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Buy Property
Amazon.co.uk: Buying a Property in Spain: An Insider Guide to Finding a Home in the Sun: Books BOOK SEARCH BROWSE CATEGORIES SPECIAL OFFERS TOP SELLERS AUDIO BOOKS Paperbacks 3 for £12 NEW & USED TEXTBOOKS HARRY POTTER SELL YOUR BOOKS All Products -Books -Used Books -Collectable Books All Subjects -Art, Architecture & Photography -Audio Cassettes -Audio CDs -Biography -Business, Finance & Law -Children's Books -Comics & Graphic Novels -Computers & Internet -Crime, Thrillers & Mystery -Fiction -Food & Drink -Gay & Lesbian -Health, Family & Lifestyle -History -Home & Garden -Horror -Humour -Mind, Body & Spirit -Music, Stage & Screen -Poetry, Drama & Criticism -Reference & Languages -Religion & Spirituality -Romance -Science & Nature -Science Fiction & Fantasy -Scientific, Technical & Medical -Society, Politics & Philosophy -Sports, Hobbies & Games -Travel & Holiday -Young Adult All Subjects Art, Architecture & Photography Audio Cassettes Audio CDs Biography Business, Finance & Law Children's Books Comics & Graphic Novels Computers & Internet Crime, Thrillers & Mystery Education & Languages Fiction Food & Drink Gay & Lesbian Health, Family & Lifestyle History Home & Garden Horror Humour Mind, Body & Spirit Music, Stage & Screen Poetry, Drama & Criticism Reference Religion & Spirituality Romance Science & Nature Science Fiction & Fantasy Scientific, Technical & Medical Society, Politics & Philosophy Sports, Hobbies & Games Travel & Holiday Young Adult BOOKS INFO At A Glance Reviews Customer Reviews Search Inside! Table of Contents See more by this author E-mail a Friend About This Item Recommendations If you already own this, rate it and improve your recommendations , Not Rated Find a huge selection of books at 30% off Become an Associate Join our Associates Programme and make money from your website! Buying a Property in Spain: An Insider Guide to Finding a Home in the Sun Harry King Search inside this book List Price: £10.99 Our Price: £7.69 & eligible for Free UK delivery on orders over £15 with Super Saver Delivery. See details & conditions . You Save: £3.30 (30%) Availability: usually dispatched within 24 hours. 41 Used & New from £2.95 See larger photo Edition: Paperback More Product Details ~ See Table of Contents Perfect Partner Buy Buying a Property in Spain: An Insider Guide to Finding a... with The Best Places to Buy a Home in Spain today! Total List Price: £22.94 Buy Together Today: £16.05 Customers who bought this item also bought: Buying a Home in Spain 2005 ;Paperback~David Hampshire Going to Live in Spain: A Practical Guide to Enjoying a New Lifestyle in the Sun ;Paperback~Harry King Buying a House in Spain: Where and How to Do It (Buying a House S.) ;Paperback~Dan Boothby Gone to Spain: You Too Can Realise Your Dream of a Better Lifestyle ;Paperback~Tom Provan Living and Working in Spain: How to Prepare for a Successful Visit, Be It Short, Long-term or Forever (Living & Working Abroad) ;Paperback~Robert A.C. Richards Explore similar items ... Product Details: Paperback 256 pages(May 1, 2002) Publisher: How To Books Language: English ISBN: 185703791X Category(ies): Home & Garden , Travel & Holiday Average Customer Review: | Write a review Amazon.co.uk Sales Rank: 96,288 (Publishers and authors: improve your sales ) sign in to turn on 1-Click ordering. 31 New from 2.95 10 used from 3.50 Have one to sell? (We'll set one up for you) View my Wish List . Reviews Synopsis This guide to buying a property in Spain offers first-hand advice on where to stay, dealing with estate agents and builders and the types of properties available. It covers building your own home, renovating a ruin, and renting a cosy cottage. From the Author 'After 38 years of corporate life, work was giving little satisfaction. A change was necessary. I wanted to stop work but knew I couldn't simply retire and live happily in the UK. I still needed a challenge. Finally I decided to move to Spain. Why? Because Spain is relatively close to home, it has an excellent climate and the cost of living is lower than in Northern Europe. During my life I've made some good and bad decisions - but coming to Spain was one of the best I've made. I now live in a town house, on the edge of a Spanish village. The back door opens onto a path leading to the mountains. The front bedroom window overlooks the Med only a few kilometres away. The neighbours are all Spanish. It doesn't get much better than that.' See all reviews... New! Search Inside! ( Learn More ) Search inside this book: You can view sample pages from this book. Customer Reviews