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MIT Center for Real Estate - Home Skip to content. home contact sitemap search: Prospective Students Prospective Students Overview Curriculum Faculty Admissions Prospective Students Overview Curriculum Faculty Admissions Prospective Students Overview FAQ MBA or MSRED? Student Life Meet our Students Request Info Curriculum Faculty Admissions Prospective Students Overview Curriculum MSRED Courses Electives Industry Participants Faculty Admissions Prospective Students Overview Curriculum Faculty Admissions Application Procedure Cost & Aid Visit MIT/CRE Careers Careers Career Services Recent Employers Alumni Career Profiles Research Research Research Initiatives Working Papers Thesis Research Faculty Research Projects Research Research Initiatives NCC HAI CREDL Working Papers Thesis Research Faculty Research Projects Industry Partners Industry Partners Becoming a Partner Partner List Alumni Alumni News & Projects Update Spaulding Award Continuing Education Continuing Education Course List Registration & Fees Events Events News News About Us About Us Staff Giving Giving MIT Center for Real Estate MIT established the Centerfor Real Estate in 1983 to improve thequality of the built environmentand to promote more informed professionalpractice in the real estate industry. It is thehome of the first one-year Master's degree programin real estate development and a respected summerinstitute of professional developmentcourses. Its partnership program provides opportunitiesfor students, practitioners andacademics to get together on both a formal andan informal basis. Learn more about our MSRED Program See which Industry Leaders are partners of MIT/CRE Introducing MIT/CRE’s Featured Partner This Fall we recognize Caisse de dépôt et placement du Québec, one of the Center’s newest partners. Caisse de dépôt was instrumental in making this year's Student Class Trip to Europe a reality, and will also be featured as Leaders in Real Estate on December 2, 2005. Learn more about Caisse de dépôt and CRE. MITCenterforReal Estate Phone: 617-253-4373 Fax: 617-258-6991 Email: mit-cre@mit.edu Mail: 77 Massachusetts Avenue, w31-310, Cambridge, MA 02139-4307 Breaking News Forum in Issues in Real Estate - San Francisco, CA Highlights Alumni/ae Reunion Weekend 2005 , 9/29 - 10/1 Tune in to the ARW 2005 Webcast on 9/30 at 3:30pm EST -- 2005 MIT/CRE Fall Open House Videos of 2004 Open House available Real Estate Opportunity Fund Investment Performance Persistence (pdf 274k) - by David Geltner, Thea C. Hahn, and Nori Gerardo-Lietz
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Sarasota Real Estate-Siesta Key Real Estate-Sarasota Homes and Condos Florida Sarasota Real Estate Siesta Key Real Estate Siesta Key Condos for Sale Florida Real Estate Sarasota Realtor MLS Sarasota Real Estate Searching for Sarasota Florida real estate? You've come to the right place! Luxury Homes and Condos on Siesta Key , Longboat Key , Casey Key , St. Armands , Lido Key - all Florida real estate needs including buying, selling, information, free MLS listings available on this site. Search like a realtor with no sign up unless you want more info! T ravel and home magazines describe Florida as a tropical paradise, and financial and investment publications feature lengthy articles about real estate and its rich economic vitality -- the height in luxury living! See why Money Magazine named Sarasota as one of the Best Places to Live . July 2005: Sarasota is experiencing a strong real estate market and soaring prices. A recent article in the H erald-Tribune refers to " the rising price of 'white gold'". The scarcity of premium beachfront land -- sand is the white gold of the real estate market -- is what drives the value . . . It's the land values and the scarcity that are driving this market. Prices are going out of sight! Real estate developers and realtors in Sarasota alike believe it won't be long before prices in Sarasota are as high as Naples and Boca Raton. Real estate listings referred to in the article sited waterfront luxury properties in Sarasota ranging from $5.4 million to rapidly approaching $20 million. Investors are flocking to Sarasota to view listings, buy condos and luxury waterfront property with views of Sarasota Bay and the Gulf of Mexico. Golfers want to retire here. Baby boomers are picking out properties before retirement -- Sarasota is hot, hot, hot!!! Neighborhood Update Sarasota's neighborhoods are tropical in nature and offer an outstanding Florida lifestyle. Some popular neighborhoods to check out: Forest Lakes and the Lakes Estates. Real estate owners in mainland Sarasota , appreciate what an extraordinary place Sarasota Florida is. A vital