50-State Licensing and Compliance

Scaling a lending business presents challenges due to the variety of requirements and regulations across states. As the largest private lending law firm in the U.S., we are well-versed in the intricacies of lending regulations across all 50 states and can provide the guidance you need for a successful expansion.

Overview

50-State Surveys: Licensing and Compliance

Scaling a lending business presents challenges due to the variety of requirements and regulations across states. As the largest private lending law firm in the U.S., we are well-versed in the intricacies of lending regulations across all 50 states and can provide the guidance you need for a successful expansion.

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50-State Licensing Surveys

Expanding your lending operations to a new state requires thorough knowledge of licensing requirements. Our comprehensive licensing research covers requirements for all parties through the life cycle of a business purpose mortgage loan, including loan originators, processors, underwriters, brokers, lenders, servicers, sellers and purchasers, and owners of mortgage servicing rights. We provide clarity on whether a license is required and even explore the possibility of leveraging a broker’s license.

Each state’s summary details:
  • When a broker’s license is required
  • When a mortgage lender’s license is required
  • When a license is required to service the transaction
The surveys also contain information on:
  • Whether a loan originator’s license is required
  • Whether a license is required to buy a loan(s)
  • Whether a license is required to sell a loan(s)
  • Whether a license is required to buy & hold MSRs

Please note: Fortra Law is not able to service any inquiries regarding any type of consumer lending.

Supplementary Surveys

To ensure compliance, you must be aware of each state’s list of requirements. Protect your investments with these supplementary surveys:
  • Choice of Law
  • Collection Agency Licensing
  • DBA Filings
  • DoT Trustee Requirements
  • Late Fees
  • Licensing Non-RE Secured Loans
  • Licensing
  • Mechanic’s Lien Laws
  • Mortgage Taxes
  • Prepayment Penalties
  • Referral Fees
  • Table Funding
  • Unlicensed Lenders Funding Through Licensed Brokers
  • Usury 

See an example of our comprehensive guide to Licensing and Compliance in New Jersey.

* Note that the document above contains all surveys grouped into one. Each survey is available separately

Related Services

Explore Our Practice Areas

Fortra Law supports lenders and financial institutions across a range of related practice areas. Explore additional services that may support your transaction, compliance needs, or broader business operations.

Media

Insights from Our Team

Explore attorney-led discussions covering state licensing requirements, compliance challenges, regulatory developments, and operational considerations for mortgage industry professionals.

Reference Links

Licensing & Compliance Resources

Browse articles, guides, and reference materials addressing state licensing requirements, compliance obligations, and regulatory considerations for mortgage lenders and financial institutions.

Loan Workout vs Foreclosure: How Lenders Should Evaluate Default Strategy
California Foreclosures: Strategies for Private Lenders (2026 Guide)
Crisis Management When Defaults and Foreclosures Climb in Debt Funds
The Stress of Busted Construction Projects
[UPDATE] Loan Modifications in Peril in California (In re: Moon)
Why You Should Consider a Deed in Lieu of Foreclosure
The Importance of Documenting a Modification
Modification vs. Forbearance: Choosing the Right Agreement
Ensuring Lien Priority for Loan Modifications
Mortgage Loan Modifications Explained
A Personal Guaranty Contract Can Help Lenders Recover Even After Foreclosure
Why You Should Consider a Deed in Lieu of Foreclosure
California Foreclosures - Strategies for 2021
Forbearance Agreements 101: What To Do When Your Borrower Can’t Pay
Understanding the California Nonjudicial Foreclosure Process
Understanding Forbearances
[COVID-19] Accounting Implications of Loan Defaults
[COVID-19] Implications for California Tenant-Landlord Relationships
[COVID-19] California Eviction Moratorium Leaves Unresolved Problems for Landlords and Lenders
[COVID-19] Early Payment Defaults in Loan Sales
[COVID-19] Impact on Mortgage Lenders and Servicers in the U.S., and How to Mitigate Risks
[COVID-19] California Foreclosures 101 - Strategies for Defaulted Loans
[COVID-19] Deed in Lieu of Foreclosure – What You Need to Know
[COVID-19] Modification vs. Forbearance in the Age of COVID-19
Forbearance Agreements 101 - What to Do When Your Borrower Can't Pay
Understanding Your Options to Remedy a Bad Loan

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