1301:8-7-01 Definitions.

The definitions provided in section 1322.01 of the Revised Code and the following defined terms, shall apply to this rule chapter and shall serve as the division's interpretation unless the language of the rule indicates to the contrary:

(A) As used in Chapter 1322. of the Revised Code and this chapter, "mortgage broker" includes those persons operating under the authority of sections 1322.01 to 1322.12 of the Revised Code who hold certificates of registration issued pursuant to those sections, those persons who should have obtained certificates but did not, and persons whose business is physically located in Ohio but who exclusively solicit buyers from states other than Ohio.

(B) As used in Chapter 1322. of the Revised Code and this chapter, "loan officer" includes those individuals who hold licenses issued pursuant to sections 1322.01 to 1322.12 of the Revised Code and those individuals who should have obtained licenses but did not.

(C) As used in division (C) of section 1322.08 of the Revised Code, "at the time that the request for the mortgage is refused or denied" means no later than five business days from the day that the loan application has been refused or denied.

(D) "Services of a mortgage broker" as used in division (A) of section 1322.01 of the Revised Code include, but is not limited to, services concerning residential mortgage loans and loans used to refinance an existing residential mortgage.

(E) Division (C) of section 1322.01 of the Revised Code shall not be construed to prohibit registrants from contracting with third party providers for the administration of payroll, tax, benefits, or other similar services. Contracting with such a provider does not alter the employee-registrant relationship for purposes of sections 1322.01 to 1322.12 of the Revised Code or this chapter.

(F) "Person," as used in chapter 1322. of the Revised Code and this rule chapter, means a natural person, corporation, partnership, company, limited liability corporation, association, an unincorporated organization, or any other group however organized.

(G) "Control" as used in division (C)(1)(a) of section 1322.02 of the Revised Code and this chapter, means ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting securities of the other entity, directly or indirectly or acting through one or more other persons.

(H) "Subsidiary," as used in division (C)(1)(a) of section 1322.02 of the Revised Code and this rule chapter, means a business entity of which a bank, savings bank, savings and loan association, credit union, or credit union service organization owns or holds of record equity interests entitling the bank, savings bank, savings and loan association, credit union, or credit union service organization to exercise a majority of the voting power in the election of directors or similar essential governance decisions.

(I) "Real Estate Settlement Procedures Act" means the Real Estate Settlement Procedures Act, 12 U.S.C. Sections 2601 et seq., and rules promulgated thereunder including Regulation X, 24 C.F.R. Sections3500 et seq., as in effect on January 1, 2007.

(J) "Truth in Lending Act" means the Truth in Lending Act, 15 U.S.C. Sections 1601 et seq., and rules promulgated thereunder including Regulation Z, 12 C.F.R. sections226 et seq., as in effect on January 1, 2007.

(K) "Theft," as used in sections 1322.04 and 1322.041 of the Revised Code and this chapter, means those offenses set forth as a theft offense in division (K) of section 2913.01 of the Revised Code except for those offenses, other than theft, specifically enumerated in division (A)(8) of section 1322.03 and division (A)(2) of section 1322.031 of the Revised Code.

Effective: 06/01/2007
R.C. 119.032 review dates: 11/15/2009
Promulgated Under: 119.03
Statutory Authority: 1322.12
Rule Amplifies: R.C. Chapter 1322
Prior Effective Dates: 1-22-95, 9-1-06