443.702.  Criminal background check, fingerprint submission. — 1.  The division of finance may require that fingerprint submissions be made as part of an application seeking licensure to act as a residential mortgage loan broker or a mortgage loan originator.

  2.  If the division of finance requires that fingerprint submissions be made as part of such application, the division of finance shall require applicants to submit the fingerprints to the Missouri state highway patrol for the purpose of conducting a state and federal fingerprint-based criminal history background check.

  3.  The fingerprints and any required fees shall be sent to the Missouri state highway patrol's central repository.  The fingerprints shall be used for searching the state criminal records repository and shall also be forwarded to the Federal Bureau of Investigation for a federal criminal records search under section 43.540.  The Missouri state highway patrol shall notify the division of finance of any criminal history record information or lack of criminal history record information discovered on the individual.  Notwithstanding the provisions of section 610.120 to the contrary, all records related to any criminal history information discovered shall be accessible and available to the division of finance.

  4.  For purposes of this section, the following terms mean:

  (1)  "Mortgage loan originator", an 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.  Mortgage loan originator does not include:

  (a)  An individual engaged solely as a loan processor or underwriter except as otherwise provided in sections 443.701 to 443.893;

  (b)  An individual that only performs real estate brokerage activities and is licensed or registered in accordance with the law of this state, unless the person is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator;

  (c)  An individual solely involved in extensions of credit relating to time-share plans, as the term time-share plans is defined in 11 U.S.C. Section 101(53D);

  (d)  An individual who is servicing a mortgage loan; or

  (e)  An individual employed by a licensed mortgage broker or loan originator who accepts or receives residential mortgage loan applications;

  (2)  "Residential mortgage loan broker", an individual, other than an exempt individual, engaged in the business of brokering, funding, servicing, or purchasing residential mortgage loans.