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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Real Estate Agents Career
Real Estate Careers - Advice For Real Estate Agents You are here: About > Home & Garden > Home Buying / Selling > Real Estate Careers Home & Garden Home Buying / Selling Essentials 10 Things Home Buyers Shouldn't Do Best Tips for First Time Home Buyers "Must-Do" Tasks Before You Sell How to Buy a Home, Step by Step For Sale by Owner Advice Articles & Resources How To Buy a Home How To Sell a House Celebrity & Historic Credit Reports & Scores Design & Remodel Home Maintenance Inspections & Appraisals Investing & Foreclosures Modular & Manufactured Mold, Radon, Lead, etc. Mortgage Advice Moving & Relocation Real Estate Careers Real Estate For Sale Vacation Homes Buyer's Guide Before You Buy Top Picks Home Buying Books Foreclosure Books Mortgage Books Product Reviews Forums Help FREE Newsletter Sign Up Now for the Home Buying / Selling newsletter! See Online Courses Search Home Buying / Selling > Real Estate Careers Real Estate Careers - Advice for Real Estate Agents Career advice for real estate agents or anyone who wants information about a career in real estate. Helpful resources for all real estate professionals, from new real estate agents to brokers in charge. Subtopics Commission Advance (1) NAR Web Sites (35) eCards (4) Presentation Skills (8) Errors/Omissions (3) Real Estate Humor (5) Ethics (2) Real Estate License Law (29) Fair Housing (7) Real Estate News (5) Finding Clients (8) Schools (12) For Brokers in Charge (19) Software (19) Marketing Your Listings (36) Articles & Resources Sort By : Guide Picks | Alphabetical | Recent Safety Tips for Real Estate Agents - Real Estate Agent Careers Real estate agents have historically felt safe while performing their jobs, but the trend has shifted in recent years, with a number of agents raped, robbed and murdered while showing homes and other properties. If your office has developed agent safety policies, follow them. If it hasn't, there are several things you can do to help minimize your risks. Real Estate Careers - Special Designation Programs for Real Estate Agents Real estate agent pre-licensing classes teach you about real estate laws and customs in your state, but they don't teach you how to manage and promote your business or work effectively with consumers. For that you'll need ongoing education. Some agents choose to accomplish that by participating in one or more special designation programs. What is a Realtor? Career Advice for Real Estate Agents - Information for Consumers Some people call all real estate agents "Realtors" without realizing that not every agent can legally use the title. When join become Realtors they must agree to conduct their business in a way that adheres to the rules of the National Association of Realtors, NAR, including its Code of Ethics. Here are some Realtor basics. How to Measure and Calculate Residential Square Footage Each year, home owners discover that their new home's square footage is not the figure stated when the home was advertised. Real estate agents and for sale by owner sellers can reduce their risks of lawsuit by knowing how use accepted standards to measure and calculate a home's square footage. So You Want to Become a Real Estate Agent You've decided you want to become a real estate agent, but what's your motivation? It can be a rewarding career choice, but it's definitely not a job for everyone. Here's some advice to help you determine if a career in real estate is right for you. Interviewing for a Real Estate Agent Job Looking for a real estate career? Interviewing for a real estate agent position requires different techniques than those you use when applying for most jobs. Get the facts before your interview. How To Calculate Real Estate Commissions New real estate agents sometimes aren't aware that commissions are usually shared by all agencies who participate in a sale. Here are some examples that show how commissions are split. How To Find a Job in Real Estate This simple how-to article gives you a step by step look at the process you must follow to find a job as a real estate agent. Preparing Your Sellers for Home Showings Advice for real estate agents. Take time to prepare your sellers for the realities of showing a home. When home sellers understand that a good showing might result in a good offer, they are usually willing to comply with your requests. Errors and Omissions Insurance for Real Estate Agents Get the facts about errors and omissions insurance for real estate agents. E&O is your protection from lawsuits filed by unhappy clients and customers. Deed Plotter for Windows, Review Deed Plotter for Windows is a deed description analyzer, a software program that allows you to type-in the legal description of a piece of property. The software analyzes the information, and draws the tract. Find out how this software can help you with real estate transactions. Get Your Home Sales to the Closing Table Getting a real estate sales contract doesn't signal the end of your work with that client, it's just the beginning. There's a lot more work to do before the buyer and seller meet for closing. This advice will help you get there. Sales Techniques for Real Estate Pros Successful real estate agents know that asking the right questions is an important part of working with home buyers. Use these tips to refine your sales skills. 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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. 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Florida Real Estate Expert
