FAQs by Subject
How do I file a complaint on a financial institution?
To file a complaint, please fill out the FID complaint form (found here). Send the completed form and any associated documentation to the appropriate FID Industry Manager. Please note that the FID does not regulate federally chartered banks, savings and loan associations, or credit unions. Visit the helpful links section of our website for additional information on the primary regulators for these entities.
How do I verify a financial institution is licensed by FID?
Please see the financial institution’s corresponding section on the “Who We Regulate” section of this website for information on current licensees.
How can I visit the FID?
The FID’s staff travels outside of the office frequently. Further, the FID is located inside a secured facility and may be visited by making an appointment with an FID employee. Please contact the FID at 505-476-4885 or via the individual employee’s contact information located in the contact us section of our website or in the RLD Staff Directory.
Are there specific legal holidays for financial institutions?
Pursuant to Section 58-5-7 NMSA 1978, the Financial Institutions Division will publish a list of legal holidays for financial institutions on an annual basis.
Where can I find the Garnishment Equivalent Exemptions Table?
Pursuant to Section 35-12-7 NMSA 1978, the Financial Institutions Division has provided a table for equivalent exemptions for pay periods other than one week.
What does the FID say about licensees and telework?
FID has published guidance regarding licensee telework in a memo dated November 23, 2020, which is available on the Statutes, Rules, Guidance, Actions, and Hearings page of this website. While this guidance was issued during the COVID-19 emergency, it continues to be held in place.
Prior to COVID-19 emergency, the FID deemed 75 miles as an allowable commutable distance to a licensed branch. While the current guidance is subject to modification or revocation at any time, the FID does not currently have any plans to rescind the 2020 guidance. That said, the FID recommends licensees have a mitigation/contingency strategy plan in case the guidance is rescinded or significantly modified at some future point.
The New Mexico Secretary of State said I need to have approval to register my company name because it contains the word “bank” or similar. How can I obtain approval?
Pursuant to Section 58-1-76 NMSA 1978, “[i]t is unlawful for any unauthorized person … to represent that he is or is acting for a bank or to use an artificial or corporate name that purports to be or suggests that it is the name of a bank.” If, upon a review of the facts, the FID determines that the use and registration of the company name is deemed proper, the Director will issue a letter of no objection. To request this review, please go to our Find Forms and Applications page and find the “Request a No Objection Letter for Use of the Word Bank or Similar” form. Once completed, send the form and accompanying information to the Bank and Trust Industry Manager.
Automated Teller Machines (ATMs) FAQs
What are the requirements for owning or leasing an ATM in New Mexico?
Only New Mexico or federally chartered banks and credit unions can own or lease and operate an ATM in in New Mexico. For details please refer to the Banking Act § 58-16-1, et seq., NMSA 1978
How do I apply to install or relocate an ATM?
Applications for approval to install or relocate ATMs may be made by letter to the Bank and Trust Industry Manager pursuant to § 58-16-1, et seq., NMSA 1978 (Remote Financial Services Units). A statutory fee of $400 for each ATM, payable to the FID, must accompany the application. The application letter should include the following:
a. name of the bank;
b. address where the ATM will be located;
c. brief description of the location;
d. why bank management believes the location is in the public interest; and
e. how bank management believes the ATM will meet the needs and promote
the convenience of the area to be served.
Is there a limit on ATM charges to customers in New Mexico?
No. Banks and credits unions can set their own ATM fees.
Is there a maximum amount that can be charged for overdraft or not sufficient funds (NSF) items?
No. Banks and credit unions can set their own overdraft and NSF fees.
Can the bank take money from one account to cover an overdraft or past due payment on another account?
Generally, yes. The practice is generally called “right of set-off” or “right of off-set” and is disclosed to you at the time you open your account.
Is my money safe when a bank is merged, liquidated, or placed in receivership?
Yes. The Federal Deposit Insurance Corporation insures your funds up to $250,000 (and more, depending upon the circumstances). To calculate your coverage, please visit the FDIC’s Electronic Deposit Insurance Estimator (EDIE) web site at https://edie.fdic.gov/.
How do you start a bank in New Mexico?
