rental property software. You
Rental Property Tracker Plus Easy to use rental property management software for rental managers and landlords... Click here to get a free trial copy of this rental property software. You pay only $149 after your 10 day free trial! (Includes Customer Support) Satisfaction Guaranteed or Your Money Back! Rental Property Tracker Plus is easy-to-use , software for rental property management with which you can: Keep track of all your rental units, tenants, rental income and expenses. Organize all your property rental manager activities, tasks, contacts, and even appointments with this productivity software suite. Accepts government subsidies (Section 8 certificate and voucher programs for example) as partial rent payments. Assign multiple tenants to any unit. The number of units and tenants is only limited by memory and CPU speed. Send form letters to any or all contacts, tenants or owners. Prepare property manager accounting reports for printing or exporting to a spreadsheet quickly and accurately. Make income tax preparation easier with this rental tracking software . Receipts, Statements, Notices and Reports can be translated into any language . Free trial rental property software to download for all Windows and Macintosh computers. Data can be shared between any of these computers. Customize colors, currency symbol ($, £, ¥, €, etc.), date, time, distance and liquid measure formats, report font and size, etc. in this relational database. Guided Tour included with this rent tracking software. Get FREE Customer Support when you register! Version 1.8.5.2 has just been released. Click here to see what's new. Click here to find out about Vacation Rental Tracker Plus, the perfect lodging rental management software for single & multi-property Hotels, Motels, Resorts, Condos, etc... Rental Property Tracker Plus contains all of the following Rental Management Software: This rental expense tracking software keeps track of all your rental expenses including advertising, cleaning & maintenance, insurance, management fees, mileage, repairs, utilities, etc. You can also print checks and view balances with the Checkbook Register. Easily create reports for tax returns. Click here for more information about Rental Expense Tracker. This rent payment tracking software keeps track of all your rental income for weekly, monthly or multiple month rental periods. Easily generate rental receipts and reports for accounting or tax returns. Click here for more information about Rental Income Tracker. This component will help you keep track of deposits and payments to your Accounts, and all your miscellaneous income such as coin operated vending machines, laundry, etc. Click here for more information about Other Income Tracker. This building management software keeps track of all your rental property including past and present tenants, descriptions, condition notes, etc. Easily create reports. Click here for more information about Rental Unit Tracker. This tenant tracking software keeps track of all your tenants and their phone numbers, payment history, etc. Easily create leases, reports and notices. Click here for more information about Tenant Tracker. This electronic address book keeps track of both business and personal contacts including their name, address, phone(s), and associates as well as any notes about previous interactions. You can print or export your contact list to other programs including Palm Desktop. You can also easily print envelopes or all contact information including notes. Also includes an area code locator which will tell you what cities are in a specified area code and what area codes are in a specific city or state. Click here for more information about Contact Tracker. Keep track of all your appointments, birthdays, etc. with this versatile electronic date book. You can set an event to repeat every day, every other day, every week day, every week, every other week, every month on the same date, every month on the same day of the month, or every year for as long as you specify. You can print daily, weekly and monthly schedules too. Import or export your appointments to other programs including Palm Desktop. Click here for more information about Schedule Tracker. This To Do list generator helps you remember and prioritize all the things you think of as you are working. You can easily sort your task list by priority, date entered, deadline or task name. Then you can print or export your list to another program such as Palm Desktop. Click here for more information about Task Tracker. Here is a simple number calculator that will also: compute a date that is x number of days before or after a date you specify; let you know the day of the year of any date; tell you what time it is anywhere in the world; convert just about any US or British length, volume or weight to it's metric equivalent with the conversion calculator; figure the amount of foreign currency that a number of dollars is worth (or the other way around) given the current exchange rate with the currency calculator; and easily compute discounts and sales tax on any amount. Click here for more information about the Universal Calculator. Click here to get your copy of Rental Tracker now! ©2005 Garth Catterall-Heart SpiritWorks Software Development 503-560-1028 PO Box 685 Carlton, OR 97111 e-mail: info (at) SpiritWorks-software.com Terms of Use, Refund and Privacy Policy
Real Estate Investing Effective
