State Codes and Statutes

Statutes > California > Fin > 50700-50706

FINANCIAL CODE
SECTION 50700-50706



50700.  (a) A residential mortgage lender, or a person or employee
acting under the authority of a residential mortgage lender's
license, including a mortgage loan originator, shall not provide
brokerage services to a borrower, except as provided in subdivision
(c).
   (b) "Brokerage services" means either of the following:
   (1) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, and closed in the name of that lender, for a fee
paid by the borrower or the institutional lender.
   (2) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, but closed in the name of the licensee, for a fee
paid by the borrower or the institutional lender.
   (c) A residential mortgage lender or a mortgage loan originator
employed by a residential mortgage lender may provide brokerage
services under the authority of the lender's license, if the lender
first enters into a written brokerage agreement with the borrower
that satisfies the requirements of Section 50701.
   (d) This chapter does not authorize a residential mortgage lender
licensee to do any of the following:
   (1) Provide brokerage services through independent contractors.
   (2) Provide brokerage services through an employee not licensed as
a mortgage loan originator.
   (3) Obtain or attempt to obtain for a borrower a residential
mortgage loan that is a "high cost mortgage," referred to in Section
152(aa)(1) of the federal Home Ownership and Equity Protection Act of
1994, as amended (15 U.S.C. Sec. 1602(aa)).
   (4) Hold itself out to borrowers, through advertising, as a
mortgage broker, rather than a residential mortgage lender. However,
a licensee shall disclose its status as a broker or agent when that
disclosure is required by law.
   (5) Perform activity subject to Section 10131 of the Business and
Professions Code, except activities authorized by this division.
   (e) A mortgage loan originator may only provide brokerage services
as an employee of a licensed residential mortgage lender.




50701.  (a) As soon as practical after a borrower requests that the
residential mortgage lender licensee arrange a loan to be made by
another institutional lender, and before the licensee performs
brokerage services for the borrower, the licensee and borrower shall
enter into a written loan brokerage agreement that satisfies the
requirements of this section.
   (b) Both the licensee's authorized representative, who shall be a
licensed mortgage loan originator, and the borrower shall sign and
date the loan brokerage agreement, and the licensee shall deliver a
copy of the fully executed loan brokerage agreement to the borrower
either upon execution, if the documents are signed in the licensee's
office, or within three business days after execution.
   (c) The loan brokerage agreement shall include the mortgage loan
originator's unique identifier.
   (d) The loan brokerage agreement shall contain an explicit
statement that (1) the licensee is acting as the agent of the
borrower in providing brokerage services to the borrower, and (2)
when acting as agent for the borrower, it owes to that borrower a
fiduciary duty of utmost care, honesty, and loyalty in the
transaction, including the duty of full disclosure of all material
facts. If the licensee is authorized to act as an agent for any other
person, the brokerage agreement shall contain a statement of that
fact and identification of that person.
   (e) The loan brokerage agreement shall contain a detailed
description of the services the licensee agrees to perform for the
borrower, and a good faith estimate of any fees the licensee will
receive for those services, whether paid by the borrower, the
institutional lender, or both.
   (f) The loan brokerage agreement shall carry a clear and
conspicuous statement of the conditions under which the borrower is
obligated to pay the licensee for brokerage services rendered under
the agreement.
   (g) The loan brokerage agreement shall provide that, if the
licensee makes a materially false or misleading statement or omission
in the inducement or implementation of the agreement, the borrower
may, in addition to any other legal rights or remedies, upon written
notice, do any of the following:
   (1) Rescind the brokerage agreement.
   (2) Recover fees paid by the borrower to the licensee for
brokerage services rendered by the licensee pursuant to the
agreement.
   (3) Recover actual costs, including attorney's fees, for enforcing
the borrower's rights under the loan brokerage agreement.
   (h) If the loan brokerage agreement fails to set forth the rights
in subdivision (g), these rights shall be implied by operation of
law.
   (i) The loan brokerage agreement shall be the only agreement
between the borrower and the licensee with respect to a single loan.
   (j) A licensee whose services to a borrower are limited to
providing brokerage services may not require a borrower to pay fees
or charges before the residential mortgage loan closing, other than
either of the following:
   (1) Actual charges to be incurred by the licensee on behalf of the
borrower for services from third parties necessary to process the
application, such as credit reports, appraisals, inspections, flood
certification, and tax service, and, in transactions where those
services are provided by the licensee, a charge not to exceed the fee
customarily charged for the same or comparable service in the
community in which the service was rendered.
   (2) An application fee.
   A licensee may not accept a fee under Section 50203(a)(1) or (2)
and subsequently require a borrower to pay additional fees or charges
under this paragraph for the borrower's loan transaction.
   (k) Any loan brokerage agreement that provides for the collection
of an application fee shall be approved as to form by the
commissioner before its use by a licensee, if the agreement meets the
following requirements:
   (1) The agreement specifies the services to be rendered for the
application fee.
   (2) The agreement sets forth the amount of the application fee and
the date the fee becomes due and payable.
   (3) The agreement does not contain a provision that purports to
except or relieve the licensee from the responsibility to fulfill
verbal commitments and representations made by employees or agents of
the licensee when contracting for the application fee, or guarantee
that a loan will be obtained.
   (4) The agreement sets forth a definite date for full performance
of the services promised in exchange for the application fee.