Anyone who wants to start a bank chartered in New Mexico must file an application with the FID and the Federal Deposit Insurance Corporation (FDIC). If they wish to be a state member bank, they must also file an application with the Federal Reserve Bank. The interagency application can be obtained by visiting the FDIC web site at www.fdic.gov. The application will include a business plan and the minimum capital requirement will be established by the regulators based on the risk profile of the business plan.
Are New Mexico banks required to observe a legal lending limit?
New Mexico state chartered banks are required to limit the total amount of loans to an obligor, typically calculated as 35% of capital and surplus. It is the position of the FID that “obligor” includes guarantor relationships. To explore the full requirements and exemptions of the legal lending limit in New Mexico, please refer to § 58-1-24 NMSA 1978 (Diversification of Loans and Investments) and Rule 12.16.22 NMAC (Capital and Surplus).
Whom do I contact with other questions on banks?
For questions and concerns about New Mexico state chartered banks, please contact the Bank & Trust Industry Manager.
Collection Agencies, Branches, Managers, and Repossesors FAQs
What is a Collection Agency?
A collection agency is any person engaging in business for the purpose of collecting or attempting to collect, directly or indirectly, debts owed or due or asserted to be owed or due another, where such person is so engaged by two or more creditors. The term also includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
Are third party mortgage loan servicers required to obtain a collection agency license?
It depends. Pursuant to § 61-18A-2(C)(7)(c) NMSA 1978, the definition of a collection agency does not include a third party servicer of debt of which was not in default at the time the debt was obtained. Based upon the statutory definition, third party mortgage servicers are not required to be licensed in New Mexico as long as any loan serviced by such servicer was not in default upon obtaining it.
Are collection agencies required to have a surety bond?
Yes. Collection agencies are required to maintain a surety bond of $5,000 or an amount equal to the proceeds due clients for at least two average collections during the previous year not to exceed $25,000. An additional $5,000 surety bond is required for each branch licensed. To calculate the required bond amount, utilize the Surety Bond Calculator available on the FID’s website.
Are collection agencies required to maintain a New Mexico office?
Yes, collection agencies are required to maintain a New Mexico office to which the licensed Collection Agency Manager must be physically present at least seventy-five percent (75%) of the time during which the office is open for business.
Are collection agencies required to obtain a license for each of my branches?
Yes. Applications are available in the forms and applications section of FID’s website.
Are there rules and laws with which Collection Agencies must comply?
Collection agencies in New Mexico must comply with the Collection Agency Regulatory Act (§ 61-18A-1, et seq., NMSA 1978), the Fair Debt Collection Practices Act (15 US Code § 1692e), and rules promulgated thereto.
Is a collection agency manager applicant required to complete an examination as part of licensure?
Yes. FID staff will administer a test to all new collection agency manager applicants. The fee for the examination is $100 and is available by appointment only.
What qualifications must a collection agency manager applicant possess?
A manager applicant must:
- be a US citizen,
- be a resident of New Mexico,
- have reached the age of majority,
- not have been convicted of a felony or crime involving moral turpitude,
- be a high school graduate or equivalent high school education,
- pay the collection agency manager examination fee,
- pass the collection agency manager examination,
- have been actively and continuously engaged or employed in the collection of accounts receivable for at least two of the five years preceding the filing of the application, and
- possess good credit.
Does a towing license from the New Mexico Public Regulation Commission (PRC) authorize my company to repossess vehicles in New Mexico?
No. A person must obtain a repossessor’s license from FID prior to conducting vehicle repossessions.
Are repossessors required to have a surety bond?
Yes. Repossessors are required to obtain a surety bond of at least $5,000.
What is required for an address change for a collection agency, branch, manager, or repossessor license?
For any change of address, these entities must submit a letter requesting permission from FID, accompanied by a fee in the amount of $15.
What is required for a collection agency, branch, manager, or repossessor to surrender a license?
To surrender a collection agency, branch, manager, or repossessor license, a licensee must submit a letter on company letterhead to the Director of FID and include a copy of the surrendered license. The letter must provide detailed information as to the reason for license surrender. For a collection agency, branch, or manager, the letter must also provide detailed information regarding the collection of any outstanding accounts.