5 Steps To Successful Real Estate Investing Add URL RLROUSE Directory & Informational Resources Site Map Home Add URL SEO Toolkit SEO Blog Webmaster / SEO Info Featured Stores Featured Text Listings Birdhouses Birdfeeders Great Recipes Articles -> Personal Finance -> Birding -> Crafts -> Lawn & garden -> Webmaster -> PC technology -> Steps to success -> Travel -> Your health -> The 50 US States -> Bluegrass Music -> Picture of the day -> Submit article Freebies Privacy policy Contact us Link to us Newsletter About us Recommend Advertise with us Site map 5 Steps To Successful Real Estate Investing Effective real estate investment strategies As the stock market continues having its ups and downs, more and more investors are looking for alternatives. Often they turn to real estate investing , the "safe" place to invest their money. But not so fast! Sadly, the majority of real estate investors have received little useful information and/or bad real estate investment advice. They jump right in and work extremely hard, only to lose most or all of their huge investment. "Real estate investing isn't a one-size-fits-all proposition, so it's wise to lay a good foundation before laying down your cash," explains Vena Jones-Cox, also known as the "Reliable Real Estate Expert". Over the years, she has compiled this series of steps that every real estate investor should follow: Join a Real Estate Investment Association There is no book you can read, no course you can take, and no experience you can acquire on your own that can even come close to the real estate education you'll get by spending time around people who are already buying, selling, and managing properties. The successes and failures of real-life real estate investors will teach you more (and motivate you more) than even the most complete classroom education you can find. Decide what you want in regards to your real estate investing No, that doesn't simply mean "I want to buy properties." Buying properties is simply a way to achieve your actual goals: quick cash, increased cash flow, retirement income, tax advantages, etc. Setting realistic goals for your real estate business at the outset allows you to concentrate on the properties, areas, sellers, and exit strategies that are most likely to meet those goals. Decide which real estate investment strategies will get you there most efficiently There are only five basic real estate exit strategies to choose from: retail, wholesale, lease/option, sell with owner financing, and rent. Once you have decided what you want to do (refer to step 2), your choice of exit strategies will suddenly be pretty limited. For instance, if your goal is wealth building or passive income, the retail and wholesale strategies won't work for you. If you need fast cash to pay off consumer debt or build capital for long-term investments, renting properties is the wrong way to achieve this goal. Your available real estate strategies will also be limited by your education, personality, and available assets. By the time you closely examine your goals, assets, and liabilities, you should be able to decide upon a single strategy for buying and making money from real estate properties. Determine and acquire the knowledge and skills you'll need to make your real estate investment strategies work Any basic book on a particular real estate investment strategy will show you the skill set you'll need in order to make money using that strategy. You don't need to know how tenant-landlord law works or how to manage properties if you plan to retail or wholesale, but if your strategy is to rent or lease/option, these are extremely important to know. On the other hand, some skills are vital no matter which real estate investment strategy you use. These skills include the ability to determine the value of properties, find motivated sellers, negotiate with sellers, and put your offer together. Make a list of the things you'll need to learn in order to make your strategy work, then figure out how you're going to get that information. There are endless books, workshops, home-study courses, and videotapes about virtually any real estate related topic you can imagine. Once you know what information you need, finding it will be no problem. Make lots of offers, even before you're really sure you know what you're doing Vena has taught a lot of classes to lots of new real estate investors, and she's discovered something interesting: those who haven't spent some time actually practicing looking at properties, evaluating them, and making real offers have very unrealistic ideas about what's going to happen when they do. Most beginners have preconceived ideas about the objections sellers will pose to their offers that bear no actual relationship to the objections they ultimately end up raising. They have fears about not being able to find or evaluate comparable properties. They think they'll miss the repairs the properties need when in fact they are usually fairly obvious. In a nutshell, until you've actually gotten your feet wet in the real estate market, you simply don't know what you don't know. You can't make money in real estate without making real offers, and you'll never acquire the knowledge you need to become a successful real estate investor until you get the real-life experience that only comes from making offers. The more quickly you take the steps above, even if you aren't sure you know what you're doing, the faster you'll move from a wannabe to a real-life real estate investor! About the author: Vena Jones-Cox, also known as the "Reliable Real Estate Expert," is a frequent lecturer at real estate investment groups throughout the country. She also hosts the popular weekly call-in public radio program "Real Life Real Estate Investing." Visit her at www.REGoddess.com . More Interesting Articles Elib Directory : devoted to Internet Commerce. 