South Dakota Mortgage Broker Bond: A Comprehensive Guide
August 25, 2021
This guide provides information for insurance agents to help their customers obtain South Dakota Mortgage Broker Bonds
At a Glance:
- Average Cost: Between 0.75% to 5% of the bond amount per year based on the applicant’s credit
- Bond Amount: Based on the total amount of mortgage loans originated
|Loans Originated||Bond Amount|
|Less than $25 million||$25,000|
|Over $25 million to $100 million||$35,000|
|Over $100 million||$50,000|
- Who Needs it: All mortgage brokers operating in South Dakota
- Purpose: To ensure the public will receive compensation for any damages should the mortgage broker violate licensing law
- Who Regulates Mortgage Brokers In South Dakota: The South Dakota Division of Banking
South Dakota statute 54-14-13 requires all mortgage brokers operating in the state to obtain a license with the Division of Banking. The South Dakota legislature enacted the licensing laws and regulations to ensure that mortgage brokers engage in ethical business practices. In order to provide financial security for the enforcement of the licensing law, mortgage brokers must purchase and maintain a surety bond to be eligible for licensure.
What is the Purpose of the South Dakota Mortgage Broker Bond?
South Dakota requires mortgage brokers to purchase a surety bond as part of the application process to obtain a business license. The bond ensures that the public will receive compensation for financial harm if the mortgage broker fails to comply with the regulations set forth in South Dakota statute 54-14. Specifically, the bond protects the public in the event the mortgage broker engages in any acts of fraud or breaches any contracts made with consumers. In short, the bond is a type of insurance that protects the public if the mortgage broker breaks licensing laws.
How Can an Insurance Agent Obtain a South Dakota Mortgage Broker Surety Bond?
BondExchange makes obtaining a South Dakota Mortgage Broker Bond easy. Simply login to your account and use our keyword search to find the “mortgage” bond in our database. Don’t have a login? Enroll now and let us help you satisfy your customers’ needs. Our friendly underwriting staff is available by phone (800) 438-1162, email or chat from 7:30 AM to 7:00 PM EST to assist you.
At BondExchange, our 40 years of experience, leading technology, and access to markets ensures that we have the knowledge and resources to provide your clients with fast and friendly service whether obtaining quotes or issuing bonds.
Is a Credit Check Required for the South Dakota Mortgage Broker Bond?
Surety companies will run a credit check on the owners of the mortgage company to determine eligibility and pricing for the South Dakota Mortgage Broker bond. Owners with excellent credit and work experience can expect to receive the best rates. Owners with poor credit may be declined by some surety companies or pay higher rates. The credit check is a “soft hit”, meaning that the credit check will not affect the owner’s credit.
How Much Does the South Dakota Mortgage Broker Bond Cost?
The South Dakota Mortgage Broker Bond can cost anywhere between 0.75% to 5% of the bond amount per year. Insurance companies determine the rate based on a number of factors including your customer’s credit score and experience. The chart below offers a quick reference for the approximate bond cost on the $25,000 bond requirement.
$25,000 Mortgage Broker Bond Cost
|Credit Score||Bond Cost (1 year)|
|650 – 699||$250|
|625 – 649||$313|
|600 – 624||$470|
|550 – 599||$1,000|
|500 – 549||$1,250|
How Does South Dakota Define “Mortgage Broker?”
South Dakota statute 54-14-12 defines a mortgage broker as any business entity who places mortgage loans with investors but does not service the loans.
How Do Mortgage Brokers Apply for a License in South Dakota
Mortgage brokers in South Dakota must navigate several steps to secure their license. Below are the general guidelines, but applicants should refer to the NMLS’s application guidelines for details on the process.
License Period – The South Dakota Mortgage Broker License expires on December 31 of each year and must be renewed before the expiration date
Step 1 – Purchase a Surety Bond
Mortgage brokers must purchase and maintain a surety bond (limits outlined in Table 1.1)
Step 2 – Request a NMLS Account
The South Dakota Mortgage Broker License application is submitted electronically through the Nationwide Multistate Licensing System (NMLS). To submit a license application, applicants must first request to obtain an NMLS account.
Step 3 – Complete the Application
- Audited or certified company financial statements that have been prepared by a CPA
- Primary company and consumer complaint contact information
- Confirmation the company has received the following approvals/designations:
- Federal Housing Administration approval
- Ginnie Mae approved issuer/servicer
- Fannie Mae approved seller/servicer
- Freddie Mac approved seller/servicer
- Veterans Administration approved lender
- Guaranteed Rural Housing approval
- Disclosure questions
- Company’s independently reviewed AML/BSA policy
- Company business plan containing the following information:
- Marketing strategies
- Target markets
- Fee schedule
- Operating structure
- History of Operations
- Certificate of good standing
- Copy of the company’s information security policy and compliance manual
- Company formation documents
- Company management and organizational charts
- Detailed resumes for all control persons
Mortgage brokers must pay the following fees when submitting their license application:
- $500 license fee
- $36.25 background check fee (per person)
- $15 credit report fee (per person)
How Do South Dakota Mortgage Brokers Renew Their License?
Mortgage brokers can renew their license online through the NMLS. License holders need to simply login to their account to access their renewal application. The South Dakota Mortgage Broker License expires on December 31 of each year and must be renewed before the expiration date.
What Are the Insurance Requirements for the South Dakota Mortgage Broker License?
South Dakota does not require mortgage brokers to purchase any form of liability insurance as a prerequisite to obtaining a business license. Mortgage brokers must purchase and maintain a surety bond (limits outlined in Table 1.1).
How Do South Dakota Mortgage Brokers File Their Bond?
Mortgage brokers should submit the completed bond form, including the power of attorney, electronically through the NMLS. The surety bond requires signatures from both the surety company that issues the bond and a representative from the mortgage company. The surety company should include the following information on the bond form:
- Name and address of entity/individual(s) buying the bond
- Surety company’s name and address
- Bond amount
- Date the bond is signed
- Date the bond goes into effect
What Can South Dakota Mortgage Brokers Do to Avoid Claims Against Their Bond?
To avoid claims on their bond, mortgage brokers in South Dakota must ensure that they follow all license regulations in the state, including some of the most important issues below that tend to cause claims:
- Do not engage in any acts of fraud
- Do not breach any contracts made with consumers
What Other Insurance Products Can Agents Offer Mortgage Brokers in South Dakota?
South Dakota does not require mortgage brokers to purchase any form of liability insurance as a prerequisite to obtaining a business license. However, most reputable businesses will seek to obtain this insurance anyway. Bonds are our only business at BondExchange, so we do not issue other types of insurance, but our agents often utilize brokers for this specific line of business. A list of brokers in this space can be found here.
How Can Insurance Agents Prospect for South Dakota Mortgage Broker Customers?
The NMLS conveniently provides a public database to search for active mortgage brokers in South Dakota. The database can be accessed here. Contact BondExchange for additional marketing resources. Agents can also leverage our print-mail relationships for discounted mailing services.