Whom do I contact with other questions collection agencies or repossessors?
For questions and concerns about New Mexico collection agencies and repossessors, please contact the Consumer Industry Manager.
Credit Unions FAQs
How does one start a credit union in New Mexico?
Any seven or more residents of this state of legal age that share the common bond referred to in § 58-11-21 NMSA 1978 may organize a credit union and become charter members thereof by complying with this section. The organizers shall prepare, adopt and execute in triplicate articles of organization and agree to the terms thereof. The articles shall state:
- The credit union’s name and the location of the proposed credit union’s principal place of business;
- That the existence of the credit union shall be perpetual;
- The names and addresses of the organizers; and
- That each member shall subscribe to one share of the credit union.
The organizers shall prepare, adopt and execute in duplicate bylaws consistent with the Credit Union Act (§ 58-11-1, et seq., NMSA 1978) for the general governance of the credit union. The organizers shall select at least five persons who are eligible for membership and who agree to become members and serve on the board of directors and at least three other persons who are eligible for membership and who agree to become members and serve on the supervisory committee. The persons selected to serve on the board of directors and supervisory committee shall execute an agreement to serve in these capacities until the first annual meeting or until the election of their respective successors, whichever is later.
The organizers shall forward the triplicate articles of organization, the duplicate bylaws, and the agreements to serve to the director who shall act upon the application within sixty days. The director shall issue a certificate of approval if the articles and bylaws are in conformity with applicable provisions of the Credit Union Act and he is satisfied that:
- The characteristics of the common bond set forth in the proposed bylaws are favorable to the economic viability of the proposed credit union;
- The reputation and character of the initial board of directors and supervisory committee provide assurance that the credit union’s affairs will be properly administered; and
- The share and deposit insurance requirements of Section 58-11-48 NMSA 1978 will be met.
What is the minimum amount required to start a credit union in New Mexico?
The minimum amount of donated capital required to start a credit union is dependent upon the business plan submitted. The business plan must detail the startup cost of the credit union along with money available for the operations of the credit union until it becomes self-sufficient.
Whom do I contact with questions concerning credit unions?
For questions and concerns about New Mexico credit unions, please contact the Credit Union and Endowed Care Cemetery Industry Manager.
Endowed Care Cemetery FAQs
The FID does not license or regulate the operations of cemeteries, including endowed care cemeteries, municipal cemeteries, fraternal cemeteries, religious cemeteries, or family burial grounds.
Does any state agency regulate non-perpetual care (non-endowed) cemeteries?
There is no state agency that regulates non-perpetual care cemeteries. However, the State Health Department will step in if the cemetery in question poses a health hazard to the community and the Attorney General’s Office Consumer Protection Division, (505) 827-6060, will investigate deceptive trade practice violations. Individual counties and cities also regulate cemeteries and should be contacted directly.
Can I bury on my own property?
State, county, and city laws should be consulted prior to doing this.
Can I cancel a cemetery contract?
The statute does not provide for mandatory cancelation provisions. In most instances, the cemetery will not allow the purchaser to cancel a contract and thus, no refund options are available.
Are the prices and fees cemeteries charge regulated by FID?
No, there is no price regulation in the cemetery industry.
Do I have to purchase an outer burial container?
If the cemetery’s rules and regulations require the use of an outer burial container, you must have one for burial. It is a decision made by the individual cemetery.
What is a lawn crypt?
A lawn crypt is a subsurface burial container installed in multiple units that has a system for drainage and moisture control. Lawn crypts may only be sold in dedicated lawn crypt gardens.
Whom do I contact with other questions concerning endowed care cemeteries?
For questions and concerns about endowed care cemeteries, please contact the Credit Union and Endowed Care Cemetery Industry Manager.
Escrow Company FAQs
What is the definition of escrow?
“Escrow” means any transaction in which one person, for the purpose of effecting the sale, transfer, encumbrance, or lease of real or personal property to another person, or for the purpose of making payments under any encumbrance of such property, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by that third person until the happening of a specified event or the performance of a prescribed condition, when the instrument, money, evidence of title, or thing of value is to be delivered by the third person to a grantee, grantor, promise, promisor, obligee, obligor, bailee or bailor, or to any of his agents or employees, pursuant to the written escrow instructions.
