Mortgage Banker, Broker and Servicer: Change of Office Address
The Department of Financial Services accepts applications to change the address of principal and branch offices of mortgage brokers and mortgage bankers through the Nationwide Mortgage Licensing System (NMLS). All applicants seeking to relocate an office of a New York regulated Mortgage Broker, Mortgage Banker or Mortgage Loan Servicer must submit an Amendment through the online application process.
Note: Your company must have a unique NMLS identification number, a User ID and Password to access to NMLS in order to submit Amendments through the online system.
- Address changes and supplemental documents must be submitted to the Department fifteen (15) days prior to effective date of such change. All registrations must be returned to the Department for changes in principal office address.
- Jurisdiction specific documents must be accompanied by a cover letter on company letterhead (reflecting authorized name of entity in the State of New York) and signed by an owner or authorized principal officer of the company.
- The Department can deny your request if it determines that (1) the requested address is currently registered to another entity or (2) was occupied by another entity less than six months prior to your application (3) branch manager is sponsored by another company (4) supplemental documents are not properly executed.
- If you are changing branch manager simultaneously with the requested change of address, a Form MU4 must be completed for the respective branch manager. You must provide jurisdiction specific information outlined below for change in branch manager.
Jurisdiction Specific Requirements
Jurisdiction-specific requirements as identified below must be submitted within five business days of the submission of your application through NMLS to the State of New York Department of Financial Services at the following address:
State of New York Department of Financial Services
One State Street
New York, NY 10004-1511
Attention Mortgage Banking
- ORIGINAL REGISTRATION. – Submit the registration or license for the relocating office. Note: Change of address for principal offices requires the submission of both the principal office license or registration and all additional authorized branch office licenses or registrations. If your registration(s) has been lost or misplaced you must submit a notarized Lost License and Certificate Affidavit for each lost registration.
- LEASES. - Provide copies of leases, subleases and/or lease assignment, if applicable, for the proposed branch. Leases must meet the following criteria:
- Fully executed in the name of the applicant and signed by an officer of the applicant.
- Lease terms must be for at least 6 months. Month-to-month leases are not accepted.
- All subleases or lease assignments must be accompanied by a fully executed copy of the main lease.
- If required by the main (master) lease, a copy of the landlord consent to the sublease or lease assignment must be submitted.
- Applicants seeking to license residential property must submit a certified copy of the property deed along with zoning permissions.
- SURETY BOND RIDER. A Surety Bond Rider must be submitted for all changes in principal office address. The Rider must reflect the new principal office address.
- RELOCATIONS OUTSIDE NEW YORK STATE. If you are moving the principal office or any branch office from a location within the State of New York to a location outside the State of New York you must also provide a brief statement summarizing the reason for relocating the office outside the State of New York. The summary should include discussion of business plan and primary means of conducting business with New York State consumers (e.g. internet, telephone etc.)
- DUAL AGENCY AFFIDAVIT. If the mortgage broker, principal owner or other person having a relationship with your company holds a real estate broker or sales person license or functions as an attorney on residential mortgage transactions, or if the proposed office will be physically located on the premises of a real estate agency, a Dual Agency form must be submitted.
- NET BRANCH CERTIFICATION. Provide a certification on corporate letterhead, signed by a principal officer or owner, attesting to the applicant’s knowledge and understanding of the Department’s prohibition against net branching. Original signature document required.
- EMPLOYMENT AND COMPENSATION CONTRACT. Employment and Compensation contract must be provided if the current branch location was registered prior to January 1, 2006 or where the branch manager is changing simultaneously with a change in branch address.
WHO TO CONTACT:
If you require assistance in using the NMLS database or logging into the system, please contact the NMLS Call Center at (240) 386-4444
For New York State Jurisdiction specific requirements contact the Department via email at Mortgage.Banker@dfs.ny.gov (mortgage banker issues), Mortgage.Broker@dfs.ny.gov (mortgage broker issues) and MLS@dfs.ny.gov (mortgage loan servicer issues).
FAILURE TO INCLUDE THE ABOVE LISTED ITEMS WITH YOUR ORIGINAL NOTIFICATION WILL DELAY PROCESSING. INCOMPLETE APPLICATIONS WILL BE RETURNED
YOU ARE NOT AUTHORIZED TO ENGAGE IN MORTGAGE ORIGINATION ACTIVITIES UNTIL YOU RECEIVE APPROVAL FROM THE SUPERINTENDENT OF FINANCIAL SERVICES OF THE STATE OF NEW YORK.