source:
  type: regulation
  id: safe-12cfr-1008.23
  authority: 12 CFR Part 1008 — SAFE Act Minimum State Licensing Standards for Mortgage Loan Originators (CFPB)
    § 1008.23 — Definitions
  description: '12 CFR Part 1008 — SAFE Act Minimum State Licensing Standards for Mortgage Loan Originators (CFPB),
    §1008.23 Definitions. Captured section-complete (all subsections verbatim).

    '
obligations:
- id: safe-12cfr-1008.23-full
  canonical_id: safe-12cfr-1008.23-full
  section: 12 CFR §1008.23
  description: 'Definitions: Terms that are defined in the S.A.F.E. Act and used in this part have the same meaning
    as in the S.A.F.E. Act, unless otherwise provided in this section. Administrative or clerical tasks means the
    receipt, collection, and distribution of information common for the processing or underwriting of a loa…'
  type: definition
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  primary_source:
    tier: 1
    authority: 12 CFR Part 1008 — SAFE Act Minimum State Licensing Standards for Mortgage Loan Originators (CFPB)
      § 1008.23
    source_class: ecfr-xml
    source_url: https://www.ecfr.gov/current/title-12/chapter-X/subchapter-B/part-1008
    snapshot_id: 8be7db7ff328d57d
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:d145571b2b30300b8a66c87fe89c457b2c3961ee4d853c3e9b551a7eb4f181bb
    paragraph_quote: 'Terms that are defined in the S.A.F.E. Act and used in this part have the same meaning as
      in the S.A.F.E. Act, unless otherwise provided in this section. Administrative or clerical tasks means the
      receipt, collection, and distribution of information common for the processing or underwriting of a loan in
      the mortgage industry and communication with a consumer to obtain information necessary for the processing
      or underwriting of a residential mortgage loan. American Association of Residential Mortgage Regulators (AARMR)
      is the national association of executives and employees of the various states who are charged with the responsibility
      for administration and regulation of residential mortgage lending, servicing, and brokering, and dedicated
      to the goals described at www.aarmr.org. Application means a request, in any form, for an offer (or a response
      to a solicitation of an offer) of residential mortgage loan terms, and the information about the borrower
      or prospective borrower that is customary or necessary in a decision on whether to make such an offer. Bureau
      means the Bureau of Consumer Financial Protection. Clerical or support duties: (1) Include:'
    drafter_attestation: Verbatim (whitespace-normalized) slice of §1008.23 (whole section) from snapshot 8be7db7ff328d57d;
      substring-verified.
  judgment: false
- id: safe-12cfr-1008.23-i
  canonical_id: safe-12cfr-1008.23-i
  section: 12 CFR §1008.23(i)
  description: 'Definitions — (i): (i) The receipt, collection, distribution, and analysis of information common
    for the processing or underwriting of a residential mortgage loan; and (ii) Communicating with a consumer to
    obtain the information necessary for the processing or underwriting of a loan, to the extent that such communicat…'
  type: definition
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  primary_source:
    tier: 1
    authority: 12 CFR Part 1008 — SAFE Act Minimum State Licensing Standards for Mortgage Loan Originators (CFPB)
      § 1008.23
    source_class: ecfr-xml
    source_url: https://www.ecfr.gov/current/title-12/chapter-X/subchapter-B/part-1008
    snapshot_id: 8be7db7ff328d57d
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:d145571b2b30300b8a66c87fe89c457b2c3961ee4d853c3e9b551a7eb4f181bb
    paragraph_quote: '(i) The receipt, collection, distribution, and analysis of information common for the processing
      or underwriting of a residential mortgage loan; and (ii) Communicating with a consumer to obtain the information
      necessary for the processing or underwriting of a loan, to the extent that such communication does not include
      offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates
      or terms; and (2) Does not include:'
    drafter_attestation: Verbatim (whitespace-normalized) slice of §1008.23 subsection (i) from snapshot 8be7db7ff328d57d;
      substring-verified.