50702.  (a) The annual report required by Section 50401(a) shall
include both of the following:
   (1) The number and the aggregate principal amount of closed
residential mortgage loans secured by residential real estate in
which the licensee provides brokerage services, as defined in this
chapter.
   (2) The number and aggregate principal amount of residential
mortgage loans made by the licensee under this division.
   (b) The sum total of the aggregate principal loan amounts reported
in paragraphs (1) and (2) of subdivision (a) shall be deemed the
aggregate principal amount of mortgage loans secured by residential
real property originated by the licensee, for purposes of determining
a licensee's annual assessment under subdivision (a) of Section
50401.
   (c) The commissioner shall provide copies of the annual reports
required by subdivision (a) of Section 50401 to the Department of
Real Estate upon request of the Real Estate Commissioner.



50703.  Notwithstanding Section 10248.3 of the Business and
Professions Code, the provisions of Article 7 (commencing with
Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business
and Professions Code shall apply to a residential mortgage loan
arranged by a licensee pursuant to this chapter, unless that loan
exceeds the principal loan amount specified for a bona fide loan
secured directly or collaterally by a first trust deed or a bona fide
loan secured directly or collaterally by a lien junior thereto,
specified in Section 10245 of the Business and Professions Code.




50706.  (a) Except as provided in subdivision (b), the commissioner
has primary regulatory jurisdiction over all transactions in which a
licensed residential mortgage lender provides brokerage services,
whether the brokerage services are provided under the authority of
this chapter or under the Real Estate Law.
   (b) If the commissioner has reason to believe that a residential
mortgage lender or one of its employees has violated the Real Estate
Law while providing brokerage services under a real estate broker's
license, the commissioner shall refer the matter to the Real Estate
Commissioner, who may conduct an investigation to determine if a
violation of the Real Estate Law has occurred. If the Real Estate
Commissioner believes a violation has occurred, the Real Estate
Commissioner may commence an enforcement action under the Real Estate
Law.

State Codes and Statutes

Statutes > California > Fin > 50700-50706

FINANCIAL CODE
SECTION 50700-50706



50700.  (a) A residential mortgage lender, or a person or employee
acting under the authority of a residential mortgage lender's
license, including a mortgage loan originator, shall not provide
brokerage services to a borrower, except as provided in subdivision
(c).
   (b) "Brokerage services" means either of the following:
   (1) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, and closed in the name of that lender, for a fee
paid by the borrower or the institutional lender.
   (2) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, but closed in the name of the licensee, for a fee
paid by the borrower or the institutional lender.
   (c) A residential mortgage lender or a mortgage loan originator
employed by a residential mortgage lender may provide brokerage
services under the authority of the lender's license, if the lender
first enters into a written brokerage agreement with the borrower
that satisfies the requirements of Section 50701.
   (d) This chapter does not authorize a residential mortgage lender
licensee to do any of the following:
   (1) Provide brokerage services through independent contractors.
   (2) Provide brokerage services through an employee not licensed as
a mortgage loan originator.
   (3) Obtain or attempt to obtain for a borrower a residential
mortgage loan that is a "high cost mortgage," referred to in Section
152(aa)(1) of the federal Home Ownership and Equity Protection Act of
1994, as amended (15 U.S.C. Sec. 1602(aa)).
   (4) Hold itself out to borrowers, through advertising, as a
mortgage broker, rather than a residential mortgage lender. However,
a licensee shall disclose its status as a broker or agent when that
disclosure is required by law.
   (5) Perform activity subject to Section 10131 of the Business and
Professions Code, except activities authorized by this division.
   (e) A mortgage loan originator may only provide brokerage services
as an employee of a licensed residential mortgage lender.