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Seattle Washington Real Estate / homes for sale / mortgage / refinance / home equity ® , requesting a mortgage, apartment locating services and moving resources." Real Estate .com - Seattle real estate listings, new homes for sale, find a REALTOR ® or request a mortgage, refinance or home equity loan. Find a REALTOR ® in Seattle and Receive a Gift Card Worth Up To $1,000 or more. OR Find a Builder in Seattle with iNest and Get 1% Cash Back! You may also want to: Use Our FREE Personal Home Buying Guide Get Pre-Qualified through LendingTree Get Your Credit Report Search Homes in Seattle You may also want to: Find out what the house in Seattle isworth, it's FREE. Get a Mortgage through LendingTree Related articles: Negotiating Strategies Understanding Contractsand Contingencies Find a Home Inspector in Seattle Find a Mover in Seattle Related article: Understand a Home Appraisal FREE Utilities Setup in Seattle Receive Competitive Quotes for Homeowners' Insurance in Seattle Type: Homes, The Real Estate Book Additional Home Listings New Construction Homes Foreclosure Homes State or Province: Please Choose Alberta, AB Alaska, AK Alabama, AL Arkansas, AR Arizona, AZ British Columbia, BC California, CA Colorado, CO Connecticut, CT District of Columbia, DC Delaware, DE Florida, FL Georgia, GA Hawaii, HI Iowa, IA Idaho, ID Illinois, IL Indiana, IN Kansas, KS Kentucky, KY Louisiana, LA Massachusetts, MA Manitoba, MB Maryland, MD Maine, ME Michigan, MI Minnesota, MN Missouri, MO Mississippi, MS Montana, MT New Brunswick, NB North Carolina, NC North Dakota, ND Nebraska, NE New Hampshire, NH New Jersey, NJ New Mexico, NM Nova Scotia, NS Nevada, NV New York, NY Ohio, OH Oklahoma, OK Ontario, ON Oregon, OR Pennsylvania, PA Rhode Island, RI South Carolina, SC South Dakota, SD Tennessee, TN Texas, TX Utah, UT Virginia, VA Vermont, VT Washington, WA Wisconsin, WI West Virginia, WV Wyoming, WY City: Select a State or Zip: Price Range: Any $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $375,000 $400,000 $425,000 $450,000 $475,000 $500,000 $525,000 $550,000 $575,000 $600,000 $625,000 $650,000 $675,000 $700,000 $725,000 $750,000 $775,000 $800,000 $825,000 $850,000 $875,000 $900,000 $925,000 $950,000 $975,000 $1,000,000 $5,000,000 $10,000,000 to Any $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $375,000 $400,000 $425,000 $450,000 $475,000 $500,000 $525,000 $550,000 $575,000 $600,000 $625,000 $650,000 $675,000 $700,000 $725,000 $750,000 $775,000 $800,000 $825,000 $850,000 $875,000 $900,000 $925,000 $950,000 $975,000 $1,000,000 $5,000,000 $10,000,000 Bedrooms: Any 1+ 2+ 3+ 4+ 5+ Baths: Any 1+ 2+ 3+ 4+ 5+ Please note: Not all real estate professionals participate in the "Find a REALTOR ® " program, which you must use in order to receive The Home Depot ® incentive. Lenders use qualifying ratios to determine how much of a mortgage you can reasonably afford. Read More Loan Amount: Term in Months: Interest Rate: Monthly Payment: How much will your gift card be if you use a REALTOR ® on the Network? How much can you borrow? What will adjustable rate payments be? Which is better: 15 or 30 year term? Find a REALTOR ® in Seattle and Receive a Gift Card Worth Up To $1,000 or more. You may also want to: Use Our FREE Personal Home Selling Guide Find a Home Inspector in Seattle Featured articles by Realty Times ® : 20 Ways REALTORS ® Successfully Market Homes Let the Seller Beware? Tips for Home Sellers Find out what the house in Seattle isworth, it's FREE. Related article: Why Should You Use A Seller's Agent in Seattle? Negotiating Strategies Understanding Contractsand Contingencies Find a Mover in Seattle Related article: Understand a Home Appraisal FREE Utilities Setup in Seattle Buying a Home | Selling a Home | Homes for Sale | Credit Report & Score | House Prices at Domania New Home Construction | Find a Mover | Find a REALTOR ® | Home Financing | Real Estate Learning Center Customer Service | Publications | For the Media | News Releases | Join Our Real Estate Network | Post Home Listings Privacy | Security | Terms of Use | Jobs | Disclosures and Licenses | Sitemap | Loans | Commercial Real Estate Houses for Sale in: Atlanta | Austin | Boston | Charlotte | Chicago | Dallas | Denver | Houston | Las Vegas | Los Angeles Miami | Minneapolis | New York | Philadelphia | Phoenix | San Antonio | San Diego | San Francisco | Seattle Washington, DC | Real Estate in More Cities LendingTree technology and processes are patented under US Patent Nos. 6,385,594 and 6,611,816. © 1998 - Real Estate.com, a service of LendingTree, LLC. All Rights Reserved.This site is directed at, and made available to, persons in the continental U.S., Alaska and Hawaii only. Conversion to LendingTree, LLC We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin. REALTOR ® -- A registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS ® and subscribes to its strict Code of Ethics. Not all of the real estate professionals participating in the "Agent's Competing" program are REALTORS ® , which are members of the National Association of REALTORS ® . The Home Depot ® is not affiliated with LendingTree, LLC. The Home Depot ® is a registered trademark of Homer TLC, Inc. 