IC 37-2-2-29 — "Loan processor or underwriter"
Chapter 2. Definitions
Section text
Sec. 29. "Loan processor or underwriter" means an individual who performs clerical or support duties as an employee at the direction of, and subject to the supervision and instruction of, a person licensed to engage in mortgage transactions or a person exempt from licensing. For purposes of this subdivision, the term "clerical or support duties" may include, after the receipt of an application, the following: (1) The receipt, collection, distribution, and analysis of information common for the processing or underwriting of a mortgage transaction. (2) The communication with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that the communication does not include: (A) offering or negotiating loan rates or terms; or (B) counseling consumers about mortgage transaction rates or terms. The term "loan processor or underwriter" does not include an individual who is an employee of a person that is not engaged in mortgage transactions as a creditor if that person is permitted to voluntarily register with the department to sponsor the individual under IC 37-1-1-6(8) to engage solely in the activities described in this subdivision. An individual engaging solely in loan processor or underwriter activities shall not represent 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 the individual can or will perform any of the activities of a mortgage loan originator. However, an individual who is licensed as a mortgage loan originator under IC 37-1 and 750 IAC 9-3, and who is sponsored by a person, as permitted by IC 37-1-1-6(8), to engage solely as a third party loan processor or underwriter, is subject to the prohibition set forth in this subdivision with respect to the individual's engagement under the sponsorship.
As added by P.L.115-2026, SEC.97.
Source: official publisher (2026 edition)