Buy House

WHAT TO DO ABOUT TAX WHEN YOU BUY A HOUSE FAQ's Select a FAQs Category Capital Acquisitions Tax Capital Gains Tax Employer Information Corporation Tax Customs & Excise Revenue Audit Value Added Tax (VAT) Vehicle Registration Tax What to do about Tax when you buy a house Do I need to tell the tax office if I buy a house? Can I claim tax relief on my mortgage? What is a sole or main residence? To help with the mortgage repayments, I intend letting part of my house. What tax relief can I claim against my personal income tax and against the rental income? Does residence only mean a house? Can I claim tax relief on a loan for home improvements? What can the loan be used for? How much tax relief will I get? How can I claim the relief? If I sell my house will I have to pay Capital Gains Tax? What happens if I had let part of the house or used part of the house for business purposes? What happens if my property has "development value"? 1. Do I need to tell the tax office if I buy a house? Yes - you should inform the tax office as soon as possible so that all correspondence can be sent to your new address. » Back to Top 2. Can I claim tax relief on my mortgage? Yes - if the house is situated in the State, Northern Ireland or Great Britain and is used as your sole or main residence. » Back to Top 3. What is a sole or main residence? A sole or main residence is the residence which is your home for the greater part of the time. It does not have to be owned by you e.g. your parents residence may also be your sole or main residence, if you normally live there. » Back to Top 4. To help with the mortgage repayments, I intend letting part of my house. What tax relief can I claim against my personal income tax and against the rental income? In this situation, part of the mortgage interest may be claimed as a normal interest credit against your personal income tax. However, the balance of the interest may not be claimed as a rental deduction. The mortgage interest applicable to the let part of the house will be determined on a just and reasonable basis. For example, the apportionment of the interest may be by reference to the number of rooms let. » Back to Top 5. Does residence only mean a house? No. It also includes: A flat Any garden or grounds of an ornamental nature which are used along with the house or flat A Mobile Home/Caravan - provided it: Is on a permanent site Is of a reasonable size to fulfill the requirements of use as a permanent residence Has electricity and other services supplied to it Is immobilised (i.e. wheels removed and mounted on blocks). 6. Can I claim tax relief on a loan for home improvements? Yes. You can claim tax relief on a loan used by you to purchase, repair, develop or improve your sole or main residence or to pay off another loan (or loans) used for that purpose. » Back to Top 7. What can the loan be used for? The loan can be used for most work done on your sole or main residence except for money spent on furniture or removable fittings (e.g. light fittings, curtains, carpets etc.). Examples of what the loan may be used for are: Extensions, purchase/construction of garage, garden shed, greenhouse etc. Construction of driveway, path etc. Conversions, painting and decorating Installing central heating Rewiring or replumbing (including bathroom suites) Replacing or installing windows Purchase and/or installation of burglar/fire alarms Purchase and installation of bedroom and kitchen units which are affixed to and become part of the building Treatment for damp, dry rot, woodworm etc. Landscaping gardens (including garden walls) Contributions to group water and sewerage schemes. » Back to Top 8. How much tax relief will I get? Tax relief is granted on the amount of the interest paid, at the standard rate subject to the overall limits as set out in Leaflet IT60 (Home Loan Interest Relief - 2000/2001 onwards) . Special provisions apply for "First Time Buyers". The period for which relief is available is 7 years (this does not apply to mortgages taken out before 6 April 1998). » Back to Top 9. How can I claim the relief? From 1 January 2002, tax relief for home mortgage interest is no longer given through the tax system but is instead granted at source. This means that your mortgage lender gives you the benefit of the tax relief element on the mortgage interest on behalf of the Revenue Commissioners. Your mortgage repayment is reduced by the amount of the tax relief. Your lender in turn claims this amount from Revenue. Any future adjustments in the tax relief (for example, arising from changes in interest rates) will be made automatically by the lender on behalf of Revenue. It is not be necessary to claim mortgage interest relief in the annual tax return, and it no longer appears on your Notice of Tax Credits. Borrowers who are taking out new mortgages must complete a TRS1 form. Your lender will supply you with a TRS1 form. Forms can also be obtained from the TRS Section, Collector-Generals, Sarsfield House, Francis Street, Limerick. Further details are available on the Leaflet TRS (Mortgage Interest Tax Relief at Source) . » Back to Top 10. If I sell my house will I have to pay Capital Gains Tax? No. If the house (including grounds of up to one acre) has been occupied as your sole or main residence throughout your period of ownership you will be exempt from capital gains tax on the sale. » Back to Top 11. What happens if I had let part of the house or used part of the house for business purposes? Full exemption may not be due if only part of the house has been used as your residence. In this case an apportionment will be made to arrive at the exempt portion of the total gain and you will have to pay capital gains tax on the balance. » Back to Top 12. What happens if my property has "development value"? Where your property has development value i.e. if it is sold for a price higher than its normal current use value then the relief from capital gains tax as outlined above is confined to what it would be if the property did not have development value. » Back to Top

