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Opinion

Opinion Summary of Selected Opinion 99-026

Date: 05/01/1999
Organization: Division of Banks
Docket Number: 99-026

This opinion was issued in the 2nd quarter of 1999.

Licensed mortgage lender may only engage in the business  of making mortgage loans under the name as it appears on the license

Massachusetts General Laws chapter 255E governs licensure of mortgage lenders. No authority exists under said chapter 255E for a mortgage lender to conduct business under an existing license while also using a trade name for all or any part of its business. The intent of the licensing framework set forth in said chapter 255E is to ensure that a consumer knows the identity of the entity with which he or she is doing business. To allow a lender to use a name other than the name which appears on its license would be contrary to this intent and foster potential consumer confusion regarding the identity of the licensee. Accordingly, it is not permissible for a licensed lender to conduct business under more than one name.

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