community, each facet of of our tropical city is just as exciting as the next. Special - Sarasota Lot for Sale - Waterfront on Phillippi Creek $695,000 Bubble Update P rices in Sarasota have increased considerably in the last few years but keep in mind, Florida prices are a bargain when compared to other areas such as Naples, San Diego, Boston and Washington, DC. For a chunk of white gold, give us a call today! Please enjoy our website and see why Sarasota is the best place to live in Florida! And good news for buyers, prices seem to be stabilizing with lots of new and resale homes on the market in October just in time for the 2006 season. Also news you should know - in October, the National Association of Realtor Research Group released studies of 130 U.S. cities including Sarasota-Bradenton-Venice market, to refute media claims that a housing bubble exists. Annette Smith REALTOR , e-PRO RE/MAX Properties 2000 Webber Street Sarasota, FL 34239 941.308.3814 941.954.5455 annette@annettesellssarasota.com www.AnnetteSellsSarasota.com Home Page Sarasota Real Estate and MLS Search Featured Homes for Sale Sarasota Prices About Sarasota Florida About Siesta Key-Florida About Other Florida Communities Home Buyer and Home Seller Resources Sarasota Community Information & Real Estate Resources Blog About Annette Contact Annette Sarasota Statistics November 2005: Looks like Sarasota prices are leveling off and a buyer's market could be just around the corner! Read More-Real Estate Prices in Sarasota! The crown jewels of Sarasota neighborhoods will always be its barrier islands of Siesta Key , Longboat Key , Casey Key , St. Armands , Bird Key , and Lido Key . With world-class championship golf courses , gourmet restaurants, quaint antique stores, live theater , sport fishing, boating, tennis, performing arts, beach walking, galleries, fine dining, collecting seashells and watching spectacular sunsets on the Gulf of Mexico or buying real estate. . . Sarasota has it all! Read an extensive list of Sarasota's accolades. Beaches, boating, golf, dining, shopping, theater -- there's always something exciting going on in Sarasota. Sophisticated or casual, upscale or economical activities and real estate, it's all just minutes away. Each area of Sarasota County has its own personality, and our visitors are delighted to find more vacation variety here than they ever expected. The City of Sarasota is home to gourmet restaurants and chic shops featuring the best items from around the world. Once known primarily as a vacation or retirement destination, today's Sarasota is home to diversity from mansions, distinctive waterfront properties, private waterfront estates to old Florida cottage charm. A great year-round climate, expanding employment opportunities, abundant leisure time activities and excellent schools attract creative entrepreneurs, real estate investors, skilled workers and professionals who want to thrive in a community where life is sun and fun. Almost half of Sarasota County's population is in the prime working age range of 25 to 64. No matter what your age or stage, there's always something interesting to do. Free Sarasota Information . Sarasota Condos - Information Come visit Sarasota and give Annette a call for a list of Sarasota homes for sale in the MLS and other Sarasota real estate information. Map Your Sarasota Florida Trip , view Find Siesta Key-City Data . For best gas prices in Sarasota, check out GasBuddy.com. - Send us an email: annette@annettesellssarasota.com if you have a question. The MLS Search for Florida Homes Sarasota Golf Communities For the golfer, Sarasota offers spectacular golf course homes in the communities of Lakewood Ranch, Prestancia, the Concession and Forest Lakes. Browse our Sarasota Golf Communities for the ultimate in golf course living and find the informationon all the courses on - Sarasota Golf Info! New! Downtown Sarasota Condos! Downtown Living! Water front Real Estate in Sarasota Our investment property professionals are available to assist you in the sales of ocean front condos,beachfront vacation condos, and luxury beach houses - in the most desirable locations and best neighborhoods throughout Sarasota, Siesta Key, Casey Key, Lido Key, St. Armands and Longboat Key. We specialize in finding you the perfect vacation home, whether it be as a private year round residence, or as rental investment property. The Sarasota real estate market and ocean front real estate sales are soaring, and we offer unique guidance in the purchase or sale of beach resort property. Spend some time with us on our website and our new blog and let us show you what the Sarasota lifestyle is all about. If you are just discovering our city, take a photo tour and then