(a) Amendments to License Records Required. Unless
Tex. Fin. Code §156.211 applies and requires additional notice,
a mortgage company must amend its NMLS license records (MU1 filing)
within 10 days after any material change occurs affecting any aspect
of the MU1 filing, including but not limited to:
(1) name (which must be accompanied by supporting documentation
submitted to the Department establishing the name change);
(2) the addition or elimination of an assumed name
(a/k/a trade name or "doing business as" name; which must be accompanied
by a certificate of assumed business name or other documentation establishing
or abandoning the assumed name);
(3) the contact information for the mortgage company
listed in the MU1 filing under "Identifying Information":
(A) principal address (main address);
(B) mailing address;
(C) phone number;
(D) fax number; and
(E) email address;
(4) the contact information listed under "Resident/Registered
Agent";
(5) the contact information listed under "Contact Employee
Information;" and
(6) answers to disclosure questions (which must be
accompanied by explanations for each such disclosure, together with
supporting documentation concerning such disclosure).
(b) Amendments to MU2 Associations Required. A mortgage
company must cause the individuals who are required to register an
association with the mortgage company (MU2 filing) to do so within
the NMLS system and must ensure such associations are amended within
10 days after any material change occurs affecting such associations.
(c) Branch Office License Required. A mortgage company
must apply for and obtain a branch office license for each office
constituting a branch office of the mortgage company for purposes
of §80.206 of this title (relating to Office Locations; Remote
Work), which must be licensed prior to conducting operations at such
office. The application must be submitted through NMLS and must be
made using the appropriate form prescribed by NMLS (MU3 filing). A
mortgage company must amend its MU3 filing to surrender the branch
office license within 10 days after closing a branch office.
(d) Notice to Licensee. Service of any correspondence,
notification, alert, message, official notice or other written communication
issued by the Department will be served on the licensee in accordance
with this subsection utilizing the licensee's current contact information
of record in NMLS unless another method is prescribed by other applicable
law (notice to the mortgage company in a matter referred to the State
Office of Administrative Hearings for an adjudicative hearing will
be performed in accordance with 1 Texas Administrative Code §155.105).
(1) Service by Email. Service by email will be made
utilizing the email address the mortgage company has designated in
its MU1 filing listed under "Identifying Information." Service by
email is complete on transmission of the email by the Department to
the mortgage company's email service provider; provided, the Department
does not receive a "bounce back" notification, or similar, from the
email service provider indicating that delivery was not effective.
The mortgage company has an ongoing duty and a continuing obligation
to monitor such email account including to ensure that correspondence
from the Department is not lost in a "spam" or similar folder, or
undelivered due to intervention by a "spam filter" or similar service.
A mortgage company is deemed to have constructive notice of any email
correspondence or NMLS system notifications sent to the email address
it has designated in its MU1 filing listed under "Identifying Information."
(2) Service by Mail. Service by mail is complete on
deposit of the document, postpaid and properly addressed, in the mail
or with a commercial delivery service. If service is made on the mortgage
company by mail and the document communicates a deadline by or a time
during which the mortgage company must perform some act, such deadline
or time period for action is extended by three days. However, if service
was made by another method prescribed by this subsection, such deadline
or time period will be calculated based on the earliest possible deadline
or shortest applicable time period.
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