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VSECU - Land and Construction Loans RATES LOANS SERVICES DEPOSITS HELP ABOUT HOME You are Here: Home >> Loans >> Land and Construction Loans Land and Construction Loans Land Loans If you're planning to someday build your own home and have found the perfect land to do so, acquiring the land may be the first step in that process. A land loan mortgage is available to secure your dream lot, whether you're ready to build now or six years from now. The land you choose to finance must meet certain eligibility requirements such as: The building lot must be suitable for residential construction for a 1-2 unit home as your primary residence in Vermont or New Hampshire You building lot must have passed a perc test The total acreage cannot exceed 25 acres All land loans are adjustable rate mortgages and require a 20% down payment. Construction Loans If you’re ready to start building a new home this is the right loan for you. A construction loan is available for both new construction and the improvement of certain residential property in Vermont and New Hampshire. All construction loans are adjustable rate mortgages and require a 5% down payment. Requirements For construction projects where you'll be improving the energy efficiency of your home, you may want to consider our Energy Improvement Loan . Please contact a mortgage originator for more details on Land or Construction loan options. Apply Today See our online application ! © 2005, VSECU. All Rights Reserved. Additional Resources Current Rates & Terms Meet Our Mortgage Originators Energy Improvement Loan Apply Now! What Will My Loan Payments Be? Use Our Online Calculators Auto Loans Mortgage Loans Home Equity Credit Cards Other Types of Loans Search VSECU.com FREE VSECU CLASSIFIEDS BOOM! OUR TEEN WEBSITE CONTACT US PRIVACY & TERMS OF USE FAQ | FEEDBACK
real estate broker license.
California Department of Real Estate: FAQs - Mortgage Loan Brokering in California California Home DRE Home Contact Us What's new About DRE Careers at DRE DRE Records Consumers Escrow Violations eLicensing Examinees Licensees Subdivisions Real Estate Law Regulations Publications Forms FAQs Links Index Department of Real Estate My CA FAQs: Mortgage Loan Brokering in California indicates an item is in Portable Document Format (PDF). You will need Adobe Reader (or an Adobe Acrobat product) to view it. Click on the icon below to download a free copy of Adobe Reader. Click here for information about using Adobe Reader. Provided below are answers to some of the most frequently asked questions regarding licensing and other related issues for those who are interested in some aspect of the mortgage business in California. Questions come from both licensees and non-licensees from other states and California expressing an interest in California licensing requirements to engage in mortgage activity. The following questions and answers are intended to answer many, but by no means all, of these inquiries from the standpoint of the Department of Real Estate requirements. Q . - As a mortgage broker in Kansas (or any other state), my plan is to move to California and pursue this same business. Does California issue mortgage broker licenses and is there any reciprocity in licensing with other states? A . - California does not issue a "mortgage broker" license. A majority of those engaged in mortgage loan brokering do so with a real estate broker license. To the surprise of some, the license that allows the listing and sale of real property (the traditional activities associated with a real estate broker license) is the same license that allows the solicitation of borrowers or lenders, the negotiation of loans secured by real property and the collection of payments on notes secured by real property. For further details concerning the definition of licensed activity, review Business and Professions Code Sections 10130 and 10131. It should be noted there are other licenses that allow mortgage loan brokering under a limited set of circumstances, such as the California finance license and the residential mortgage lending license. For information about these licenses contact the California Department of Corporations. (See addresses at end of pamphlet.) California does not have reciprocity with any other state as far as a real estate license is concerned. Information regarding obtaining either an individual or corporation real estate broker license is explained in Instructions to License Applicants . Q . - As a mortgage broker working outside of California, I occasionally have clients who are moving to California and have asked me to broker a loan for them to be secured by their new home. Although I am not licensed in California, can I broker a loan secured by California real estate? Does California have a rule that allows me to broker a small number of loans in California before I would have to be licensed? A . - No. To broker even one loan in California you need to be licensed here. However, California Real Estate Law does allow a California broker to share a commission with a broker from another state. Therefore, it may be possible to co-broker the loan with a licensed California broker. Q . - I am a licensed California real estate broker and I specialize in the sale of real property, primarily residential homes. I would like to branch out and engage in mortgage brokering. What additional licensing must be obtained? A . - As a licensed real estate broker, you