Out-Of-State Banks Making Mortgage Loans In the Commonwealth - Q1 1999

By the Division of Banks

Mass. Gen. Laws chapter 255E requires that any person or entity which desires to engage in the business of making mortgage loans or issuing commitments for mortgage loans on residential property must first obtain a mortgage lender's license from the Division. However, section 2 of said chapter 255E specifically exempts any bank organized under the laws of any other state from the mortgage lender licensing requirement. In the event the Bank desires to engage in mortgage lending through a subsidiary in Massachusetts, the subsidiary of the Bank would be required to obtain a mortgage lender's license pursuant to chapter 255E. In regard to the separate issue of registering to conduct business in Massachusetts, the Office of the Secretary of State registers foreign corporations doing business in the Commonwealth. For information regarding foreign corporation registration contact the Secretary of State at (617) 727-2850.