50701.  (a) As soon as practical after a borrower requests that the
residential mortgage lender licensee arrange a loan to be made by
another institutional lender, and before the licensee performs
brokerage services for the borrower, the licensee and borrower shall
enter into a written loan brokerage agreement that satisfies the
requirements of this section.
   (b) Both the licensee's authorized representative, who shall be a
licensed mortgage loan originator, and the borrower shall sign and
date the loan brokerage agreement, and the licensee shall deliver a
copy of the fully executed loan brokerage agreement to the borrower
either upon execution, if the documents are signed in the licensee's
office, or within three business days after execution.
   (c) The loan brokerage agreement shall include the mortgage loan
originator's unique identifier.
   (d) The loan brokerage agreement shall contain an explicit
statement that (1) the licensee is acting as the agent of the
borrower in providing brokerage services to the borrower, and (2)
when acting as agent for the borrower, it owes to that borrower a
fiduciary duty of utmost care, honesty, and loyalty in the
transaction, including the duty of full disclosure of all material
facts. If the licensee is authorized to act as an agent for any other
person, the brokerage agreement shall contain a statement of that
fact and identification of that person.
   (e) The loan brokerage agreement shall contain a detailed
description of the services the licensee agrees to perform for the
borrower, and a good faith estimate of any fees the licensee will
receive for those services, whether paid by the borrower, the
institutional lender, or both.
   (f) The loan brokerage agreement shall carry a clear and
conspicuous statement of the conditions under which the borrower is
obligated to pay the licensee for brokerage services rendered under
the agreement.
   (g) The loan brokerage agreement shall provide that, if the
licensee makes a materially false or misleading statement or omission
in the inducement or implementation of the agreement, the borrower
may, in addition to any other legal rights or remedies, upon written
notice, do any of the following:
   (1) Rescind the brokerage agreement.
   (2) Recover fees paid by the borrower to the licensee for
brokerage services rendered by the licensee pursuant to the
agreement.
   (3) Recover actual costs, including attorney's fees, for enforcing
the borrower's rights under the loan brokerage agreement.
   (h) If the loan brokerage agreement fails to set forth the rights
in subdivision (g), these rights shall be implied by operation of
law.
   (i) The loan brokerage agreement shall be the only agreement
between the borrower and the licensee with respect to a single loan.
   (j) A licensee whose services to a borrower are limited to
providing brokerage services may not require a borrower to pay fees
or charges before the residential mortgage loan closing, other than
either of the following:
   (1) Actual charges to be incurred by the licensee on behalf of the
borrower for services from third parties necessary to process the
application, such as credit reports, appraisals, inspections, flood
certification, and tax service, and, in transactions where those
services are provided by the licensee, a charge not to exceed the fee
customarily charged for the same or comparable service in the
community in which the service was rendered.
   (2) An application fee.
   A licensee may not accept a fee under Section 50203(a)(1) or (2)
and subsequently require a borrower to pay additional fees or charges
under this paragraph for the borrower's loan transaction.
   (k) Any loan brokerage agreement that provides for the collection
of an application fee shall be approved as to form by the
commissioner before its use by a licensee, if the agreement meets the
following requirements:
   (1) The agreement specifies the services to be rendered for the
application fee.
   (2) The agreement sets forth the amount of the application fee and
the date the fee becomes due and payable.
   (3) The agreement does not contain a provision that purports to
except or relieve the licensee from the responsibility to fulfill
verbal commitments and representations made by employees or agents of
the licensee when contracting for the application fee, or guarantee
that a loan will be obtained.
   (4) The agreement sets forth a definite date for full performance
of the services promised in exchange for the application fee.



50702.  (a) The annual report required by Section 50401(a) shall
include both of the following:
   (1) The number and the aggregate principal amount of closed
residential mortgage loans secured by residential real estate in
which the licensee provides brokerage services, as defined in this
chapter.
   (2) The number and aggregate principal amount of residential
mortgage loans made by the licensee under this division.
   (b) The sum total of the aggregate principal loan amounts reported
in paragraphs (1) and (2) of subdivision (a) shall be deemed the
aggregate principal amount of mortgage loans secured by residential
real property originated by the licensee, for purposes of determining
a licensee's annual assessment under subdivision (a) of Section
50401.
   (c) The commissioner shall provide copies of the annual reports
required by subdivision (a) of Section 50401 to the Department of
Real Estate upon request of the Real Estate Commissioner.