Avg. Customer Review: Write an online review and share your thoughts with other shoppers! Don't waste your time or money , October 6, 2005 Reviewer: feeMag from Dublin, Ireland I can see how this guy managed to buy a house in Spain. He wrote a book that is padded to the hilt with useless information fo fund it. If you want to know what the weather or the people in Spain are like then you can read about it in this book. The amount of helpful information about buying property in Spain can be found in about 2 pages, information that you would probably find online. Seriously don't waste your money by buying this book, save it for your house in Spain. Was this review helpful to you? 13 of 14 people found the following review helpful: A really practical guide to buying a house in Spain , June 30, 2003 Reviewer: Richard Parker from Bradford, England I found this book very helpful, especially the explanations of all the different legal documents. None of the other books I considered explain the legal documents involved in buying a Spanish property quite as clearly. The sample documents helped me to understand what was asked of me. As somebody who has never dealt with Spanish solicitors and agents before, I was glad to get a low-down on what they do and what to look out for from this book. A really useful book; well done, Harry King! Was this review helpful to you? 18 of 23 people found the following review helpful: Look elsewhere!! , June 4, 2003 Reviewer: Mr N Batcheler from London United Kingdom If you've never been to Spain before, know absolutely nothing about the country, and don't perhaps possess at least a minimal ammount of common sense then you might, just might, find something in this book of some use. Otherwise I would urge you not to waste your time or money by buying this book - I made the mistake so you don't have to! The style of writing is amateurish to say the least, the layout has obviously been designed by someone that's just bought some new software and wants to use all it's features at once, the content is shallow and next to useless as a guide to buying property. All in all I am amazed that this book ever made it into print, it really shouldn't have. I've only given it one star as it's not possible to give none! Was this review helpful to you? 54 of 58 people found the following review helpful: Buying a property in spain , November 9, 2002 Reviewer: mozz43 from Leeds, West Yorkshire United Kingdom If you,like me are considering buying a property in spain,either for permenant living (as i am)or soley for holidays and rental purposes buy and read this book before you do anything else. The book deals with all aspects of buying and all the legal side of a purchase in spain, and all the strange spainsh laws that us English do not understand,such as checking that the property has no debts attatched to it or if you buy and it has YOU are responsable for them. This book is well written,and in most part (not the law side)very easy to understand ,and has informed me of a lot of things i did not know which is very valuable when you are spending a lot of your hard earned cash on a purchase in a different contry with such uncommon laws,i would highly recommend this book if you are considering a place in the sun. Was this review helpful to you? Customers who bought books by Harry King also bought books by these authors: David Hampshire Joanna Styles Guy Hobbs Charles Davey Dan Boothby Look for similar books by subject: Browse for Books in: Subjects > Travel & Holiday > General Subjects > Travel & Holiday > Speciality Travel > Living & Working Abroad Subjects > Home & Garden > Buying & Developing Property > Property Guides Search for books by subject: Economics Housing & property for the individual Legal Reference / Law Profession Living & working abroad Portugal Property Spain i.e., each book must be in subject 1 AND subject 2 AND ... 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House RentalFees Rental fees
