BUY PROPERTY IN TURKEY

British Embassy, Turkey Settle, Work or Buying Property in Turkey Short cut.. Contact Us Doing Business with the UK Events Foreign & Commomwealth Office HM Ambassador Passports Services for UK Companies Travel Advice Visas What the consul can and cannot do for you Using mobile phones Consular Registration Form Online Consular Registration Britons applying for residence in Turkey Consular Fees Notarial Acts Marrying in Turkey Settle, Work or Buying Property in Turkey Birth Registration English speaking lawyers Hospitals in Turkey Complaints Overseas voter registration REQUIREMENTS FOR BRITISH NATIONALS WISHING TO   SETTLE, WORK OR BUY PROPERTY IN TURKEY   UK Nationals who wish to visit Turkey for less then 90 days may obtain a tourist visa by presenting a valid UK passport at any of Turkey's ports of entry.  A £10 visa fee, payable in cash only, is the only requirement.   All other UK nationals who plan to stay in Turkey for more than 90 days must first obtain the appropriate visa from a Turkish Embassy or Consulate prior to arrival. Please access the Turkish Embassy website: www.turkconsulate-london.com for more information.     RESIDENCE IN TURKEY     (a)    Residency Permits are obtained AFTER arrival in Turkey. Formal application must be made to the police authorities of the province in which you reside, or to the Aliens department of the Police in Ankara, if no fixed abode in Turkey is intended. HOWEVER, well BEFORE your departure from the UK, you should contact the Turkish Embassy in London for information on requirements for residency and for information about importation of your household goods or car. Please access the website www.turkey.org/consularservices/forms/. for further details.     (b)   A RESIDENCE PERMIT IS AN ABSOLUTE NECESSITY BEFORE YOU CAN CLEAR ANY PERSONAL GOODS/CAR FROM TURKISH CUSTOMS. THEREFORE AN APPLICATION FOR A RESIDENCE PERMIT MUST BE MADE in Turkey within one month from the date of your arrival to Turkey.     (c)    On first application, residence permits may be issued for a two-year period, thereafter for a maximum of five years at any one time.     (d)   Please note that recent changes in Turkish legislation relating to the calculation of residence permit fees for foreigners living in Turkey, has resulted in huge increases, based on 50 million TL for the first month and 30 million for each subsequent month. For example, a 2 year, permit currently costs 740.000.000 TL plus a booklet fee of 65.000.000 TL, and a five year permit 1.820.000.000 TL, roughly equivalent to £335 and £785 respectively.     The Embassy has written to the Turkish authorities asking for a review, with a view to reducing these fees.         EMPLOYMENT IN TURKEY   A Work Permit is required for employment in Turkey.  These permits are issued by the Ministry of the Interior in Ankara.  We again strongly advise those wishing to take up employment in Turkey to contact, before travelling, the Turkish Embassy in London and/or their prospective employer in Turkey about the procedures for obtaining a Work Permit or access the Turkish work permit website www.csgb.gov.tr     REQUIREMENTS FOR TURKISH WORK VISAS     Companies seeking to employ UK nationals in Turkey must first obtain approval from the Turkish Ministry of Labour and Social Security to hire foreign citizen employees.  Prospective employers may obtain application forms for work permits at www.csgb.gov.tr. Completed applications should be returned to the Ministry of Labour and Social Security at Inonu Boulevard No 42, Eskisehir Yolu, Emek, Ankara, Tel: (0312) 296 60 00.   Upon approval from the Ministry of Labour and Social Security, the UK national, employment candidate must next apply for a Turkish work visa.  