What is an escrow company?
An “escrow company” means any person engaged in the business of receiving escrows for deposit or delivery for compensation that is required to be licensed under the Escrow Company Act.
Are escrow companies and title companies the same thing?
Not generally. Title companies typically provide what is referred to as “escrow closing services” by “escrow closing agents,” which is generally a one-time action completed on behalf of a buyer and seller for the purpose of consummating a real estate transaction. Escrow closing agents are defined in NMAC 220.127.116.11(G) and are specifically exempted from FID’s licensing requirements. While a few title companies are also engaged in escrow company activities, and therefore hold an escrow company license through FID, they are not required to offer these services and many do not.
Is New Mexico a licensing state for escrow companies?
Yes. No person shall engage in business as an escrow company unless that person is licensed as an escrow company. However, escrow closing agents are defined in NMAC 18.104.22.168(G) and are specifically exempted from FID’s licensing requirements.
Is an escrow company required to maintain a bond?
An escrow company is required to maintain a bond in the amount of $100,000.
Whom do I contact with questions concerning escrow companies?
For questions and concerns about escrow companies, please contact the Mortgage and Escrow Industry Manager.
Loan Production Office (LPO) FAQs
What is an LPO?
LPOs are responsible for growing loan business for a bank. LPOs are limited to the following activities:
- soliciting loans on behalf of its bank, or branch thereof, by any means which discloses the nature and limitations of the LPO;
- providing information on loan rates and terms;
- interviewing and counseling loan applicants; and
- aiding customers in the completion of loan applications.
How do I start a Loan Production Office in New Mexico?
Only a state chartered or federally chartered bank may apply to open a Loan Production Office in New Mexico. This application must be submitted to the Bank and Trust Industry Manager in writing with the information below:
- the name of the bank and its FDIC Insurance Certificate Number,
- the location of the LPO,
- the number of officers and other personnel to be employed at each LPO location,
- the name and address of the bank at which loans will be approved or denied and disbursements made,
- a copy of the Statement of Condition of the sponsoring bank; and
- the applicant bank must attest in writing that they will comply with Rule 22.214.171.124 NMAC.
Whom do I contact with questions concerning LPOs?
For questions and concerns about LPOs, please contact the Bank and Trust Industry Manager.
Money Service Businesses (MSBs) FAQs
What type of licenses does New Mexico offer for MSBs?
The FID issues three different license types of license types for MSBs:
- Check Casher License: This license is required for any company or person engaging in the business of check cashing or advertising, soliciting, or holding itself out as providing check cashing for which the person receives at least two thousand five hundred dollars ($2,500) within a thirty-day period. Check cashing means receiving compensation for taking payment instruments or stored value, other than traveler’s checks, in exchange for money, payment instruments, or stored value delivered to the person delivering the payment instrument or stored value at the time and place of delivery without an agreement specifying when the person taking the payment instrument will present it for collection.
- Currency Exchange License: This license is required for any company or person engaging in the business of currency exchange or advertising, soliciting, or holding itself out as providing currency exchange for which the person receives revenues equal or greater than five percent of their total revenues. Currency exchange means receipt of revenues from the exchange of money of one government for money of another government.
- Money Transmitter License: This license is required for any company or person engaging in the business of money transmission or advertising, soliciting, or holding itself out as providing money transmission. Money transmission means selling or issuing payment instruments, stored value, or receiving money or monetary value for transmission. Money transmission does not include the provision solely of delivery, online or telecommunications services, or network access.
What are the requirements to become licensed as an MSB in New Mexico?
Money service businesses are required to complete a license application through the Nationwide Multistate Licensing System (NMLS). Requirements for each specific license type are provided on the new application checklists in the forms and applications section of our website.
I am an authorized agent / delegate for a licensed money transmitter. Do I need to register my business as such with the State of New Mexico?
Yes, any business engaged in check cashing services whose revenue is less than $2,500 in any given 30 day period may apply for a license exemption with the FID.