may engage in mortgage brokering without any additional license. A real estate broker may engage in a variety of real estate related activities including residential home sales, mortgage brokerage, and property management, among others. You may, however, wish to consult with the Department of Housing and Urban Development to determine their rules regarding real estate sales and the arranging of FHA loans. Additionally, if you represent a buyer or seller in a real estate transaction, and will also be compensated for obtaining the loan for the buyer, Commissioners Regulation 2904 requires you to disclose, to all parties in the transaction, the form, amount, and source of the compensation received or expected for the loan. Go to Top of Page Q . - Another broker told me that the kind and volume of mortgage brokerage activity I engage in makes me a "threshold" broker. What does that mean? A . - Determining whether a broker meets the "threshold" criteria takes a careful reading of Section 10232 of the Business and Professions Code. Generally, the criteria is met by brokers who arrange, sell, or service "private investor" or "private lender" loans, sometimes referred to as "hard money" loans. The "threshold" criteria is satisfied by negotiating 10 or more loans or sales of notes or real property sales contracts in any 12-month period in an aggregate amount of more than $1,000,000 (all of which were funded or purchased by private investors or small pension trusts). A broker can also meet the "threshold" criteria by servicing loans on behalf of investors or on behalf of obligors. If the aggregate amount of payments collected is $250,000 in any 12-month period, the "threshold" criteria has been met. Included in the $250,000 aggregate is any amount the broker collects on loan payoffs. Brokers who collect payments on behalf of obligors are typically those who collect payments from homeowners on a bi-weekly mortgage payment plan. Within 30 days of meeting the "threshold" criteria, a broker is required to submit a Threshold Notification (RE 853)   to the Department. The notification form is available at any DRE office or may be downloaded from the DRE Web site at http://www.dre.ca.gov . Q . - Once Ive submitted a Threshold Notification (RE 853) to the Department advising of my "threshold status," what happens next? A . - After receipt of the "threshold" notification, the Department sends the broker information and necessary documents for required quarterly and annual reporting to the Department and adds the broker to the "threshold" list. The Department then tracks and records each required report from the broker. Q . - What kind of reporting requirements are necessary if I satisfy the "threshold" criteria? A . - "Threshold" brokers make quarterly and annual reports to the Department on their trust fund bank accounts and an annual report on their business activities. Except for the annual trust fund report (which is done by a public accountant per instructions from the Department), the Department provides the necessary forms for the quarterly trust account and annual business activity reports. These are provided to the broker upon receipt of the "threshold" notification form. Go to Top of Page Q . - I am a broker who arranges loans for, and sells notes to, private investors and small pension trusts. May I also borrow personally from any of these investors? A . - Yes. However, these "self-dealing" loans are highly scrutinized and require notice to DRE before the transaction is completed. Before a broker, or salesperson acting on behalf of a broker, solicits and accepts funds for the direct or indirect use or benefit of the broker, the broker must submit to DRE a true copy of the Lender/Purchaser Disclosure Statement prior to obtaining the signature of the investor/purchaser. The Lender/Purchaser Disclosure Statement must be accompanied by the brokers statement that the submittal is being made pursuant to Business and Professions Code Section 10231.2. While the broker need not wait for DREs approval of the transaction, the Lender/Purchaser Disclosure Statement must be presented to the investor/lender not less than 24 hours prior to that person becoming obligated to make the loan or purchase the note. The Lender/Purchaser Disclosure Statement must also give a detailed explanation of the intended use of the funds, including an explanation of the nature and extent of the benefits to be derived directly or indirectly by the broker. It is very important to understand that "self-dealing" is not permitted in multiple investor (fractionalized) transactions except under the limited circumstances set forth in Business and Professions Code Section 10229(d)(1). Q . - When engaged in mortgage loan brokering, are there any special trust fund record keeping requirements? A . - Yes. In addition to the trust fund record keeping requirements of the Business and Professions Code that apply to all real estate brokers, mortgage brokers must also maintain quarterly trust fund reconciliations of their trust account on special forms available from the Department. These forms are completed, maintained in the brokers office, and made available upon request to a Department representative for review. The quarterly reconciliation forms are, Trust Fund Status Report ( RE 855)   and Trust Fund Bank Account Reconciliation (RE 856)   . Q . - Are there specific disclosure statements that must be used by a real estate broker in the mortgage business? A . - Every real estate broker