reglab/housing_qa huggingface dataset:
WA Rev Code § 19.144.100 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.144 - Mortgage Lending and Homeownership.|19.144.100 - Unlawful actions—Proceeds and interest in real property—Criminal penalties.

RCW 19.144.100 Unlawful actions—Proceeds and interest in real property—Criminal penalties.(1)(a) It is unlawful for a person to use or invest proceeds, or any part of proceeds, knowing that the proceeds, or any part of the proceeds, were derived, directly or indirectly, from a pattern of mortgage fraud activity, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.(b) A violation of this subsection is a class B felony.(2)(a) It is unlawful for a person to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property knowing the interest or control was obtained through a pattern of mortgage fraud.(b) A violation of this subsection is a class B felony.(3)(a) It is unlawful for a person to knowingly conspire or attempt to violate subsection (1) or (2) of this section.(b) A violation of this subsection is a class C felony.[ 2008 c 108 § 11.]
WA Rev Code § 19.144.110 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.144 - Mortgage Lending and Homeownership.|19.144.110 - Civil and administrative penalties.

RCW 19.144.110 Civil and administrative penalties.Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.[ 2008 c 108 § 12.]
WA Rev Code § 19.144.120 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.144 - Mortgage Lending and Homeownership.|19.144.120 - Director—Powers—Enforcement of chapter.

RCW 19.144.120 Director—Powers—Enforcement of chapter.The director or the director's designee may, at his or her discretion, take such actions as provided for in Titles *30, 32, and 33 RCW, and chapters 31.12, 31.04, and 19.146 RCW, to enforce, investigate, or examine persons covered by this chapter.[ 2008 c 108 § 13.]NOTES:*Reviser's note: Title 30 RCW was recodified and/or repealed pursuant to 2014 c 37, effective January 5, 2015.
WA Rev Code § 19.146.005 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.005 - Findings and declaration.

RCW 19.146.005 Findings and declaration.The legislature finds and declares that the brokering of residential real estate loans substantially affects the public interest, requiring that all actions in mortgage brokering be actuated by good faith, and that mortgage brokers, designated brokers, loan originators, and other persons subject to this chapter abstain from deception, and practice honesty and equity in all matters relating to their profession. The practices of mortgage brokers and loan originators have had significant impact on the citizens of the state and the banking and real estate industries. It is the intent of the legislature to establish a state system of licensure in addition to rules of practice and conduct of mortgage brokers and loan originators to promote honesty and fair dealing with citizens and to preserve public confidence in the lending and real estate community.[ 2008 c 108 § 21; 2006 c 19 § 1; 1994 c 33 § 1; 1993 c 468 § 1; 1987 c 391 § 1.]NOTES:Findings—2008 c 108: See RCW 19.144.005.Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201.Effective dates—1993 c 468: See note following RCW 19.146.200.
WA Rev Code § 19.146.040 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.040 - Written contract required—Contract entered by loan originator binding on mortgage broker—Written loan broker agreement required.

RCW 19.146.040 Written contract required—Contract entered by loan originator binding on mortgage broker—Written loan broker agreement required.(1) Every contract between a mortgage broker, or a loan originator, and a borrower must be in writing and contain the entire agreement of the parties.(2) Any contract under this section entered by a loan originator is binding on the mortgage broker.(3) A mortgage broker must have a written loan broker agreement with a lender before any solicitation of, or contracting with, the public.[ 2015 c 229 § 9; 2006 c 19 § 6; 1994 c 33 § 19; 1987 c 391 § 6.]
WA Rev Code § 19.146.050 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.050 - Moneys for third-party provider services deemed in trust—Deposit of moneys in trust account—Use of trust account—Rules—Tax treatment.

