Section 58-21B-17 - Surety bond required. - New Mexico Statutes

58-21B-17. Surety bond required.

A.     Each mortgage loan originator shall be covered by a surety bond in accordance with this section.  In the event the mortgage loan originator is an employee or exclusive agent of a mortgage loan company subject to the Mortgage Loan Company Act, the surety bond of the mortgage loan company subject to that act may be used in lieu of the mortgage loan originator's surety bond requirement.

B.     The surety bond shall provide coverage for each mortgage loan originator in an amount as prescribed in Subsection E of this section.

C.     The surety bond shall be in a form as prescribed by the director.

D.     The director may promulgate rules with respect to the requirements for such surety bonds as are necessary to accomplish the purposes of the New Mexico Mortgage Loan Originator Licensing Act [58-21B-1 NMSA 1978].

E.     The penal sum of the surety bond shall be in an initial amount of fifty thousand dollars ($50,000).  Upon renewal of the license, the penal sum of the surety bond shall be in an amount that reflects the total dollar amount of mortgage loans originated annually in New Mexico by the licensed mortgage loan originator, as follows:

(1)     zero dollars ($0.00) to three million dollars ($3,000,000), a surety bond of fifty thousand dollars ($50,000);

(2)     more than three million dollars ($3,000,000) and less than ten million dollars ($10,000,000), a surety bond of one hundred thousand dollars ($100,000); and

(3)     ten million dollars ($10,000,000) or more, a surety bond of one hundred fifty thousand dollars ($150,000). 

F.     Every bond shall provide for suit thereon by any person who has a cause of action pursuant to the New Mexico Mortgage Loan Originator Licensing Act. 

G.     When an action is commenced on a licensed mortgage loan originator's bond, the director may require the filing of a new bond.

H.     Immediately upon recovery on any action on a bond, the licensed mortgage loan originator shall file a new bond.