who negotiates a loan to be secured directly or collaterally by a lien on real property shall, within three business days after receipt of a completed written loan application or before the borrower becomes obligated on the note, whichever is earlier, cause to be delivered to the borrower a statement in writing (borrowers disclosure statement), containing all the salient features of the loan to be negotiated by the broker. The statement must be personally signed by the borrower and by the real estate broker negotiating the loan or by a real estate licensee acting for the broker in negotiating the loan. When so executed, an exact copy thereof shall be delivered to the borrower at the time of its execution. A federal Good Faith Estimate (GFE) may also be required in a loan transaction under the Real Estate Settlement Procedures Act (RESPA). The GFE may contain some similar disclosures but it cannot, without modification pursuant to Business and Professions Code Section 10240(c), be a substitute for the disclosure statement required by state law. The state disclosure statement is called the Mortgage Loan Disclosure Statement (MLDS). If a GFE is necessary in the loan transaction, the Department has available a Mortgage Loan Disclosure Statement/Good Faith Estimate (MLDS/GFE). The MLDS/GFE satisfies the state disclosure requirement and the federal GFE requirement. In addition to a disclosure statement for the borrower in a loan transaction, there are lender disclosure statements that a broker may be required to use. Unlike the MLDS or MLDS/GFE which must be provided to a borrower in virtually every loan transaction, the disclosure statement for a lender/investor is limited to private and small pension trust lenders/investors. Lenders/investors such as banks, savings and loan associations, credit unions, and a variety of others need not receive the lender/investor disclosure statement which is called the Lender/Purchaser Disclosure Statement (LPDS). Every real estate broker, in making a solicitation to a private investor and in negotiating with that investor to make a loan secured by real property or to purchase a real property sales contract or a note secured by a deed of trust, is required to deliver to the investor solicited the applicable completed statement as early as practicable before he or she becomes obligated to purchase or make the loan. The statement shall be signed by the prospective lender or purchaser and by the real estate broker, or by a real estate salesperson licensed to the broker, on the brokers behalf. When so executed, an exact copy shall be given to the prospective lender or purchaser. The Department has available three versions of the LPDS, depending on the type of transaction. There are statements for loan origination, sale of an existing note and one for a collateralized loan. Please note that collateralized loans are not permitted in multi-lender transactions. Go to Top of Page Q . - Are there specific rules or laws that pertain to advertising by real estate brokers engaging in mortgage activity? A . - Yes. The law states, in part, that: "No real estate licensee shall knowingly advertise, print, display, publish, distribute, telecast or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, televised or broadcast, in any manner any statement or representation with regard to the rates, terms, or conditions for making, purchasing or negotiating loans or real property sales contracts which is false, misleading or deceptive." To assist licensees in complying with the law, Commissioners Regulation 2848 sets forth sixteen (16) subsections of "donts" of mortgage loan advertising. Q . - What about those who advertise from outside of California via the Internet? A . - Advertising real estate services on the Internet, including mortgage loan services, is considered solicitation of a California resident when read by a resident of California. Either the out-of-state advertiser on the Internet must be properly licensed in California or the ad must contain a disclaimer to the effect that the ad is not valid in California. The Department has prepared information regarding Internet advertising which is available from any Department district office and is partially reproduced here: Internet Advertising These guidelines have been prepared by the California Department of Real Estate to assist real estate brokers and businesses that are not licensed in California who are considering advertising real estate services on the Internet. If you are not properly licensed in California, you may not solicit California residents. To do so would be considered conducting activity for which a real estate license is required. Because the Internet can be read by anyone in any location, advertising your services on the Internet would be considered soliciting a California resident when read by a resident of this state. If you conduct activity which requires a California real estate license, but you are not a California licensee, you could be subject to administrative sanction such as a Desist and Refrain Order. If you are now conducting, or plan to conduct, the above activity in California, you need to apply for a real estate broker license . If you dont plan to become licensed in California, you should make sure your Internet advertising contains a disclaimer such as the following: "Notice: This offer is valid only in State 1, State 2..." (states wherein you are licensed or authorized to do business). If you are licensed in numerous states, you may