Real Estate Loan

Real estate - Boston.com Buying Renting Recent Sales Place an ad Luxury Living Community data Mortgage Commercial Moving Guides Real estate Boston.com Check out the Real estate Section on Boston.com. December 29, 2005 -- Skyline at Station Landing Starting at: $339,000 Allston 2 bedroom $384,390 Newport 1 bed/1 den $755,000 Quechee Lakes, VT 3 bedroom $455,000 Sugarbush, VT 2 bedroom $166,457 Loon Mountain, N.H. Now accepting reservations Newbury 4 bedroom $749,900 Malden 2 bedroom $314,900 The Grandview Starting at: $600,000 Swampscott 3 bedroom $329,000 Boston 2 bedroom $545,000 South Boston 3 bedroom $429,000 Needham 4 bedroom $1,195,000 Dorchester 2 bedroom $314,000 York Beach, ME 3 bedroom $629,000 Battery Wharf Starting at: $1.15MM 210 South Street Regatta Residences Rooney Real Estate NOTE: We are experiencing technical problems that are preventing some photos from appearing in our listings. We are working now to correct the problem. We apologize for the inconvenience and thank you for using Boston.com Real Estate. Homes New developments Condominiums Open houses Get started All rentals Apt. communities Vacation rentals Get started HOME OF THE WEEK Old styles in a bustling area Amid a neighborhood becoming known for new restaurants, shops, and condos, the residential block where this narrow, four-level home sits may be one of the few things that has yet to significantly change. Homes of the week: Watertown | Sudbury | Westminster See photos of this home Brockton builds on legacy This working-class city's once moribund downtown is being revived by young professionals drawn to the industrial chic of old factories where laborers plied their trade more than a century ago. (The Boston Globe, 12/25/05) Kerouac's Cape home up for sale ON LOCATION Historic cottage for sale The Pratt House in Northampton, which was commissioned in 1859 by Boston doctor Alvah Littlefield and once faced demolition, is now on the market for $1.285 million. (The Boston Globe, 12/25/05) GALLERY Editor's picks: On the market Check out our favorites this week and see all different sizes, shapes, prices, and locations. (Boston.com) Last week's picks METRO HOME FEATURE A safe haven Several designers donated their time and expertise to decorate 13 bedrooms and living areas at a Children's Hospital shelter. (Metro Boston, 12/16/05) See photos of the hospital makeovers Submit photos of your pad to be featured More in Home MESSAGE BOARDS Where are prices headed? Open house advice Things to consider when buying View all message boards NEWS From one generation to another A group of young developers felt a need to give back to their Jewish community in a way that has never been done before. (Boston Globe, 12/18/05) Formal room is hereupon retired Office market shows signs of rebound COMMUNITY SNAPSHOT Holbrook Holbrook offers a mix of properties for first-time home buyers seeking more affordable options and for those in the market for more high-end housing. (The Boston Globe, 12/25/05) More profiles: Hingham | Somerville | Wellesley | Southborough All Community statistics and town data | Compare towns GALLERY A look at Manny's condo Boston.com toured Ramirez's penthouse condo, on sale for $6.9 million, and caught a glimpse into the daily digs of the World Series MVP. (Boston.com) Alternatives to heating See what others are doing to cut down on their heating bill this winter. (Boston.com) Cost comparison What is your home heating plan? Heating tips Q&A about your home heating bills More in home heating NEWS Sellers chop prices as market slows Boston-area homeowners trying to sell their houses are sharply reducing asking prices -- in some cases, by $100,000 or more -- in response to a sudden slowdown. (By Kimberly Blanton, Boston Globe) Holiday season is the ideal time to buy Lilly's five steps to real estate success 14 tips to finding a great apartment Need some help finding your next new pad? Here are a few items you should make sure to check for. (Boston.com) Print the list A sense of community in a rental Sept. 1 moving scenes Self-storage how-to Step-by-step moving guide Print box labels What are your tips for moving? Pointers on renting, your rights and so much more Search rentals Renting guides NEWS Rises in rent outpace some wages The cost of rental housing has increased more rapidly than have wages, making it increasingly difficult for low-income families to afford even modest apartments. (By Stephen Ohlemacher, Boston Globe) Tools and calculators Run the numbers on everything from your income to upfront costs and credit. Instant mortgage quotes Mortgage rates 30-yr Fxd: 6.30% 15-yr Fxd: 5.85% 1-yr. ARM: 5.15% Mortgage quotes Daily commentary NEWS Real estate slump chills 'flippers' Get in, get out, get the next deal. That's the code of the ''flipper." Flipping -- buying and quickly reselling homes -- has helped some investors make a killing over the past few years in markets such as the North Shore. Selling a house? Try some entertainment 10 things you must do when selling 10 tips for hiring a broker Selling or renting your property? click here Latest articles: Real estate transactions ( Boston Globe, 12/29/05 ) A term every home buyer, real estate agent, homeowner should know (Inman, 1:06 p.m.) Dry rot leaves home buyer in the gutter (Inman, 1:06 p.m.) Home sellers beware: Undisclosed info comes back to bite (Inman, 1:06 p.m.) In bankruptcy sale, must co-owner pay 50 percent of expenses? (Inman, 1:06 p.m.) ENeighborhoods exec. has roots in real estate technology (Inman, 12/28/05) Visions of gold entice a tin city (Boston Globe, 12/28/05) Government requirements for disclosure fail to make the grade (Inman, 1:06 p.m.) Electrical panel requires upgrading (Inman, 1:06 p.m.) Should landlords rent to section 8 subsidized tenants? (Inman, 1:06 p.m.) 'House Poor' a profitable read for home buyers (Inman, 1:06 p.m.) Inside capital gains tax law for real estate (Inman, 1:06 p.m.) Ensuring home's proper ventilation (Inman, 1:06 p.m.) America closes doors to architectural expression (Inman, 1:06 p.m.) 5 negotiation tactics for real estate deals (Inman, 1:06 p.m.) HOME OF THE WEEK: Old styles inside, bustling outside (Boston Globe, 12/25/05) ON LOCATION: Historic cottage escaped demolition, now it's a gem for sale (Boston Globe, 12/25/05) BUSINESS LETTERS: Home prices are falling, but why? (Boston Globe, 12/25/05) Brockton builds on factory legacy (Boston Globe, 12/25/05) COMMUNITY SNAPSHOT: Holbrook (Boston Globe, 12/25/05) feedback form | help | site index | globe archives | rss © 20 The New York Times Company