Work visa requirements, instructions and application forms are available through the Embassy of the Republic of Turkey website at: www.turkishconsulate.org.uk     PURCHASE OF PROPERTY IN TURKEY   "FLASH MESSAGE"   Current legislation applicable for foreigners, who wish to purchase land or property in Turkey, has been ruled to be unconstitutional by the Turkish Constitutional Court. The amended law, which was presented before the court, has unfortunately been rejected. Therefore, until the law is ratified and approved by the Parliament any applications made by the foreigners to the land registry office will NOT be processed. (as announced by the General Directorate of Land Registry Office on or about 26 July 2005)   Unfortunately, we have not been given a time scale when the matter may be resolved. If you have any further enquires the time scale, please contact the local land registry office for updated information.      PREVIOUS RULES FOR PURCHASE OF PROPERTY FOR GUIDANCE:   DO NOT PURCHASE PROPERTY WITHOUT FIRST CONSULTING AN ENGLISH SPEAKING TURKISH LAWYER FOR BEST ADVICE.   The Embassy website: www.britishembassy.org.tr has details or access the Turkish Attorney's Paralegal online www.tapo.co.uk.   British citizens may purchase property in Turkey, subject to the following conditions:   (a) The property can be paid for in either Turkish lira or foreign currency. There are also no restrictions about the transfer of foreign currency or Turkish Lira from a Turkish or foreign bank.   (b) Applications should be made to the District Land Registry office (Tapu ve Kadastro Mudurlugu), when a suitable property for purchase is found.   A recent change in Turkish legislation (i.e. on 19 July 2003) now permits foreigners to buy a property outside the boundaries of a municipality, i.e. council district (Belediye) and within a village or rural area. However, it is still necessary to obtain permission from the Military, prior to purchase.   Note: Turkey and the UK have a bilateral agreement to avoid double taxation. Tax of the property in Turkey is payable to the Turkish tax authorities as the relevant law requires.     INVESTMENT IN TURKEY   5.      Prospective Investors, requiring information about the Manufacturing and Service Sectors may contact British Trade International, Turkey Trade Unit, Kingsgate House, 66-74 Victoria Street, London, SW1E 6SW, Tel: +44 (0) 207 215 5000, email: mick.essex@dti.gsi.gov.uk or www.tradepartners.gov.uk.    You may also contact The Turkish Authority responsible for foreign investment in Turkey, the General Directorate of Foreign Investment (GDFI): Hazine Mustesarligi, Yabanci Sermaye Genel Mudurlugu, Inonu Bulvari, 06510 Emek - Ankara, Tel: +90 (312) 204 60 00, Fax: 90 (312) 212 8916 email: ybsweb@pm.treasury.gov.tr or www.hazine.gov.tr/english/ybsweb/index.htm.    Other web sites you may find useful; -   The British Embassy, Ankara, Turkey www.britishembassy.org.tr   -         Prime Ministry, Undersecretariat of Foreign Trade www.foreigntrade.gov.tr   -         Prime Ministry, State Planning Organisation www.dpt.gov.tr   -         Foreign Economic Relations Board www.deik.org.tr   -         Association for Foreign Capital Coordination www.yased.org.tr   -         Privatisation Administration www.oib.gov.tr   -         Turkish Attorneys Paralegals Online www.tapo.co.uk/real estate law/default.asp   Those wishing to establish a business in Turkey should consult a Turkish lawyer. Details of English speaking lawyers for Ankara, Istanbul and Izmir are available at the Embassy web site.   THIS LEAFLET HAS BEEN PREPARED BY HM CONSUL IN ANKARA FOR THE CONVENIENCE OF ENQUIRERS.  ALTHOUGH ALL CARE HAS BEEN TAKEN IN ITS PRODUCTION, NEITHER HER MAJESTY'S GOVERNMENT NOR ANY CONSULAR OFFICIAL IN THE BRITISH EMBASSY IN ANKARA TAKE ANY RESPONSIBILITY FOR ITS PRECISE ACCURACY OR FOR THE CONSEQUENCES OF ANY ACTION TAKEN IN ACCORDANCE WITH ITS CONTENTS.       Consular Section British Embassy Ankara – August 2005

