As better opportunities surface at non-bank firms, lawmakers are backing a bill that would make it easier for bank loan originators to cross over into the non-bank realm.
Currently, non-bank and bank mortgage loan originators are governed by different federal rules, making it difficult for bank originators to make the switch.
To provide a smoother path, U.S. Reps. Spencer Bachus, R-Ala.; Gary Peters, D-Mich.; and Gary Miller, R-Calif. introduced the "Qualified Mortgage Loan Originator Transitional Authority Act of 2013" in the House of Representatives.
The legislation aims to break down barriers faced by individuals working in the mortgage industry who want to move from a bank to a non-bank firm, the Community of Home Lenders Association said.
The act creates a transitional period of 90 days for an originator to complete the SAFE Act education and testing requirements that apply to non-bank firms.
"What we have here is the law of unintended consequences," said Robert Eustis, president and CEO of Eustis Mortgage in New Orleans.
He added, "A bank mortgage loan officer that is considered "qualified" on Friday does not meet the different requirements that apply when that same person moves to go to work the next Monday for a non-bank lender. This bill fixes that."
The act creates a buffer for loan officers, so they can do business at non-banks while fulfilling the differing SAFE Act requirements.