Page:United States Statutes at Large Volume 122.djvu/2835

 12 2 STA T . 2 8 12 PUBLIC LA W 11 0– 28 9—J UL Y3 0, 2008 andcom m u n i ca t ion w it h a con s um er too b tain in f ormation necessar y for the p rocessin g or underwriting of a residentia l mortgage loan .(D)REAL E ST ATE BROK ERA G EA C T IV IT YD E F I N ED. —T he term ‘ ‘real estate bro k erage acti v ity ’ ’ means any activity that involves offering or providing real estate brokerage services to the public , including— (i) acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property (ii) bringing together parties interested in the sale, purchase, lease, rental, or e x change of real property; (iii) negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property (other than in connection with providing financing with respect to any such transaction); (iv) engaging in any activity for which a person engaged in the activity is re q uired to be registered or licensed as a real estate agent or real estate broker under any applicable law; and (v) offering to engage in any activity, or act in any capacity, described in clause (i), (ii), (iii), or (iv). ( 4 ) L OAN P ROCESSOR OR U NDER W RITER.— ( A ) I N GENERAL.—The term ‘‘loan processor or under - writer’’ means an individual who performs clerical or sup- port duties at the direction of and sub j ect to the supervision and instruction of— (i) a S tate-licensed loan originator; or (ii) a registered loan originator. ( B ) C LERICAL OR SUPPORT DUTIES.— F or purposes of subparagraph (A), the term ‘‘clerical or support duties’’ may include— (i) the receipt, collection, distribution, and analysis of information common for the processing or under- writing of a residential mortgage loan; and (ii) communicating with a consumer to obtain the information necessary for the processing or under- writing of a loan, to the extent that such communica- tion does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms. ( 5 ) N ATIONWIDE M ORTGAGE LICENSING SYSTEM AND REG- ISTRY.—The term ‘‘Nationwide M ortgage Licensing System and Registry’’ means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the State licensing and registration of State-licensed loan originators and the registration of registered loan originators or any system established by the Secretary under section 1 5 09 . ( 6 ) NONTRADITIONAL MORTGAGE PRODUCT.—The term ‘‘non- traditional mortgage product’’ means any mortgage product other than a 3 0-year fixed rate mortgage. ( 7 ) REGISTERED LOAN ORIGINATOR.—The term ‘‘registered loan originator’’ means any individual who— (A) meets the definition of loan originator and is an employee of—

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