Comment Submitted by Andrew Gallasher, West Virginia Housing Institute Inc.

I am writing on behalf of the manufactured housing industry in West Virginia to comment on HUD proposals to the SAFE Act, 24 CFR 30 and 3400. West Virginia’s SAFE Act, passed last year, provides that the definition for a mortgage loan originator does not include a manufactured or modular home retailer employee who performs purely administrative or clerical tasks and who receives only the customary salary or commission from the employer in connection with the sales transaction. The industry in West Virginia asks that you clarify in your rule that the same exemption applies under this rule for employees in the manufactured and modular industry who engaging in what is purely an administrative task of accepting a loan application. We believe this dovetails nicely with your proposed definition under 3400.103 (66557) of the Federal Register vol. 74, No. 239, proposed Dec. 15, 2009. Under this section (2) you say, “An individual does not engage in the business of a loan originator merely by performing administrative or clerical tasks.” Section (C) (1) says the person takes an application “if the individual receives a residential mortgage loan application for the purpose or deciding (or influencing or soliciting the decision of another) … “ The West Virginia Office of Banking and the state Bankers Association provided the language used in our exemption. Neither wanted members of our industry to be in a position of being legally licensed to take loan applications. We believe this restriction is sensible. We do not want to be licensed as mortgage bankers, either. We encourage you to ensure such an exemption is included in the federal act when an employee is engaged in merely an administrative function. Thank you. Sincerely, Andrew V. Gallagher Executive director, West Virginia Housing Institute, Inc. Andy_wvhi@verizon.net