South Dakota Mortgage Lender Bond: A Comprehensive Guide

August 25, 2021

South Dakota Mortgage Lender Bond

This guide provides information for insurance agents to help their customers obtain South Dakota Mortgage Lender 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

Table 1.1

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 lenders operating in South Dakota
  • Purpose: To ensure the public will receive compensation for any damages should the mortgage lender violate licensing law
  • Who Regulates Mortgage Lenders In South Dakota: The South Dakota Division of Banking

Background

South Dakota statute 54-14-13 requires all mortgage lenders 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 lenders engage in ethical business practices. In order to provide financial security for the enforcement of the licensing law, mortgage lenders must purchase and maintain a surety bond to be eligible for licensure.

What is the Purpose of the South Dakota Mortgage Lender Bond?

South Dakota requires mortgage lenders 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 lender 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 lender 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 lender breaks licensing laws.

South Dakota Mortgage Lender Bond Form

How Can an Insurance Agent Obtain a South Dakota Mortgage Lender Surety Bond?

BondExchange makes obtaining a South Dakota Mortgage Lender 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 Lender 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 Lender 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 Lender Bond Cost?

The South Dakota Mortgage Lender 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 a $25,000 bond requirement.

$25,000 Mortgage Lender Bond Cost

Table 1.2

Credit Score Bond Cost (1 year)
700+ $188
650 – 699 $250
625 – 649 $313
600 – 624 $470
550 – 599 $1,000
500 – 549 $1,250

How Does South Dakota Define “Mortgage Lender?”

South Dakota statute 54-14-12 defines a mortgage lender as any business entity who originates, sells, or services mortgages.

How Do Mortgage Lenders Apply for a License in South Dakota

Mortgage lenders 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 Lender License expires on December 31 of each year and must be renewed before the expiration date

Step 1 – Purchase a Surety Bond

Mortgage lenders must purchase and maintain a surety bond (limits outlined in Table 1.1)

Step 2 – Request a NMLS Account

The South Dakota Mortgage Lender 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

All South Dakota Mortgage Lender License applications can be completed online through the NMLS. Applicants must complete the entire application, and submit the following items:

    • 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
      • Products
      • Target markets
      • Fee schedule
      • Operating structure
      • History of Operations
    • Certificate of good standing
    • Copy of the following company policies
      • Underwriting policy for non-conforming loans
      • Information security policy
      • Compliance manual
      • Underwriting policy for reverse mortgage
    • Company formation documents
    • Company management and organizational charts
    • Sample mortgage servicing agreement
    • Detailed resumes for all control persons

Mortgage lenders 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 Lenders Renew Their License?

Mortgage lenders 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 Lender 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 Lender License?

South Dakota does not require mortgage lenders to purchase any form of liability insurance as a prerequisite to obtaining a business license. Mortgage lenders must purchase and maintain a surety bond (limits outlined in Table 1.1).

How Do South Dakota Mortgage Lenders File Their Bond?

Mortgage lenders 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 Lenders Do to Avoid Claims Against Their Bond?

To avoid claims on their bond, mortgage lenders 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 Lenders in South Dakota?

South Dakota does not require mortgage lenders 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 Lender Customers?

The NMLS conveniently provides a public database to search for active mortgage lenders 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.

2021-12-29T09:48:41-05:00