Are virtual currency exchanges or other businesses engaged in the exchange of crypto currency for monetary value required to be licensed as a money service business?
Yes. Pursuant to the definitions of “money”, “monetary value”, “money transmission”, ”payment instrument”, “stored value”, and “internet-based money services business” as contained within the Uniform Money Services Act § 58-32-102 NMSA 1978, it is the position of FID that any entity engaged in the business of providing the exchange of virtual currency for money or any other form of monetary value or stored value to persons located in the State of New Mexico must be licensed by the FID as a money transmitter.
Are MSBs required to have a surety bond?
Surety bonds are required for money transmitter licenses only. Pursuant to § 58-32-203(A) NMSA 1978, money transmitters must maintain a minimum surety bond of $300,000 or 1% of the total yearly dollar volume of money transmission business within the State of New Mexico, whichever is greater. Surety bonds amounts are capped at $2,000,000. A surety bond requirement calculator is available on the MSB section of our website.
I am in process of completing a licensee application for my business, who would be defined as a control person?
Control persons are defined as direct owners, indirect owners, and executive officers.
I am applying for a Money Transmitter license in New Mexico, but my company’s name contains the word “trust”. What are the extra steps I need to take when applying for my license?
Please see the Statutes, Rules, Guidance, Actions, and Hearings page and review the “Regulatory Guidance Regarding Use of the Word Trust in Non-Trust Company Names” issued on July 7, 2023.
I have recently been approved for an MSB license. When will I receive a license certificate and license number?
The FID does not issue license certificates or license numbers for MSBs. The NMLS ID number assigned to your business will be the New Mexico license identifying number.
When does my license expire?
All Money Transmitter, Check Casher, and Currency Exchange licenses expire on December 31 of each calendar year.
Are there any annual reporting requirements for MSBs?
Yes. FID requires reporting of all authorized agents and/or delegates due within 45 days after the end of each fiscal quarter. The reports must be submitting by utilizing the Uniform Authorized Agent Reporting (UAAR) functionality in the NMLS system.
The New Mexico Attorney General may require additional money laundering reporting for federal currency, recordkeeping, and suspicious transactions. For information, contact the Attorney General’s Office.
What is the process for submitting a change of control for an MSB?
MSBs are required to submit an advance change notice through the NMLS system for all direct and indirect proposed control changes. Businesses are required to submit $2,000 non-refundable fee for any control changes of 25% or more for the licensee or parent company. Detailed information regarding any such control change, including a revised organization chart showing ownership percentage changes, is also required.
What is required if I wish to surrender my MSB license?
To surrender an MSB license, a licensee must log into their NMLS account and follow the steps provided. FID requires licensees to provide detailed information as to the reason for license surrender and a surrender effective date.
Whom do I contact with questions concerning MSBs?
For questions and concerns about MSBs, please contact the Consumer Industry Manager.
Mortgage Loan Companies and Mortgage Loan Originators FAQs
What is a mortgage loan company?
A “mortgage loan company” means any person who, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly:
- Accepts an application for a mortgage loan, negotiates terms for a mortgage loan, or solicits, processes, originates, brokers or makes mortgage loans for others;
- Closes mortgage loans that may be in the mortgage loan company’s own name with funds provided by others and that are assigned to the mortgage lenders providing the funding of such loans; or
- Offers to:
i. Accept an application for a mortgage loan;
ii. Negotiate terms for a mortgage loan; or
iii. Solicit, process, originate, broker or make mortgage loans for others.
Is New Mexico a licensing state for mortgage loan companies?
Yes. All mortgage loan companies doing business in New Mexico must obtain a license through the Nationwide Multistate Licensing System (NMLS).
Who can be a qualified manager for a mortgage loan company?
Anyone who is a control person or an employee of a mortgage loan company, so long as they meet the requirements of a qualified manager, which are:
- they must be a licensed mortgage loan originator; and
- they must have verifiable experience in the mortgage lending industry for at least two of the past four years.
Do mortgage loan company branches need to be licensed?
Yes, if they are conducting business in New Mexico on residential property.
Are mortgage loan companies required to maintain a physical location in New Mexico?