send us an email or give us a call for more information! e-mail Annette Smith, your Sarasota Realtor Sarasota Real Estate Sarasota homes Sarasota accolades Sarasota condos Sarasota downtown condos Sarasota Golf Course Homes Sarasota real estate values Choosing a Sarasota Realtor Sarasota new homes info Sarasota home buying tips Sarasota home selling tips Sarasota luxury homes for sale Sarasota luxury real estate Hot Neighborhood Sales Neighborhood Descriptions Sarasota Lifestyle Real estate related sites Sarasota real estate agents Sarasota preconstruction ___________ Siesta Key real estate Siesta Key waterfront condos Siesta Key Chamber of Commerce _________________ Longboat Key real estate Longboat Key waterfront condos Longboat Key Chamber of Commerce Lido Key real estate Lido Key waterfront condos _________________ Bird Key real estate Casey Key real estate Casey Key waterfront homes St. Armands real estate Sarasota featured homes Sarasota schools Sarasota Chamber of Commerce Realtors in other states Sarasota tour ________________ RE/MAX Properties C ommunity information links Selling for top dollar Your Quick Guide to Sarasota real estate ! Real Estate News Articles Preconstruction Real Estate Investments - Buy Now, Pay Later Waterfront Property - Four Hurricanes Haven't Slowed Sarasota Real Estate Sales Sarasota Condos -Waterfront Luxury Homes for the Stars Sarasota Hot Neighborhoods For the boater or just a water lover, Sarasota offers spectacular waterfront homes in the communities of Golden Gate Point . If water is not the priority, Forest Lakes Country Club has new zoning plans for the golf course, new condos and single-family homes in the forecast for this Sarasota gem. The Sarasota Board of Commissioners unanimously approved the project, and demolition of the existing Club House facility could begin as early as the second week of December 2005. For the best West of the Trail location, check out the area close to Morton's Gourmet Market. Another charming neighborhood is The Lakes Estates . Real Estate Relocation and Referral Resources Learn about this Relocation and Referral Network Real Estate Roster -- End Code -- "Web-Savvy" Relocation Realtors Relocating to another area? Please contact one of the real estate agents listed below to assist you with realty, relocation, MLS (multiple listing service), and city information in any of these areas. Or, we'll make the introductions for you as our relocation network is global. Please contact us regarding real estate professionals in another country, state or city . Los Angeles Real Estate The Real Estate Blog Bali Villas Boca Raton Homes for Sale Palm Beach Real Estate Boca Raton Florida Real Estate Southern California Real Estate Myrtle Beach Vacation Condo Rentals Miami Beach Real Estate Las Vegas Real Estate Clearwater Florida Real Estate Scottsdale and Phoenix Real Estate Metro Denver Relocation Nashville Real Estate Relocation Referral Network Myrtle Beach Condos Tenerife house for sale Santa Clarita Real Estate Sudbury MA Real Estate Millsboro Real Estate Boca Raton Real Estate Witchita Kansas Real Estate Lake Travis Real Estate Washington DC Real Estate Denver Real Estate La Crescenta CA Real Estate Leesburg VA Real Estate Hopkinton MA Real Estate Phoenix Real Estate Boca Raton FL Real Estate Myrtle Beach Vacation and Real Estate Guide Myrtle Beach Real Estate Tucson Real Estate Tucson Luxury Homes Calgary Canada Real Estate Tulsa and Oklahoma City Metro Real Estate Temecula Real Estate Hawaii Real Estate Hawaii MLS Homes Northern Illinois Real Estate & MLS Round Rock Realtor Las Vegas Condos-Las Vegas High Rises Myrtle Beach Preconstruction Aventura Real Estate Preconstruction Real Estate Myrtle Beach Golf Packages St. Augustine Beach Real Estate Garden City Real Estate Rehoboth Beach Real Estate Ulster County NY Real Estate Boston Real Estate Atlanta real estate San Jose Real Estate REMAX Columbus Ohio Real Estate Las Vegas Golf Homes-Las Vegas Country Clubs San Clemente Real Estate Naples Real Estate Henderson Real Estate Tampa Real Estate Utah Real Estate Pensacola Homes for Sale Westlake Village Real Estate and Calabasas Real Estate Sarasota Condos Sarasota Real Estate RELO-EXPERTS - Directory of Real Estate Agents New Resort Partners - Myrtle Beach South Carolina Myrtle Beach Preconstruction Condominiums Home and Garden Show exposwest.com: Producers of quality Public Events. Specializing in Home and Garden Shows and Pet Expo s. 