Connecticut: On July 1, 2021, Commissioner Perez issued an order establishing requirements for conducting business from a remote location. The 100-mile commutable distance rule was also removed. Connecticut did include the need to maintain records identifying the dates and locations of authorized remote office activity along with other requirements consistent with previous state agency guidance on remote work during the pandemic.
Kansas: On June 30th the state issued public guidance to allow remote work with a plan to introduce language in 2022 legislative session to codify this policy that originators and processors are not required to only work from a licensed office. Like all state actions, CML-2021-1 should be reviewed in detail, but the guidance states that mortgage companies should be mindful of the best practices offered for remote workers during the pandemic.
Massachusetts: On July 12th, the Division of Banks provided guidance to formally authorize the continued option for personnel to operate remotely from non-licensed locations, but subject to nine conditions detailed in the memo. While eight aligned with previous requirements from other state flexibilities, information regarding the specific activities conducted by personnel via remote work must be maintained and available upon request by the Division was also included. We encourage you to review the Guidance to Licensees and Registrants Regarding Employee Remote Work for full details.
Texas: Texas passed House Bill 3617 which removes the previous requirement for mortgage companies under section 156 to maintain a physical office in Texas. However, offices in Texas that conduct mortgage business will still need to be licensed. This goes into effect on September 1, 2021.
Keys state regulators have acknowledged the need to modernize and recognize how the mortgage world operates. The effort continues with several bills in the legislative process and more efforts to introduce branch licensing flexibility and allow remote work for all mortgage staff. These efforts began more than two years prior to the pandemic but will continue as advocacy pushes for modernization and increased access to credit.
For more information and how you can advocate for flexibility in your state, visit
www.mba.org/LicensingFlexibility/