TITLE 7 BANKING AND FINANCE

Section 7. Loan Brokers, 7-7-1 through 7-7-6.

ARTICLE 2 RESIDENTIAL SECOND MORTGAGES

7-7-1. Definitions.

As used in this chapter, the term:

1. "Advance fee" means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.
2. "Borrower" means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.
3. "Loan broker" means any person, firm, or corporation who does not operate or maintain an office that is open regularly to the public for the transaction of business and where potential borrowers actually visit to transact, discuss, or negotiate potential loans and:
   1. For or in expectation of consideration, arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;
   2. For or in expectation of consideration, assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;
   3. Acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or
   4. Holds himself out as a loan broker.

      "Loan broker" does not include any regulated lender or any third party soliciting borrowers for a regulated lender pursuant to a written contract with the regulated lender or any mortgage banker or mortgage broker approved by a regulated lender or the federal Department of Housing and Urban Development, the Veterans' Administration, the Federal National Mortgage Corporation, or the Federal Home Loan Mortgage Corporation.

4. "Mortgage" means any indebtedness secured by a mortgage, deed of trust, security deed, or other lien on real property.
5. "Mortgage banker" means any person who in the regular course of business:
   1. Holds himself out as being able to make mortgage loans;
   2. Holds himself out as being able to service mortgage loans; or
   3. Holds himself out as being able to buy or sell mortgage loans.
6. "Mortgage broker" means any person who in the regular course of business for compensation or gain or in the expectation of compensation or gain holds himself out as being able to assist a person in obtaining a mortgage loan.
7. "Principal" means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.
8. "Regulated lender" means any person, firm, corporation, or subsidiary thereof that is licensed by and subject to regulation or supervision of any agency of the United States or this state and is acting within the scope of the license.

(Code 1981, §7-7-1, enacted by Ga. L. 1992, p. 1123, § 1.)