Does the mortgage loan company license cover first and subordinate lien mortgage transactions?
Yes. It covers all residential mortgage loan products and transactions including chattel.
Does New Mexico provide any mortgage exemptions for mortgage loan companies?
Yes, the following persons are exempt from all provisions of the Mortgage Loan Company and Loan Broker Act (§ 58-21-1, et seq., NMSA 1978):
- banks, trust companies, savings and loan associations, credit unions, insurance companies, and real estate investment trusts as defined in 26 US Code § 856;
- an attorney licensed to practice law in New Mexico who is not principally engaged in the business of negotiating loans secured by real or personal property, when the person renders services in the course of his practice as an attorney;
- a New Mexico-licensed real estate broker rendering service in the performance of his duties as a real estate broker who obtains financing for a real estate transaction involving an actual bona fide sale of real estate or real estate contract handled by the broker and who receives only the customary real estate broker’s commission in connection with the transaction;
- a person doing an act under order of a court;
- an individual making a single mortgage loan in a calendar year with the individual’s own funds for the individual’s own investment without the intent to resell the mortgage loan;
- the United States of America, State of New Mexico, or any of their branches, agencies, departments, boards, instrumentalities, or institutions, and all political subdivisions of the state and their agencies, instrumentalities, and institutions; and
- a company licensed as a small business investment company under the federal Small Business Investment Act of 1958.
Who should be licensed as a mortgage loan originator?
Any individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan.
Do processors or underwriters need a license?
It depends. Processors or underwriters do not need a license if they perform clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing pursuant to the Mortgage Loan Company Act. Processors or underwriters do need a license if they are an independent contractor.
Are there any requirements for licensure for mortgage loan originators?
Yes. A mortgage loan originator must:
- apply for a license through NMLS and obtain a unique identifier number;
- take 20 hours of mortgage education, which will include 3 hours of New Mexico specific classes;
- pass a national and state specific test;
- provide a credit report obtained by the NMLS;
- pass a background check with fingerprints; and
- have a surety bond or be sponsored by a mortgage loan company that is licensed and bonded in the State of New Mexico.
Are there any continuing education requirements for licensed mortgage loan originators?
Yes. A mortgage loan originator is required to obtain 8 hours of continuing education, which includes 1 hour of New Mexico specific education. The continuing education is not required in the same calendar year that the mortgage loan originator first obtains their license.
Does New Mexico provide any mortgage exemptions for mortgage loan originators?
Yes. The following are exempt from the provisions of the New Mexico Mortgage Loan Originator Licensing Act:
- registered mortgage loan originators when acting for an entity defined in § 58-21B-3(P)(1) NMSA 1978 of the New Mexico Mortgage Loan Originator Licensing Act;
- an individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual;
- an individual who offers or negotiates terms of a real property sale financed in whole or in part by the seller and secured by the seller’s real property; or
- a licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney’s representation of the client, unless the attorney is compensated by a lender, a mortgage loan company, or other mortgage loan originator or by any agent of such lender, mortgage loan company, or other mortgage loan originator.
Do I need to get a corporate surety bond?
Yes. Each mortgage loan company or mortgage loan originator, if not sponsored by a mortgage loan company, must maintain a corporate surety bond. The bond must be in an initial amount of fifty thousand dollars ($50,000) for the first year. After the first year, the following scale will determine the surety bond necessary based on loans closed in New Mexico:
- $0 to three million dollars ($3,000,000): fifty thousand dollar ($50,000) bond;
- Over three million dollars ($3,000,000) to ten million dollars ($10,000,000): one hundred thousand dollar ($100,000) bond; and
- Over ten million dollars ($10,000,000): one hundred fifty thousand dollar ($150,000) bond.
When do mortgage loan company and mortgage loan origination licenses expire?
Licenses expire on December 31 of each calendar year.
When are mortgage loan company or mortgage loan originator license renewal application forms and fees due?
All licenses expire on December 31 of each year. All license renewal applications will begin being processed on November 1 of each calendar year and are due by December 31.
What if there is a change of name or address?
Licensed mortgage loan companies and originators must submit any changes to their status through the NMLS and pay a fee of $50.