RCW 19.146.050 Moneys for third-party provider services deemed in trust—Deposit of moneys in trust account—Use of trust account—Rules—Tax treatment.(1) All moneys received by a mortgage broker from a borrower for payment of third-party provider services shall be deemed as held in trust immediately upon receipt by the mortgage broker. A mortgage broker shall deposit, prior to the end of the third business day following receipt of such trust funds, all such trust funds in a trust account of a federally insured financial institution located in this state. All trust account funds collected under this chapter must remain on deposit in a trust account in the state of Washington until disbursement. The trust account shall be designated and maintained for the benefit of borrowers. Moneys maintained in the trust account shall be exempt from execution, attachment, or garnishment. A mortgage broker shall not in any way encumber the corpus of the trust account or commingle any other operating funds with trust account funds. Withdrawals from the trust account shall be only for the payment of bona fide services rendered by a third-party provider or for refunds to borrowers.(2) The director shall make rules which: (a) Direct mortgage brokers how to handle checks and other instruments that are received by the broker and that combine trust funds with other funds; and (b) permit transfer of trust funds out of the trust account for payment of other costs only when necessary and only with the prior express written permission of the borrower.(3) Any interest earned on the trust account shall be refunded or credited to the borrowers at closing.(4) Trust accounts that are operated in a manner consistent with this section and any rules adopted by the director, are not considered gross receipts taxable under chapter 82.04 RCW.(5) A person violating this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.[ 2003 c 53 § 158; 1998 c 311 § 1; 1997 c 106 § 5; 1987 c 391 § 7.]NOTES:Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.Intent—Retroactive application—1998 c 311: "The intent of sections 1 and 3 of this act is to clarify the original intent of sections 5 and 21, chapter 106, Laws of 1997 and shall not be construed otherwise. Therefore, sections 1 and 3 of this act apply retroactively to July 27, 1997." [ 1998 c 311 § 30.]Severability—1997 c 106: See note following RCW 19.146.010.
WA Rev Code § 19.146.060 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.060 - Accounting requirements.

RCW 19.146.060 Accounting requirements.(1) A mortgage broker shall use generally accepted accounting principles.(2) Except as otherwise provided in subsection (3) of this section, a mortgage broker shall maintain accurate and current books and records which shall be readily available at a location available to the director until at least three years have elapsed following the effective period to which the books and records relate.(3) Where a mortgage broker's usual business location is outside of the state of Washington, the mortgage broker shall, as determined by the director by rule, either maintain its books and records at a location in this state, or reimburse the director for his or her expenses, including but not limited to transportation, food, and lodging expenses, relating to any examination or investigation resulting under this chapter.(4) "Books and records" includes but is not limited to:(a) Copies of all advertisements placed by or at the request of the mortgage broker which mention rates or fees. In the case of radio or television advertisements, or advertisements placed on a telephonic information line or other electronic source of information including but not limited to a computer database or electronic bulletin board, a mortgage broker shall keep copies of the precise script for the advertisement. All advertisement records shall include for each advertisement the date or dates of publication and name of each periodical, broadcast station, or telephone information line which published the advertisement or, in the case of a flyer or other material distributed by the mortgage broker, the dates, methods, and areas of distribution; and(b) Copies of all documents, notes, computer records if not stored in printed form, correspondence or memoranda relating to a borrower from whom the mortgage broker has accepted a deposit or other funds, or accepted a residential mortgage loan application or with whom the mortgage broker has entered into an agreement to assist in obtaining a residential mortgage loan.[ 2013 c 30 § 4; 2006 c 19 § 7; 1997 c 106 § 6; 1994 c 33 § 20; 1987 c 391 § 8.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.
WA Rev Code § 19.146.070 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.070 - Fee, commission, or compensation—When permitted.

