approval. There is no limitation on the number of sponsors 
that a loan correspondent lender or mortgagee may have and no limitation 
on the number of loan correspondents that a lender or mortgagee may 
sponsor.
    (6) Each sponsor must obtain approval of its loan correspondent 
lenders or mortgagees from the Secretary.
    (7) Each sponsor shall be responsible to the Secretary for the 
actions of its loan correspondent lenders or mortgagees in originating 
loans or mortgages, unless applicable law or regulation requires 
specific knowledge on the part of the party to be held responsible. If 
specific knowledge is required, the Secretary will presume that a 
sponsor has knowledge of the actions of its loan correspondent lenders 
or mortgagees in originating loans or mortgages and the sponsor is 
responsible for those actions unless it can rebut the presumption with 
affirmative evidence.
    (8) A loan correspondent mortgagee shall comply with the warehouse 
line of credit requirements of Sec. 202.7(b)(3)(ii), unless there is a 
written agreement by its sponsor to fund all mortgages originated by the 
loan correspondent mortgagee.
    (9) For mortgages processed through Direct Endorsement under 
Sec. Sec. 203.5 and 203.255(b) of this chapter, or through Lender 
Insurance under Sec. Sec. 203.6 and 203.255(f) of this chapter, 
underwriting shall be the responsibility of the Direct Endorsement 
sponsor or Lender Insurance sponsor (respectively), and the mortgage 
shall be closed in the loan correspondent mortgagee's own name or the 
name of the sponsor that will

[[Page 139]]

purchase the loan. For mortgages not processed through Direct 
Endorsement or through Lender Insurance, the mortgage must be both 
underwritten and closed in the loan correspondent's own name.
    (10) A loan correspondent lender shall close all loans in its own 
name prior to sale or transfer of the loans to its sponsor.

[62 FR 20082, Apr. 24, 1997, as amended at 62 FR 30225, June 2, 1997; 67 
FR 56420, Nov. 7, 2002; 67 FR 53451, Aug. 15, 2002]