Renting Historic Samuel Cupples House | Saint Louis University text only | | about slu | | apply now | | contact slu | | give online | | slu home | | quicklinks Admissions Academics Academic Calendar Admin Offices Banner Billiken Athletics Campus Life Career Services Colleges and Schools Events on Campus Financial Aid Gateway: Intranet Giving to SLU Libraries Ministry and Outreach Museums and Art People Finder Research Resources for Reporters Safety Student Health SLUCare Technology Web Email WebCT Working at SLU | | | | a-to-z search Eleanor Turshin Glass Collection Now Open Preview the Collection General Information Directions and Map Cupples Museum Shop Art Collections Family and House History 1890 Virtual House Tour R. M. S. Republic Links Cupples Family Survives Disaster! Types of Tours Rent Cupples House Become A Member Fr. Maurice McNamee Fr. McNamee: The Visionary Who Saved Samuel Cupples House Home Guidelinesfor Event Rentalsat Saint Louis University's Historic Samuel Cupples House University Events Services: 977-3728, or 977-7162or 977-3729 (The Cupples House staff does not reserve or bookevents.) These guidelines are in place to prevent accidentsand damage to the historic Cupples House and art collections. We ask that yourespect the historic nature of Samuel Cupples House. Your signature on theconfirmation letter and contract is your acknowledgement that the SamuelCupples House is rented only in compliance with the following: General Only the first and second floors of Cupples House are opened for events scheduled at Cupples House. Sit-down dinners limited to 60 in attendance. Stand-up receptions limited to 150 guests. No smoking in Cupples House on any floors; in galleries, bathrooms or kitchen. No taper candles allowed. Votive candles may be used only if part of a floral table arrangements. Floral arrangements are limited to table centerpieces only. Personal property left at Cupples House will be held for two days only unless other arrangements are made. Cupples House assumes no responsibility for personal property during or after an event. Telephone may be used only in an emergency. Physicians should identify themselves to Cupples House staff if medical calls are expected. Music No dancing is permitted. No brass, band or amplified instruments. String instruments and piano music only. Prohibited Access Backstairs may not be used except in case of emergency. No windows on any floors can be opened. No access to the third floor. No access to exterior balconies on any floor. No access to staff offices, kitchen, storerooms, rooms under installation or otherwise marked as private. Guests Children under the age of 12 are not permitted in the house. No animals allowed except seeing eye dogs with advance permission. Handicapped access is limited to the first floor. Disabled guests should notify event services in advance. Refreshments No alcoholic beverage may be served to anyone under the age of 21. No liquor, beer, or wine may be brought in from outside. Alcoholic beverages must be ordered through our designated caterer only. No outside food may be brought in. University caterer is recommended but not required. Outside caterer must meet with Cupples House director prior to signing reservation contract. No food or drink is permitted on the upper floors of Cupples House. Parties are limited to the first floor only. No food or drink allowed on antique furniture or textiles. Red wine is not permitted in the Conservatory. If accidental spills occur, we request you notify an event services staff member so that the spill may be cleaned up immediately. Table, Bar Set-Up and SpecialEquipment Your event services contact will supply client with examples of table set-up. In order to comply with safety codes, table arrangements may have to be changed in order to keep exit clear and to protect antique furniture. Special needs for podium, reception or presentation tables must be requested no later than one week prior to event. Piano and/or electronic equipment needs must be made at time of booking. Cupples House does not supply electronic equipment. (Screens, slide projectors, carts, VCRs, extension cords, etc.) Event Services can assist the client in arranging this equipment. Deliveries Cupples House has limited storage space for outside deliveries. Deliveries accepted only on the day of the event. All deliveries for evening events must be picked up by 10:30 a.m. on the next business day. Please advise your Event Services contact two days in advance to arrange access. A list of deliveries and the company names must be provided in advance in order to arrange parking gate access. This includes, florists, musicians, party rentals and musical instruments. Parking Visitors are directed to park in the Saint Louis University garage at Grand and Laclede. Photography Photography strictly for personal use is allowed. Photography for reproduction or commercial use is not allowed without prior permission from the Saint Louis University Marketing and Communications Department. To prevent damage, photography, video cameras and photography lighting cannot be directed onto any painting, print or photograph. Cupples House reserves theright to restrict the use of any electronic equipment. Consideration of the Fine andDecorative Art Collection and Historical