How long must I keep my mortgage files and records?
The required retention period is six years pursuant to § 58-21-11 NMSA 1978. These files and records can be kept in physical form or can be stored on any accessible electronic medium.
Does the FID conduct examinations of mortgage loan companies or originators?
Yes. As a licensed mortgage loan company or mortgage loan originator with the State of New Mexico, you or any of your branches are subject to an examination of your mortgage files, books, and records.
Is there a fee for the examination?
No, unless the examination results in an investigation of the mortgage loan company or mortgage loan originator.
How many loans can be made in New Mexico without a license?
Unless specifically exempted in statue, none.
What types of mortgage loan products am I allowed to broker or fund?
Any lawful residential mortgage loan secured by a dwelling. A “dwelling” means a residential structure that contains one to four units whether or not that structure is attached to real property. “Dwelling” includes an individual condominium unit, an individual cooperative unit, a mobile home, and a trailer if used as a residence.
Are my internet business activities as a mortgage loan company or mortgage loan originator licensing requirements?
Yes, if you are conducting business involving New Mexico property.
What is a table funding?
Table funding is a simultaneous closing where there is a transfer or sale of a property and the note created between the buyer and seller is purchased by an investor at the same closing table where the real estate transaction is taking place.
Do I need a Certificate of Authority to do business in New Mexico? If I am out of state, do I need to be registered as a foreign corporation to do business in New Mexico?
Are there any state specific disclosures that are required by New Mexico?
Yes. There is a mortgage loan summary and a mortgage loan compensation disclosure that are required to be disclosed to the borrower(s) at least two days prior to closing and a Rate Lock disclosure. The requirements for these disclosures are set in Rule 126.96.36.199 NMAC.
Who is required to be licensed?
If the activities performed by an individual or a business involves the activities contemplated in the definition of a “mortgage loan originator” pursuant to § 58-21B-3(K) (the New Mexico Mortgage Loan Originator Licensing Act), and/or the definition of a “mortgage loan company” pursuant to § 58-21-2(I) (the Mortgage Loan Company Act), the licensure requirement is triggered. FID must comply with the letter of the law in considering whether the activities of any person or individual requires licensure and must do so apart from of any other activities or services performed. The statutes do not provide a grace period for licensure for this activity.
Whom do I contact with questions concerning mortgage loan companies and originators?
For questions and concerns about mortgage loan companies and originators, please contact the Mortgage and Escrow Industry Manager.
Motor Vehicle Sales Finance FAQs
How many doing business as (DBA) names can a Motor Vehicle Sales Finance License hold?
A Motor Vehicle Sales Finance License is only allowed to hold one DBA name per license.
Is a bond required to obtain a Motor Vehicle Sales Finance License?
No, a bond is not required to obtain a Motor Vehicle Sales Finance License.
What is required for an address change for a Motor Vehicle Sales Finance License?
It is a requirement to send a letter requesting permission from the FID, along with a fee in the amount of $25.
What is required if I wish to surrender my license?
To surrender a Motor Vehicle Sales Finance license, a licensee must submit a letter on company letterhead to the FID along with a copy of the surrendered license. The letter must provide detailed information as to the reason for license surrender and the collection of any outstanding accounts.
Whom do I contact with questions concerning Motor Vehicle Sales Finance?
For questions and concerns about motor vehicle sales finance, please contact the Consumer Industry Manager.
Small Loan Company FAQs
What are the requirements to start a small loan company in New Mexico?
In order to be licensed as a Small Loan Company, you must complete a Small Loan Company license application and submit the completed application to the FID. The application details all the requirements necessary for a person to apply for a Small Loan License.
Are there rules and laws with which small loan companies must comply?
Yes, small loan companies in New Mexico must comply with the New Mexico Bank Installment Loan Act § 58-7-1, et seq., NMSA 1978, the Small Loan Business Act § 58-15-1, et seq., NMSA 1978, and rules promulgated thereto.
Is there a maximum Annual Percentage Rate that small loan companies can charge me?