rental property Flats for

Properties to rent in Richmond BUY SELL LET LANDLORDS CORPORATE FOXTONS INFO CONTACT MY NOTEBOOK Foxtons homepage Let Properties to rent in Richmond Viewing 1 to 10 of 71 0800 138 60 60 Properties to rent in Richmond LET Results: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 || Next View 3 properties per page View 5 properties per page View 7 properties per page Viewing 10 properties per page View 15 properties per page View 20 properties per page View 30 properties per page Ordered by descending price Order by ascending price Order by area Order by bedrooms Properties to rent in Richmond : Use the page number links above to view more Properties to rent in Richmond. The dropdown boxes allow you to customise your search results. Click an ADD TO NOTEBOOK link to save any Properties to rent in Richmond to your shortlist where you can review them at any time. £2,150 per week ( £9,316 pm ) Contact me | Add to notebook 5 bedrooms Lion Gate Gardens, Kew, TW9 Boasting two reception rooms, conservatory, enormous kitchen/diner and lovely private rear garden, why not take advantage of the many entertaining possibilities in this simply stunning five bedroomed, detached house. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £2,000 per week ( £8,666 pm ) Contact me | Add to notebook 6 bedrooms West Temple Sheen, East Sheen, SW14 Modern luxury living is provided for in this stunning five/six bedroomed family home, boasting vast pool room with stunning swimming pool and sauna and opening onto the stylish, landscaped garden. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,962 per week ( £8,502 pm ) Contact me | Add to notebook 6 bedrooms Kew Gardens Road, Kew, TW9 The ultimate in luxurious family accommodation! This sumptuous six bedroomed house offers ample entertaining accommodation with a stunning open-plan kitchen/breakfast room opening onto a delightful garden. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,616 per week ( £7,002 pm ) Contact me | Add to notebook 6 bedrooms Queens Road, Richmond Hill, TW10 This beautifully presented six bedroomed house situated in the Richmond Hill area, offers the ultimate in modern family living, with beautifully maintained gardens, off-street parking and a private garage. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,385 per week ( £6,001 pm ) Contact me | Add to notebook 5 bedrooms Greenlink Walk, Kew, TW9 Offering a privileged position in the heart of the stylish Kew Riverside development, this stunning five bedroomed, detached house boasts flexible family living space with a separate double garage and studio apartment. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,339 per week ( £5,802 pm ) Contact me | Add to notebook 4 bedrooms Northumberland Place, Richmond Hill, TW10 This bright and spacious four bedroomed house, set in a gated development with off-street parking, benefits form stunning river views and central location moments from Richmond Bridge. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,339 per week ( £5,802 pm ) Contact me | Add to notebook 5 bedrooms Mortlake Road, Kew, TW9 Stunning five bedroomed house offering extensive living and entertaining space finished to exacting standards boasting a fab 28' kitchen/diner, a beautifully kept garden and an exquisite limestone bathrooms. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,270 per week ( £5,503 pm ) Contact me | Add to notebook 5 bedrooms Kelsall Mews, Kew, TW9 Luxury, state-of-the-art living! This superb five bedroomed modern town house within Kew Riverside is finished to exacting standards throughout and benefits from a private garden, double garage and separate studio. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,270 per week ( £5,503 pm ) Contact me | Add to notebook 5 bedrooms Kelsall Mews, Kew, TW9 Luxury, state-of-the-art living! This superb five bedroomed modern town house within Kew Riverside is finished to exacting standards throughout and benefits from a private garden, double garage and separate studio. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office £1,154 per week ( £5,000 pm ) Contact me | Add to notebook 6 bedrooms Taylor Avenue, Kew, TW9 Full of character and set on a delightful tree-lined road in Kew this wonderful six bedroomed house is the perfect retreat from everyday life! The home further benefits from an office, lovely garden and off-street parking. Read more about this property for sale in Richmond . Call: 020 8973 2700 Richmond Office 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 || Next View 3 properties per page View 5 properties per page View 7 properties per page Viewing 10 properties per page View 15 properties per page View 20 properties per page View 30 properties per page Ordered by descending price Order by ascending price Order by area Order by bedrooms Text only sites: Sales | Lettings | New Homes © Foxtons 2005 Terms & Conditions Site Map Help 0800 138 60 60 HOMEPAGE Search for a property Search for an Open House -- Why use Foxtons? The letting process Jargon buster Free valuation request NEW SEARCH Type: Buy Long Let Short Let _______________ Max price: _______________ Bedrooms: All bedrooms Studio 1 2 3 4 5 6 or more _______________ Areas: Richmond OR CHANGE TO: All Areas LONDON: All London - Central - East - North - South - West Surrey USA: - New York - New Jersey - Connecticut _______________ Short Let - from a few weeks ADVANCED AREA SEARCH New search Refine this search Save this search QUICK SEARCHES: Houses for rent Flats to let London rental property Flats for rent in London Houses for rent in London London rental apartments London short lets Surrey rental properties Flats to rent in Surrey Houses to rent in Surrey