50703.  Notwithstanding Section 10248.3 of the Business and
Professions Code, the provisions of Article 7 (commencing with
Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business
and Professions Code shall apply to a residential mortgage loan
arranged by a licensee pursuant to this chapter, unless that loan
exceeds the principal loan amount specified for a bona fide loan
secured directly or collaterally by a first trust deed or a bona fide
loan secured directly or collaterally by a lien junior thereto,
specified in Section 10245 of the Business and Professions Code.




50706.  (a) Except as provided in subdivision (b), the commissioner
has primary regulatory jurisdiction over all transactions in which a
licensed residential mortgage lender provides brokerage services,
whether the brokerage services are provided under the authority of
this chapter or under the Real Estate Law.
   (b) If the commissioner has reason to believe that a residential
mortgage lender or one of its employees has violated the Real Estate
Law while providing brokerage services under a real estate broker's
license, the commissioner shall refer the matter to the Real Estate
Commissioner, who may conduct an investigation to determine if a
violation of the Real Estate Law has occurred. If the Real Estate
Commissioner believes a violation has occurred, the Real Estate
Commissioner may commence an enforcement action under the Real Estate
Law.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Fin > 50700-50706

FINANCIAL CODE
SECTION 50700-50706



50700.  (a) A residential mortgage lender, or a person or employee
acting under the authority of a residential mortgage lender's
license, including a mortgage loan originator, shall not provide
brokerage services to a borrower, except as provided in subdivision
(c).
   (b) "Brokerage services" means either of the following:
   (1) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, and closed in the name of that lender, for a fee
paid by the borrower or the institutional lender.
   (2) Obtaining or attempting to obtain, on behalf of a borrower, a
residential mortgage loan, as defined in subdivision (p) of Section
50003, secured by residential real estate, as defined in subdivision
(v) of Section 50003, made with the funds of another institutional
lender, as defined in paragraphs (1), (2), and (4) of subdivision (k)
of Section 50003, but closed in the name of the licensee, for a fee
paid by the borrower or the institutional lender.
   (c) A residential mortgage lender or a mortgage loan originator
employed by a residential mortgage lender may provide brokerage
services under the authority of the lender's license, if the lender
first enters into a written brokerage agreement with the borrower
that satisfies the requirements of Section 50701.
   (d) This chapter does not authorize a residential mortgage lender
licensee to do any of the following:
   (1) Provide brokerage services through independent contractors.
   (2) Provide brokerage services through an employee not licensed as
a mortgage loan originator.
   (3) Obtain or attempt to obtain for a borrower a residential
mortgage loan that is a "high cost mortgage," referred to in Section
152(aa)(1) of the federal Home Ownership and Equity Protection Act of
1994, as amended (15 U.S.C. Sec. 1602(aa)).
   (4) Hold itself out to borrowers, through advertising, as a
mortgage broker, rather than a residential mortgage lender. However,
a licensee shall disclose its status as a broker or agent when that
disclosure is required by law.
   (5) Perform activity subject to Section 10131 of the Business and
Professions Code, except activities authorized by this division.
   (e) A mortgage loan originator may only provide brokerage services
as an employee of a licensed residential mortgage lender.




