This is directly from the California Department of Real Estate. Key to the type of license that you have to have when working as a Hard Money Broker is how the borrower intends to use the property. Please read the following to get answers to questions from above.
Bureau of Real Estate SAFE ACT ‐ Frequently Asked Questions
Do the New MLO License Endorsement Requirements Apply to Me? 1 Q. What is the definition of mortgage loan originator?
A. Mortgage loan originator means an individual who for compensation or gain in expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan.
Q. What is a residential mortgage loan? A. A residential mortgage loan is any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a dwelling. Dwelling means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit,, if it is used as a residence cooperative unit, mobile home, or trailer
Q. I broker only commercial mortgage loans. Do I need a Mortgage Loan Originator License Endorsement on my CalBRE license?
A. No.
Q. I am a broker or salesperson arranging residential mortgage loans 1-4 unit properties for investors. Do I need a Mortgage Loan Originator License Endorsement on my CalBRE license?
A. Yes, if the loan is made for personal, family, or household use. Note: A mortgage loan originator who only originates loans for investors who will use the loan to purchase rental properties for income will not need an originator license, but if any of those investors purchase a property for a family member or for other personal use, then he purchased it for personal, family or household use and the loan agent would have to have the MLO License Endorsement on the CalBRE license BEFORE soliciting the investor/borrower, taking an application or negotiating the loan terms. Disciplinary Do the New MLO License Endorsement Requirements Apply to Me? 6 action and penalties would apply if any of these activities were conducted without the MLO License Endorsement
The use of the property is key to determining the need for a Broker's License or an MLO license.