  judgment: false
- id: safe-12cfr-1008.23-i
  canonical_id: safe-12cfr-1008.23-i
  section: 12 CFR §1008.23(i)
  description: 'Definitions — (i): (i) Taking a residential mortgage loan application; or (ii) Offering or negotiating
    terms of a residential mortgage loan. Conference of State Bank Supervisors (CSBS) is the national organization
    composed of state bank supervisors dedicated to maintaining the state banking system and state regulation…'
  type: definition
  tags:
  - regulator-direct
  - gap-fill
  - section-complete
  primary_source:
    tier: 1
    authority: 12 CFR Part 1008 — SAFE Act Minimum State Licensing Standards for Mortgage Loan Originators (CFPB)
      § 1008.23
    source_class: ecfr-xml
    source_url: https://www.ecfr.gov/current/title-12/chapter-X/subchapter-B/part-1008
    snapshot_id: 8be7db7ff328d57d
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:d145571b2b30300b8a66c87fe89c457b2c3961ee4d853c3e9b551a7eb4f181bb
    paragraph_quote: '(i) Taking a residential mortgage loan application; or (ii) Offering or negotiating terms
      of a residential mortgage loan. Conference of State Bank Supervisors (CSBS) is the national organization composed
      of state bank supervisors dedicated to maintaining the state banking system and state regulation of financial
      services in accordance with the CSBS statement of principles described at www.csbs.org. Director means the
      Director of the Bureau of Consumer Financial Protection. Employee means an individual: (1) Whose manner and
      means of performance of work are subject to the right of control of, or are controlled by, a person, and (2)
      Whose compensation for Federal income tax purposes is reported, or required to be reported, on a W-2 form
      issued by the controlling person. Farm Credit Administration means the independent Federal agency, authorized
      by the Farm Credit Act of 1971, that examines and regulates the Farm Credit System. For compensation or gain.
      See &#xA7; 1008.103(c)(2)(ii). Independent contractor means an individual who performs his or her duties other
      than at the direction of and subject to the supervision and instruction of an individual who is licensed and
      registered in accordance with &#xA7; 1008.103(a), or is not required to be licensed, in accordance with &#xA7;
      1008.103(e)(5), (6), or (7). Loan originator. See &#xA7; 1008.103. Loan processor or underwriter, for purposes
      of this part, means an individual who, with respect to the origination of a residential mortgage loan, performs
      clerical or support duties at the direction of and subject to the supervision and instruction of: (1) A state-licensed
      loan originator; or (2) A registered loan originator. Nationwide Mortgage Licensing System and Registry or
      NMLSR means the mortgage licensing system developed and maintained by the Conference of State Bank Supervisors
      and the American Association of Residential Mortgage Regulators for the licensing and registration of loan
      originators and the registration of registered loan originators or any system established by the Director,
      as provided in subpart D of this part. Nontraditional mortgage product means any mortgage product other than
      a 30-year fixed-rate mortgage. Origination of a residential mortgage loan, for purposes of the definition
      of loan processor or underwriter, means all residential mortgage loan-related activities from the taking of
      a residential mortgage loan application through the completion of all required loan closing documents and
      funding of the residential mortgage loan. Real estate brokerage activities mean any activity that involves
      offering or providing real estate brokerage services to the public including&#x2014; (1) Acting as a real
      estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property; (2) Bringing together
      parties interested in the sale, purchase, lease, rental, or exchange of real property; (3) Negotiating, on
      behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange
      of real property (other than in connection with providing financing with respect to any such transaction);
      (4) Engaging in any activity for which a person engaged in the activity is required to be registered as a
      real estate agent or real estate broker under any applicable law; and (5) Offering to engage in any activity,
      or act in any capacity, described in paragraphs (1), (2), (3), or (4) of this definition. Residential mortgage
      loan means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of
      trust, or other equivalent consensual security interest on a dwelling (as defined in section 103(w) of the
      Truth in Lending Act) or residential real estate upon which is constructed or intended to be constructed a
      dwelling (as so defined). State means any state of the United States, the District of Columbia, any territory
      of the United States, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern
      Mariana Islands. Unique identifier means a number or other identifier that: (1) Permanently identifies a loan
      originator; (2) Is assigned by protocols established by the Nationwide Mortgage Licensing System and Registry
      and the Bureau to facilitate electronic tracking of loan originators and uniform identification of, and public
      access to, the employment history of and the publicly adjudicated disciplinary and enforcement actions against
      loan originators; and (3) Shall not be used for purposes other than those set forth under the S.A.F.E. Act.'
    drafter_attestation: Verbatim (whitespace-normalized) slice of §1008.23 subsection (i) from snapshot 8be7db7ff328d57d;
      substring-verified.
  judgment: false