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Sarasota Real Estate is featured in Agent-Pro Real Estate Directory Homes For Sale Listings Homes for sale listings, including multiple listing services (MLS), for sale by owner (FSBO), foreclosed houses and new homes Awarded Top 10% in the Nation for Consumer Satisfaction by the Internet Consumer Group Directory Real Estate - Meta-Directory for Real Estate Real Estate Link World Web www.annettesellssarasota.com Your online source for real estate, real estate agents, and homes for sale in Sarasota communities! Investment Real Estate Information in this site about Sarasota property for sale is collected from various resources and deemed to be reliable but not guaranteed. This site contains MLS real estate listings and resources on Siesta Key homes, mainland real estate in Sarasota , St. Armands, Bird Key , Casey Key luxury property, Lido Key, and Longboat Key Florida . Search the MLS in this site for information about Sarasota homes for sale, Buyer Tips and seller tips , mortgage info and other resources available also. AnnetteSellsSarasota.com offers a wide range of residential properties for sale. Annette and her network of realtors want to be your Sarasota Realtors and your online resource for information about homes listed in Sarasota, Florida -offering you housing info in our relocation website and a search of properties in the multiple listing service (mls listings). This comprehensive site offers direct MLS access to the latest properties for sale, homes, condos, condominiums, investment properties, Gulf Front, waterfront, beach properties, golf course communities in Sarasota, FL including community information, consumer resources, school information , free reports, answers to commonly asked real estate questions. Site updated daily. Our goal as your Sarasota Realtor is to help you be an informed home buyer or home seller in today's changing real estate market. When looking for homes for sale or if you need to sell a house, selecting your Realtor is an important decision. You will benefit from Annette and her relocation network of realtors combined real estate experience. When the time is right to buy or sell, call or e-mail Annette for a smooth transaction or a sophisticated internet marketing presentation to get your house listed in the MLS immediately. Call Annette Smith, your Sarasota connection, for all your Sarasota Florida real estate needs. We can refer you to a Naples Florida real estate agent if Naples is your dream. South Florida Realtors are in our network of partners as Naples is only 90 miles south on I-75- give us a call for a referral. Google | Yahoo | Altavista | MSN | AOL | Lycos | Ask Jeeves | Excite | Netscape | All The Web
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Real Estate Listing :: Gowealthy.com HAPPY NEW YEAR 2006 HOME | REAL ESTATE | TRAVEL | ENTERTAINMENT | PREMIUM CLUB MEMBER LOGIN User ID: Password: Not a member? Register now! Forgot password? WORLD PROPERTIES » Property home » List your property » View property listing DUBAI REAL ESTATE NEWS » Read News » Submit Press Release FREEHOLD GUIDE » General FAQ » Construction Updates » Currency Converter HOME | REAL ESTATE | LISTING property listing Filter Properties by Type All Apartment Duplex Villa Townhouse Beach House Farmhouse Island Retreat Retail Outlet Site Shop For All Sale Rent Re-Sale Bedroom All Studio 1 2 3 4 5 6 6+ Nill Country All Argentina Australia Belize Brazil Bulgaria China Dominican Republic Egypt France Greece India Lebanon Malaysia Mexico Morocco Pakistan Panama Portugal Singapore South Africa Spain Switzerland Turkey United Arab Emirates United Kingdom United States Uruguay Yugoslavia First Previous 1 2 3 4 5 6 7 Next Last Name Herdade Monte - a house with 11 bed-rooms Type Farmhouse Property for Sale Bedrooms 6+ Area 8,000,000 Sq.M. Price AED 7,500,000 City Arraiolos Country Portugal » More details » Property enquiry Name Small hotel/loft new refurbished with nine rooms in the Swiss mountains Type Villa Property for Sale Bedrooms 6+ Area 1,000 Sq.M. Price USD 1,350,000 City Matt Country Switzerland » More details » Property enquiry Name Freehold Hotel and Beach Club Type Site Property for Sale Bedrooms 6+ Area 4,500 Sq.M. Price EUR 9,500,000 City Tangier Country Morocco » More details » Property enquiry Name Hotel and Beach Club Type Site Property for Sale Bedrooms 6+ Area 4,500 Sq.M. Price EUR 9,500,000 City Tangier Country Morocco » More details » Property enquiry Name Beautiful villa on the med sea in tangier Type Villa Property for Sale Bedrooms 4 Area 953 Sq.M. Price EUR 500,000 City Tangier Country Morocco » More details » Property enquiry » List of active properties | LINK | ADVERTISE | SITEMAP | FAQ | FEEDBACK | CONTACT US | ASSOCIATES GOWEALTHY.COM © 2005. ALL RIGHTS RESERVED DISCLAIMER PRIVACY POLICY
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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
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