FAQ - Commercial

Commercial

1. Is a license required to conduct mortgage broker, mortgage banker or mortgage agent activity related to commercial real estate?

Yes. A person who conducts the activity of a mortgage broker, mortgage banker, or mortgage agent in relation to commercial real estate is required to obtain and maintain the appropriate license under NRS 645B or NRS 645E.

However, a foreign corporation that is not doing business in the state pursuant to NRS 80.015, may make an occasional unsolicited commercial mortgage loan in the State if the foreign corporation does not:

  • Maintain an office in this state;
  • Solicit or accept deposits in the State, except pursuant to the provision of Chapter 666 or 666A of the NRS;
  • Solicit business for the activities of a mortgage broker as defined by NRS 645B.0127 or the activities of a mortgage banker as defined by NRS 645E.100; or
  • Arrange a mortgage loan secured by real property which is not commercial property as defined by NRS 645E.040.

The Division deems “unsolicited” as activity whereas a prior established, bona fide client relationship exists and such relationship can be verified.

 

2. How do I apply for a certificate of exemption from the licensing requirements for mortgage brokers under NRS 645B or for mortgage bankers under NRS 645E?

A person claiming an exemption under NRS 645B.015 or NRS 645E.150 who only conducts commercial (non-residential) mortgage activity or does not employ any individual who must be licensed as a residential mortgage loan originator must submit its application for a certificate for exemption directly to the Division. The application may be obtained by contacting the Division at (775) 684-7060 and requesting the certificate of exemption application for Non-NMLS filers.

A person claiming an exemption under NRS 645B.015 or NRS 645E.150 who conducts residential mortgage activity or employs any individual who must be licensed as a residential mortgage loan originator must submit its application for a certificate for exemption through the NMLS to the Division. Additional information concerning the certificate of exemption process and an Application Checklist can be obtained on the NMLS Website.

If you have any further questions, please contact the Division of Mortgage Lending at (702) 486-0782.