Page:United States Statutes at Large Volume 124.djvu/2163

 124 STAT. 2137 PUBLIC LAW 111–203—JULY 21, 2010 Subtitle A—Residential Mortgage Loan Origination Standards SEC. 1401. DEFINITIONS. Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection: ‘‘(cc) DEFINITIONS RELATING TO MORTGAGE ORIGINATION AND RESIDENTIAL MORTGAGE LOANS.— ‘‘(1) COMMISSION.—Unless otherwise specified, the term ‘Commission’ means the Federal Trade Commission. ‘‘(2) MORTGAGE ORIGINATOR.—The term ‘mortgage origi- nator’— ‘‘(A) means any person who, for direct or indirect com- pensation or gain, or in the expectation of direct or indirect compensation or gain— ‘‘(i) takes a residential mortgage loan application; ‘‘(ii) assists a consumer in obtaining or applying to obtain a residential mortgage loan; or ‘‘(iii) offers or negotiates terms of a residential mortgage loan; ‘‘(B) includes any person who represents to the public, through advertising or other means of communicating or providing information (including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items), that such person can or will provide any of the services or perform any of the activities described in subparagraph (A); ‘‘(C) does not include any person who is (i) not other- wise described in subparagraph (A) or (B) and who performs purely administrative or clerical tasks on behalf of a person who is described in any such subparagraph, or (ii) an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs); ‘‘(D) does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with applicable State law, unless such person or entity is compensated by a lender, a mortgage broker, or other mortgage originator or by any agent of such lender, mortgage broker, or other mort- gage originator; ‘‘(E) does not include, with respect to a residential mortgage loan, a person, estate, or trust that provides mortgage financing for the sale of 3 properties in any 12-month period to purchasers of such properties, each of which is owned by such person, estate, or trust and serves as security for the loan, provided that such loan— ‘‘(i) is not made by a person, estate, or trust that has constructed, or acted as a contractor for the construction of, a residence on the property in the ordinary course of business of such person, estate, or trust; ‘‘(ii) is fully amortizing;