House No sitting on antique furniture; especially furniture tied off by ribbons. No decorations may be hung, taped, stapled or otherwise attached to the interior architecture or furniture. No furniture or objects may be moved unless approved and supervised by Cupples House staff. If front porch or porte-cochere is used for a reception area, all signs, tables and debris must be removed at the end of the event. Samuel Cupples House RentalFees Rental fees are based on afour-hour rental. Additional hours over four are charged at $100 per each hour. Our closing time is 10:30 p.m. All guests must vacate no later than 11p.m. Cupples House is available for two hour wedding photography sessions.Additional time past the two hour session will be assessed at $100 per each hour. Hours Daytime events: Mondays only. 11 a.m. to 4 p.m. Evening events: Mondaysthrough Sundays. 6 p.m. to 10:30 p.m. Fees/Charges Booking fee four hour reservation of the 1 st and 2 nd floor of Cupples House $250, university departments. $300, university faculty, staff, partners. $750, external group. Weekend surcharge (Fri., Sat., Sunday) $50, university departments $50, university faculty, staff, partners $250, external group Attendant fee $100, university departments $100, university faculty, staff, partners $200, external group Housekeeping fee $50 per 50 guests Piano fee $100 Wedding Photography (up to two hours) $175 Damage Deposit for allexternal rentals $250 How to Make Reservations andPayment: Call University EventsServices: 977-3728, or 977-7162 or 977-3729 Rental of Samuel Cupples Houseis determined on the appropriate nature of the event and on a first-come,first-served basis. Cupples House is unavailableduring the following periods: The month of January, the month of August, allmajor holidays and the weekends surrounding major holidays. These are: NewYear's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Dayand Christmas Day. In addition, Cupples House isnot available the week preceding Commencement on the third Saturday of May, andvarious other dates when the University is closed. In some circumstances, the Universityadministration and/or some departments have necessary priority in bookingcertain annual functions. These periods are in conjunction with the opening andclosing months of the academic year and the Thanksgiving to Christmas season. The following types of eventsare not appropriate for Cupples House rental: Wedding ceremonies or photography events Events which serve as a promotion for alcohol or tobacco products Events which have band instruments or dancing Fundraising events for non-University clients Photography or film location shoots without prior permission of the Saint Louis University Marketing and Communications Department Reservations: Reservations will be held for10 days after the mailing of the Event Booking/Reservation form.After returning your space reservation sheet with the required fee, you will besent a special events guidelines packet. Please read the guidelines carefullyto make sure that your planning and interests comply with the list ofregulations. Your deposit or IDO confirmsyour reservation. If not received within 10 days, the date is released to otherpossible clients. Payment Balance for external clientsis due two weeks prior to date of event. Certificate of Insurance forexternal clients due 10 days prior to date of event. Damage Deposit External Clients: A damage deposit of $250 isnecessary for every event. This deposit will be held andthen returned to the client within 10 days after the event assuming thatCupples House was not damaged during your event.. University Departments: The University insurancecarries a deductible of $1,000 so that Cupples House cannot submit claims belowthat amount. Damage that occurs to the interior woodwork, or furniture or artcollection below $1,000 will be billed to the University department along witha statement of loss or repair estimate. Refunds To hold a space, 100 percentof the room cost and administration fee are required. The remaining fees mustbe paid two weeks before the event. If you cancel, all fees except theadministrative fee will be returned one month prior to the event. Half of thedown payment will be returned if the event is canceled two weeks to one monthprior. If the event is canceled less than two weeks prior to the event, no feewill be returned. History Links | Samuel Cupples | Women's Page Chronology | Architecture | Gilded Age about slu | apply now | contact slu | give online | slu home ©1818 - 2005 SAINT LOUIS UNIVERSITY Where Knowledge Touches Lives ®
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