Colorado Real Estate

Denver Real Estate, Denver Lofts, Denver Homes, Denver MLS, Denver Homes Great Homes in Denver Ed and Tamie Seevers, Realtors Email Us! or Call us at 720-299-6717 Home Home Values Communities Denver Neighborhoods Denver Lofts Resources Credit Repair Credit Report For Sale By Owners Foreclosures Denver Home Loans Home Values New Homes Rentals Vacation Rentals About Us Background Contact Us DENVER REAL ESTATE AND HOMES GUIDE Database is updated every day with 25,000 + Denver real estate listings from all major brokerages. Search hundreds of apartment complexes, duplexes and multi-family properties for sale Check out the rental section to learn more about rental properties in Denver. Complete Denver Loft Resource! Tons of pictures, reviews and resources. Blog -- Read the Denver real estate blog ! For Sale By Owner -- Denver for sale by owner guide. Search hundreds of homes for sale by owner. Foreclosures -- Search lists of foreclosures in Denver and all of Colorado. Home Loans -- Calculate payments and shop for the best lenders in Denver . Home Values -- Check out the latest Denver home values ! Neighborhoods -- Read all about the best Denver neighborhoods . New Homes -- Get a 1% rebate on your new house! Search for new homes in Denver . Schools -- Guide to the schools in Denver . Denver Real Estate Market The Denver real estate market has been on a tear in recent years. Many Denver homes have appreciated over 25% in just the past year. Denver condos, homes and lofts are being built at an incredible pace. When a boom market occurs, speculators enter the market. This is true on both sides of the equation. Denver homes see huge price increases when they are put up for sale and sold in a matter of days. There are many speculative Denver real estate agents as well. These are young agents looking to make a quick buck in the Denver real estate market . Denver Real Estate Agent Qualifications If you are thinking of selling your Denver property, go with a real estate team who has been working in Denver for over fifteen years. Our team has closed on hundreds of Denver homes, condos and land. We go the extra mile to assure that your transaction is our first priority. Search the Denver Real Estate Market I know it's tough, there are thousands of homes for sale in Denver. Homes are not on the market very long before they are bought and then go back on the market again! Be prepared and use our Denver Home Search to not only search for homes, but also save your searches and get notified each day of new properties that hit the Denver market. Take some time and explore our comprehensive Denver lofts and condos guide, search all Denver homes for sale and ultimately choose a Denver realtor who will represent you honestly and fairly. Denver Real Estate and Homes Outside of the traditional MLS search, you might also want to try searching through our list of Denver Master Planned Communities and Denver Golf Course Homes. These homes are sizzling. However, the hottest aspect of the Denver real estate market has to be lofts and condos. Browse through our Denver Condos directory and let us know if you see anything you like! Denver is Growing! Maybe you are not interested in Denver real estate per se, maybe some of the outlying areas are of more interest to you. There are still some values to be had. Check out out list of Denver Neighborhoods and communities and then search the Denver homes market to see if you can find a home that meets your needs! www.lifebrokers.co.uk Mortgage Protection Insurance Mortgage Insurance UK SearchSaver! Register to have this system notify you via email of any new listings that meet your search criteria. This allows you to keep on top of new listings the SAME day they hit the market! Real Estate Articles | H ome | Site Map | C ontact Us | Insurance | Links Featuring homes for sale in Adams , Arapahoe , Boulder , Denver and Jefferson counties Cheap Car Insurance UK Cash Advance Payday Loan Mortgage Homes For Sale By Owner Motor Insurance Mortgages Maui Real Estate Cheap Auto Insurance

home loan benefits. How

Am I Eligible for a VA Home Loan Information on the Home Loan Program Am I Eligible for a VA Loan? Property Management Construction and Valuation Lenders & Servicers Contact VA Loan Guaranty Service Forms Loan Guaranty HomePage VBA HomePage VA Homepage If You Owe VA VA Monitoring Unit Loan Production Specially Adapted Housing Am I Eligible? General Rules for Eligibility Determine if you are eligible for VA home loan benefits. How to request a Certificate of Eligibility for VA Home Loan Benefits To request a Certificate of Eligibility for VA home loan benefits, you must complete VA Form 26-1880 and submit it to one of our VA Eligibility Centers along with acceptable proof of service as described on the instruction page of the form. It's also possible to obtain a Certificate of Eligibility from your lender. Most lenders have access to the ACE (automated certificate of eligibility) system. This Internet based application can establish eligibility and issue an online Certificate of Eligibility in a matter of seconds. Not all cases can be processed through ACE - only those for which VA has sufficient data in our records. However, veterans are encouraged to ask their lenders about this method of obtaining a certificate. A Certificate of Eligibility is NOT Necessary for Interest Rate Reduction Refinance of Existing VA Loan Your lender may use our e-mail confirmation procedure in lieu of a certificate if you are obtaining a Interest Rate Reduction Refinance of an existing VA loan. Contact an Eligibility Center If you have specific questions regarding VA home loan eligibility, e-mail your Eligibility Center. Most questions regarding the VA Home Loan Program are answered in our Frequently Asked Questions , we ask that you read them prior to sending an inquiry. VA Eligibility Centers Address and Telephone Numbers Addresses and Telephone numbers Frequently Asked Eligibility Questions Information on the Home Loan Program / Am I Eligible for a VA Loan? / Property Management Construction and Valuation / Lenders & Servicers / Contact VA Loan Guaranty Service / Forms Loan Guaranty HomePage / If you owe VA / Monitoring Unit / Loan Production / SAH Disclaimer / Privacy & Security Statement / Freedom of Information Act Contact the VA / VBA HomePage / VA HomePage This page has been accessed since February 16, 2003. Reviewed/Updated: June 24, 2004 (SG)

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