50701.  (a) As soon as practical after a borrower requests that the
residential mortgage lender licensee arrange a loan to be made by
another institutional lender, and before the licensee performs
brokerage services for the borrower, the licensee and borrower shall
enter into a written loan brokerage agreement that satisfies the
requirements of this section.
   (b) Both the licensee's authorized representative, who shall be a
licensed mortgage loan originator, and the borrower shall sign and
date the loan brokerage agreement, and the licensee shall deliver a
copy of the fully executed loan brokerage agreement to the borrower
either upon execution, if the documents are signed in the licensee's
office, or within three business days after execution.
   (c) The loan brokerage agreement shall include the mortgage loan
originator's unique identifier.
   (d) The loan brokerage agreement shall contain an explicit
statement that (1) the licensee is acting as the agent of the
borrower in providing brokerage services to the borrower, and (2)
when acting as agent for the borrower, it owes to that borrower a
fiduciary duty of utmost care, honesty, and loyalty in the
transaction, including the duty of full disclosure of all material
facts. If the licensee is authorized to act as an agent for any other
person, the brokerage agreement shall contain a statement of that
fact and identification of that person.
   (e) The loan brokerage agreement shall contain a detailed
description of the services the licensee agrees to perform for the
borrower, and a good faith estimate of any fees the licensee will
receive for those services, whether paid by the borrower, the
institutional lender, or both.
   (f) The loan brokerage agreement shall carry a clear and
conspicuous statement of the conditions under which the borrower is
obligated to pay the licensee for brokerage services rendered under
the agreement.
   (g) The loan brokerage agreement shall provide that, if the
licensee makes a materially false or misleading statement or omission
in the inducement or implementation of the agreement, the borrower
may, in addition to any other legal rights or remedies, upon written
notice, do any of the following:
   (1) Rescind the brokerage agreement.
   (2) Recover fees paid by the borrower to the licensee for
brokerage services rendered by the licensee pursuant to the
agreement.
   (3) Recover actual costs, including attorney's fees, for enforcing
the borrower's rights under the loan brokerage agreement.
   (h) If the loan brokerage agreement fails to set forth the rights
in subdivision (g), these rights shall be implied by operation of
law.
   (i) The loan brokerage agreement shall be the only agreement
between the borrower and the licensee with respect to a single loan.
   (j) A licensee whose services to a borrower are limited to
providing brokerage services may not require a borrower to pay fees
or charges before the residential mortgage loan closing, other than
either of the following:
   (1) Actual charges to be incurred by the licensee on behalf of the
borrower for services from third parties necessary to process the
application, such as credit reports, appraisals, inspections, flood
certification, and tax service, and, in transactions where those
services are provided by the licensee, a charge not to exceed the fee
customarily charged for the same or comparable service in the
community in which the service was rendered.
   (2) An application fee.
   A licensee may not accept a fee under Section 50203(a)(1) or (2)
and subsequently require a borrower to pay additional fees or charges
under this paragraph for the borrower's loan transaction.
   (k) Any loan brokerage agreement that provides for the collection
of an application fee shall be approved as to form by the
commissioner before its use by a licensee, if the agreement meets the
following requirements:
   (1) The agreement specifies the services to be rendered for the
application fee.
   (2) The agreement sets forth the amount of the application fee and
the date the fee becomes due and payable.
   (3) The agreement does not contain a provision that purports to
except or relieve the licensee from the responsibility to fulfill
verbal commitments and representations made by employees or agents of
the licensee when contracting for the application fee, or guarantee
that a loan will be obtained.
   (4) The agreement sets forth a definite date for full performance
of the services promised in exchange for the application fee.



50702.  (a) The annual report required by Section 50401(a) shall
include both of the following:
   (1) The number and the aggregate principal amount of closed
residential mortgage loans secured by residential real estate in
which the licensee provides brokerage services, as defined in this
chapter.
   (2) The number and aggregate principal amount of residential
mortgage loans made by the licensee under this division.
   (b) The sum total of the aggregate principal loan amounts reported
in paragraphs (1) and (2) of subdivision (a) shall be deemed the
aggregate principal amount of mortgage loans secured by residential
real property originated by the licensee, for purposes of determining
a licensee's annual assessment under subdivision (a) of Section
50401.
   (c) The commissioner shall provide copies of the annual reports
required by subdivision (a) of Section 50401 to the Department of
Real Estate upon request of the Real Estate Commissioner.



50703.  Notwithstanding Section 10248.3 of the Business and
Professions Code, the provisions of Article 7 (commencing with
Section 10240) of Chapter 3 of Part 1 of Division 4 of the Business
and Professions Code shall apply to a residential mortgage loan
arranged by a licensee pursuant to this chapter, unless that loan
exceeds the principal loan amount specified for a bona fide loan
secured directly or collaterally by a first trust deed or a bona fide
loan secured directly or collaterally by a lien junior thereto,
specified in Section 10245 of the Business and Professions Code.




50706.  (a) Except as provided in subdivision (b), the commissioner
has primary regulatory jurisdiction over all transactions in which a
licensed residential mortgage lender provides brokerage services,
whether the brokerage services are provided under the authority of
this chapter or under the Real Estate Law.
   (b) If the commissioner has reason to believe that a residential
mortgage lender or one of its employees has violated the Real Estate
Law while providing brokerage services under a real estate broker's
license, the commissioner shall refer the matter to the Real Estate
Commissioner, who may conduct an investigation to determine if a
violation of the Real Estate Law has occurred. If the Real Estate
Commissioner believes a violation has occurred, the Real Estate
Commissioner may commence an enforcement action under the Real Estate
Law.

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