ERA - Destin Florida Real Estate - Pensacola Real Estate - Pensacola Beach Condos for sale Your ERA Florida Real Estate Expert for Pensacola, Destin, Gulf Breeze, Navarre, Pensacola Beach and Perdido Key Real Estate. Gulf Breeze Florida real estate MLS Pensacola real estate Destin condos for sale Destin Florida Waterfront luxury homes Gulf Breeze, FL emerald coast realty Navarre Florida Gulf coast Beach Condos Pensacola Florida Real Estate Perdido Key Condos Licensed Florida & Alabama Broker Pensacola Florida, Destin, Gulf Breeze, Navarre, Perdido Key, Pensacola Beach and all NW FL Gulf Coast Beach Communities. Direct (850) 439-1811 Toll Free (866) 906-1811 kim.gibbons@era.com Member Gulf Breeze & Perdido Key FL Chambers Owner Broker LOCAL REALTORS ® I'm a local ERA Real Estate Broker, ready to find you the Pensacola, Gulf Breeze, Pensacola Beach Waterfront Navarre, Destin Florida real estate or Perdido Key property that meets your specific needs. My Realtors are highly focused on these real estate markets for maximum results. I specialize in: residential homes, commercial and investment property. Types of properties include; luxury Gulf beach front condos, townhouses, waterfront land, luxury homes, Destin beach condos and new oceanfront homes construction. Click luxury homes or Navarre realty information from the Navarre FL realestate eSource. BUYERS I search the Destin and Pensacola Florida MLS Real Estate databases daily for real estate that matches your specific criteria. I then notify you immediately with the latest Destin or Pensacola MLS listing that meet your desired need. Choose Find Homes for Sale and fill in the requested information. I will contact you to confirm the specifics of the property you desire and then follow up with properties you can evaluate, its a breeze! You can also contact me to get automatic updates on homes or condos in the Pensacola and Destin FL areas that meet your specific criterion. MORE EMERALD COAST REAL ESTATE • Destin Condos • Fort Walton Beach Real Estate ˜ ˜ ˜ SELLERS Plan To List Your Property? Go with the Broker with the best internet presence! More internet exposure equates to more potential BUYERS! Our Commitment to You... If you plan to sell your real estate in the next few months, use my CMA evaluation. This free service is designed to help establish the current market value for your property. Simply choose Listing Property and provide the requested information. I will use comparable homes or condos that have sold in your area from the MLS to help you determine the fair market value of your home. When you list your home I make sure the public knows that your home is available for sale by using state of the art advertising and marketing approaches to attract potential buyers. Such as, immediate MLS listing, extensive internet and national directory exposure. Buyer from came to this Web Site in 2004! Marketing Strategy Presentation WHY KIM GIBBONS? 1) Huge Internet presence 2) Florida Licensed Broker, Associate 3) Experience, Multi Million Dollar Producer 4) Extensive Relocation Experience 5) A well defined Listing Sales Strategy , to sell your property! As a respected Emerald Coast professional, I am dedicated to providing the best service possible. Because our industry is becoming more sophisticated and challenging every day, I work hard to staying ahead of the competition to best represent YOU and your priorities! I am a Licensed Florida Broker , with that comes a better understanding and knowledge to better serve you. Most agents are not Brokers because the knowledge and testing requirements are very rigorous. I strive to determine your specific needs and work hard to get the results you deserve! Click here to find out more about listing your home ˜ ˜ ˜ Please use my web site to explore our Gulf Coast schools and NW FL communities to find the special neighborhood that best fits your likes and personal priorities. CAN'T FIND WHAT YOU WANT? I can show, sell and get you any additional listing information on realty and condos located in Escambia, Santa Rosa, Okaloosa, Destin, Walton and all Counties of North and Northwest Florida. Contact Us MORE RESOURCES Click here to view our Realty Articles . Ivan has left it's mark on the Gulf Coast see Ivan Damaged Houses TIP OF THE WEEK Before you list your property, look at this weeks tip: FEATURED LISTINGS Please take a moment of your time to look at this weeks Featured Listings. 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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