Yes, small loan companies in New Mexico must comply with the New Mexico Bank Installment Loan Act § 58-7-1, et seq., NMSA 1978, the Small Loan Business Act § 58-15-1, et seq., NMSA 1978, and rules promulgated thereto. Both of these Acts limited the Annual Percentage Rate (APR) that a small loan company can legally charge you. These laws and associated rules went into effect for loans made beginning on January 1, 2023.
The APR is the cost of your credit as a yearly rate. APR is a combination of the interest rate plus the fees charged on your loan. APR is higher than the interest rate because it includes both fees and interest as finance charges.
Your actual terms and the Annual Percentage Rate (APR) will be determined at the time your application is submitted and will be based upon your application and credit information. Not all applicants will qualify for the lowest rate.
The calculation of APR is mandated pursuant to Federal Law (12 CFR Part 1026 – Truth in Lending Act (“TIL-APR”)). It is intended to provide a single value for a consumer to compare the cost of credit between one lender and another. Under New Mexico law, an additional type of annual percentage rate (“NM-APR”) must be disclosed, which may include additional charges that are not included in the TIL-APR. The NM-APR for a loan in an amount of more than $500 and up to $10,000 made pursuant to the Small Loan Act of 1955 or the Bank Installment Loan Act of 1959 cannot exceed thirty-six percent. The NM-APR for a loan in an amount of $500 or less made pursuant to the Small Loan Act of 1955 or the Bank Installment Loan Act of 1959 cannot exceed thirty-six percent plus a fee that shall not exceed five percent of the total principal of the loan and shall not be imposed on any borrower more than once per twelve-month period.
Please be aware that foreign (offshore, non-US) companies and Native American lenders who operate on tribal land are not subject to these laws. Be sure to ask questions about the company’s licensure and your specific rates before signing any paperwork.
What is required for an address change for a Small Loan License?
It is a requirement to send a letter requesting permission from the FID along with a fee in the amount of $25.
Is my company required to submit an annual report if no loans were originated or made in the prior calendar year?
Yes, any licensee that did not originate a single loan in the amount of $10,000 or less within the prior calendar year is required to submit a letter on company letterhead to the FID. Included in the submission, a completed Signature of Certification form attesting that no loans were made in prior calendar year in the amount of $10,000 or less is required.
What is required if I wish to surrender my license?
To surrender a small loan company license, a licensee must submit a letter on company letterhead to the FID along with a copy of the surrendered license. The letter must provide detailed information as to the reason for license surrender and for the collection of any outstanding accounts. Surrendering a license does not exempt your company from the mandatory annual reporting requirement for loans made prior to surrendering.
Whom do I contact with questions concerning small loans or lenders?
For questions and concerns about small loans or lenders, please contact the Consumer Industry Manager.
Trust Company FAQs
What is a trust company?
A trust company is an entity holding a certificate of authority issued pursuant to the Trust Company Act, § 58-9-1, et seq., NMSA 1978 to engage in “trust business.”
What does “trust business” mean?
“Trust business” means the holding out by a person, legal entity, or corporation to the public that they are available to act as a “fiduciary” in this state or is accepting and undertaking to perform the duties of a fiduciary in the regular course of its business (even if acting as a fiduciary is not the primary focus of said business).
What is a fiduciary?
A fiduciary is an executor, administrator, conservator, or trustee.
What is the required minimum capital to set up a trust company in New Mexico?
The minimum capital requirement shall be in the amount of $500,000, unencumbered, and FDIC insured or issued by the US Treasury.
How do you set up a trust company in New Mexico?
An application for a certificate shall be in writing and delivered to the Bank and Trust Industry Manager. An application fee applies, as prescribed by §58-9-5 NMSA 1978. The application should include the following sections, at a minimum:
- a “Biographical and Financial Report” for every director and officer of the trust company. This report is available under the forms and applications section of our website;
- proof of liquid capital, FDIC insured or issued by the US Treasury;
- proof of sufficient fidelity bond and insurance;
- three to five years pro-forma for the trust company;
- strategic and succession plans;
- appropriate policies; and
- any other information the applicants believe will aid the Director of the FID in rendering an informed decision.
Whom do I contact with questions concerning trust companies?
For questions and concerns about trust companies, please contact the Bank and Trust Industry Manager.