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 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

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National Association of Home Builders Advanced Search This site is designed for those interested in home building and the industry - it contains vast resources for both members and consumers alike. Learn more about home building - do a search, buy a publication, or simply browse the site. Members, log in now ! 12/29/2005 New Lead Paint Rule Not A Fix, NAHB Says 12/21/2005 Nation's Strong Housing Market Seen 'Simmering Down' In 2006 12/20/2005 Revised - New Call-In Number For News Teleconference: Main Street vs Wall Street 12/20/2005 Housing Market Strengthens in November MORE NEWS The Annual Meeting of Members of the National Association of Home Builders will take place on Thurs., Jan. 12, 2006 in the Valencia A-C Rooms, Level 4 at the Orange County Convention Center in Orlando, Florida, for the purpose of electing Directors and State Representatives, and other matters as may come before the meeting.  Visit the Convention section to register , review meeting materials , and read the resolutions which have been submitted .  www.nahb.org provides extensive housing industry information for both the public and members. From our general home building and remodeling information in For Consumers to our detailed economic and housing data , there's something for everyone. Members, log in now to gain access to the resources that are available exclusively for you. MORE FEATURES Just Released! Purchase your copy of the newly updated and revised 2nd edition of Estimating Home Construction Costs . Custom builder Jerry Householder shows you how to bring your houses in under budget and make your construction process more efficient. Available at BuilderBooks.com. Order today ! Class of 2006 IRM Commencement Breakfast Orlando, FL | Jan. 11 International Builders' Show Orlando, FL | Jan. 11-14 Green Building Conference Albuquerque, NM | March 13-14 Multifamily Pillars of the Industry Conference & Awards Scottsdale, AZ | April 2-5, 2006 MORE © 2005 Home Contact Us Site Map Privacy Statement Terms of Use Link to Us Search