want the disclaimer to read: "Notice: This offer is not valid in State 1, State 2..." (states in which you are not licensed or authorized to do business). Q . - Are there some advertising violations that are more often encountered than others? Yes. Some of the more common advertising violations are: Using terms in a comparative or superlative degree to describe any aspect of the business or any terms applicable to loans negotiated by the broker, without setting forth in the ad additional information to render the superlative or comparative terms unambiguous in the context in which they are used. For example, a broker who advertises "FAST LOANS" must also set forth in the ad how "fast is fast" (e.g. "most loans closed in 90 days from application"). A broker who advertises "LOW RATES" should also set forth in the ad what rates are available so that the term "LOW" is actually defined. It should be noted that the Department may require the broker to substantiate any claims made in an ad or require additional qualifiers in the ad to ensure the ad is not misleading to the public. Advertising a specific payment for a loan without including in the ad an equally prominent disclosure of the loans interest rate, APR, principal amount, number, amount and period of payments scheduled to maturity and the balance due at maturity if not a fully amortized loan. Advertising an interest rate without disclosing whether the rate is for first mortgages, junior loans or both. Advertising a loan program with special qualifying restrictions or special requirements without setting forth those requirements or restrictions in the ad. Advertising an interest rate without an equally prominent disclosure of the APR. It should be noted that if a rate appears in an ad without an APR, a disclosure of "APR NOT CALCULATED" is not sufficient. An APR must be disclosed if a rate appears in the ad. In addition to the above examples, which are based on specific subsections of the regulation, phrases and words used in advertising can be misleading in themselves. "No Cost" loans and "No Fee" loans are such words. All real property secured loans have certain inherent costs, such as title insurance, escrow, appraisal, recording fees, etc. These services are bought and paid for by the borrower in all loan transactions. In the cases where a broker arranges a premium priced loan where a lender rebate is used to pay for these services, the services are still performed and the costs incurred. The borrower pays the costs of the services via a higher interest rate than would be available if the borrower paid for the services out-of-pocket. In effect, the borrower finances the closing costs over the entire life of the loan. Although there may be no out-of-pocket costs to the borrower, clearly there are fees and costs involved, contrary to the claims in these ads. Go to Top of Page Q . - I understand something called the "multi-lender rule" was transferred from the California Department of Corporations to the Department of Real Estate. What is this and how may I as a mortgage broker be affected? A . - The Department of Corporations enforces the state securities laws which require that any security in an issuer transaction be qualified prior to sale with certain exemptions. Such an exemption was the "multi-lender rule" (Section 260.105.30) which permitted the sale of interests in notes secured by real property to not more than 10 persons as defined. This "rule" was legislatively transferred by Assembly Bill 754 (Kuykendall) to the Department of Real Estate as Section 10229 of the Business and Professions Code. Any real estate broker (mortgage broker) involved in loan transactions secured by real property where the investors number 10 or less, but more than one, known as fractionalized notes, must notify the Department of Real Estate of the engagement in "multi-lender" activity. Any broker who arranges, sells or services such fractionalized notes must file a Multi-Lender Transaction Notice (RE 860)   with the Department within 30 days of the first such transaction. Quarterly, CPA-prepared reports must be filed by any broker who acts as the servicing agent for such notes where the payments due during any period of three consecutive months exceeds $125,000, or the number of persons entitled to payments exceeds 120. The quarterly reports are in addition to the "threshold reports" previously discussed. Section 10229 is very detailed and should be carefully reviewed before becoming involved in multi-lender transactions. Q . - As a mortgage broker, can I collect fees from a borrower to cover certain costs in a loan transaction when a loan application is taken, such as a fee to cover my expenses in processing the application or fees for credit report and appraisal? A . - Fees that are collected by the broker from a borrower prior to the services being rendered are defined as "advance fees." To preclude the inappropriate use of such fees, a broker can only collect "advance fees" if the contract or agreement to do so has been submitted to and approved by the Department in advance of use. This agreement specifically tells a borrower how the "advance fees" are to be used by the broker. The broker must also maintain all "advance fees" in a trust fund bank account and they must be expended only on behalf of the borrower. In addition, whatever other materials the broker might use in collecting "advance fees" must also be submitted to the Department, prior to use, for review and approval. Credit report and appraisal fees, although technically "advance fees" are not considered as such and may be collected without adhering to the prescribed advance fee procedures. These fees are invariably passed to third parties performing the services. They must, however, be maintained in a trust fund bank account and expended appropriately. A broker may not profit from the collection of credit report and appraisal fees. If actual costs are less than collected, the excess must be refunded to the borrower. Q . - I am not licensed as a real estate broker or real estate salesperson and I am only going to assist private parties who wish to sell their notes (secured by real property) for cash to another party (investor), perhaps in another state. Is a real estate license required if I conduct this activity in California? A . - The activity described, so-called note brokering , requires a real estate license if performed in California. This includes the solicitation of California note owners, whether in person, by mail, telephone, or other means of communication. One of the definitions of a real estate broker is: "...a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others: (e) Sells or offers to sell, buys or offers to buy, or exchanges or offers to exchange a real property sales contract, or a promissory note secured directly or collaterally by a lien on real property or on a business opportunity, and performs services for the holders thereof." There are companies engaged in the discounted purchase of certain mortgages, primarily those carried back by residential sellers and secured by the transferred real property. The companies hold seminars to recruit people to solicit and negotiate the sale of these mortgages. Seminar attendees are informed that they do not need a real estate license to engage in this activity. In California, this is wrong because the activity fits the definition quoted above. Go to Top of Page Q . - Is a real estate licensee in the mortgage business required to show any specific disclosure of his or her license status in an ad? A . - All California real estate licensees, when acting as such, must disclose licensure in advertising. For a broker engaged in mortgage loan activity, the following also applies: "No real estate licensee shall place an advertisement disseminated primarily in this state for a loan unless there is disclosed within the printed text of that advertisement, or the oral text in the case of a radio or television advertisement, the license under which the loan would be made or arranged." A real estate broker must include one of the following disclosures in any mortgage loan advertising: "Real estate broker, California Department of Real Estate" or "California Department of Real Estate, real estate broker." The words "California" and "Department" may be abbreviated as "CA", "CAL" or "CALIF" and "DEPT." In addition to the license and licensing department identifiers, mortgage brokers must include their 8 digit broker license identification number in the ad. In the borrower and lender/purchaser disclosure statements (MLDS and LPDS), a broker must disclose the license identification number and the information telephone number established by the Department that a consumer can call to inquire about the license status of the broker. Q . - Has there been a change in the retention period that brokers are required to keep records? A . - The general rule is that brokers are required to keep records for a three-year period. However, pursuant to Business and Professions Code 10229(e)(1), the investor qualification statement required on a multi-lender loan has a four-year retention period requirement. Also, self-dealing statements, pursuant to Business and Professions Code 10231.2(b), must be retained for four years by the broker. Real estate brokers are not only affected by laws and regulations enforced by the Department of Real Estate, but also many others at both the state and federal level. The foregoing questions and answers are based on the California Business and Professions Code and the Regulations of the Real Estate Commissioner. Real estate brokers should be familiar with the other laws affecting their business. In this regard, they may receive assistance from other enforcement agencies, private legal advisors, and/or professional trade organizations. Office Locations Department of Real Estate Sacramento District Office 2201 Broadway P.O. Box 187000 (mailing address) Sacramento, CA 95818-7000 (916) 227-0770 (Mortgage Loan Section) Fresno District Office 2550 Mariposa Mall, Suite 3070 Fresno, CA 93721-2273 (559) 445-5009 Los Angeles District Office 320 W. 4th Street, Suite 350 Los Angeles, CA 90013-1105 (213) 620-2072 Oakland District Office 1515 Clay Street, Suite 702 Oakland, CA 94612-1462 (510) 622-2552 San Diego District Office 1350 Front Street, Suite 3064 San Diego, CA 92101-3687 (619) 525-4192 Department of Corporations: Sacramento 1515 K Street, Suite 200 Sacramento, CA 95817 (866) ASK-CORP - (866) 275-2677 US Department of Housing and Urban Development (HUD) Regional Office: San Francisco P.O. Box 36003 450 Golden Gate Avenue San Francisco, CA 94102-3448 (415) 436-6550 Federal Trade Commission (FTC) Regional Offices: San Francisco 901 Market Street, #570 San Francisco, CA 94103 (415) 356-5270 Los Angeles 10877 Wilshire Blvd., #700 Los Angeles, CA 90024 (310) 824-4343 Back to Top of Page Conditions of Use | Privacy Policy | Tech Problems 2003 State of California This page last modified on Tuesday, August 31, 2004