RCW 19.146.070 Fee, commission, or compensation—When permitted.(1) Except as otherwise permitted by this section, a mortgage broker must not receive a fee, commission, or compensation of any kind in connection with the preparation, negotiation, and brokering of a residential mortgage loan unless a borrower actually obtains a loan from a lender on the terms and conditions agreed upon by the borrower and mortgage broker. A loan originator may not accept a fee, commission, or compensation of any kind from borrowers in connection with the preparation, negotiation, and brokering of a residential mortgage loan.(2) A mortgage broker may:(a) If the mortgage broker has obtained for the borrower a written commitment from a lender for a loan on the terms and conditions agreed upon by the borrower and the mortgage broker, and the borrower fails to close on the loan through no fault of the mortgage broker, charge a fee not to exceed three hundred dollars for services rendered, preparation of documents, or transfer of documents in the borrower's file which were prepared or paid for by the borrower if the fee is not otherwise prohibited by the truth in lending act, 15 U.S.C. Sec. 1601, and Regulation Z, 12 C.F.R. Part 1026, as now or hereafter amended; or(b) Solicit or receive fees for third party provider goods or services in advance. Fees for any goods or services not provided must be refunded to the borrower and the mortgage broker may not charge more for the goods and services than the actual costs of the goods or services charged by the third party provider.(3) A loan originator may not solicit or receive fees for a third-party provider of goods or services except that a loan originator may transfer funds from a borrower to a licensed mortgage broker, exempt mortgage broker, or third-party provider, if the loan originator does not deposit, hold, retain, or use the funds for any purpose other than the payment of bona fide fees to third-party providers.[ 2015 c 229 § 10; 2006 c 19 § 8; 1993 c 468 § 13; 1987 c 391 § 9.]NOTES:Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201.Effective dates—1993 c 468: See note following RCW 19.146.200.
WA Rev Code § 19.146.080 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.080 - Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—Conditions—Exceptions.

RCW 19.146.080 Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—Conditions—Exceptions.Except as otherwise required by the United States Code or the Code of Federal Regulations, now or as amended, if a borrower is unable to obtain a loan for any reason and the borrower has paid for an appraisal, title report, or credit report in full, the mortgage broker shall give a copy of the appraisal, title report, or credit report to the borrower and transmit the originals to any other mortgage broker or lender to whom the borrower directs that the documents be transmitted. Regardless of whether the borrower has obtained a loan, the mortgage broker must provide the copies or transmit the documents within five days after the borrower has made the request in writing.[ 1997 c 106 § 7; 1987 c 391 § 10.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.
WA Rev Code § 19.146.085 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.085 - Duties—Generally.

RCW 19.146.085 Duties—Generally.The activities of a mortgage broker affect the public interest, and require that all actions of mortgage brokers, designated brokers, loan originators, and other persons subject to this chapter be actuated by good faith, abstain from deception, and practice honesty and equity in all matters related to their profession. The duty of preserving the integrity of the mortgage broker business rests upon the mortgage broker, designated broker, loan originator, and other persons subject to this chapter.[ 2008 c 108 § 20.]NOTES:Findings—2008 c 108: See RCW 19.144.005.
WA Rev Code § 19.146.095 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.095 - Fiduciary duties.

RCW 19.146.095 Fiduciary duties.(1) A mortgage broker has a fiduciary relationship with the borrower. For the purposes of this section, the fiduciary duty means that the mortgage broker has the following duties:(a) A mortgage broker must act in the borrower's best interest and in the utmost good faith toward the borrower, and shall disclose any and all interests to the borrower including, but not limited to, interests that may lie with the lender that are used to facilitate a borrower's request. A mortgage broker shall not accept, provide, or charge any undisclosed compensation or realize any undisclosed remuneration that inures to the benefit of the mortgage broker on an expenditure made for the borrower;(b) A mortgage broker must carry out all lawful instructions provided by the borrower;(c) A mortgage broker must disclose to the borrower all material facts of which the mortgage broker has knowledge that might reasonably affect the borrower's rights, interests, or ability to receive the borrower's intended benefit from the residential mortgage loan;(d) A mortgage broker must use reasonable care in performing duties; and(e) A mortgage broker must provide an accounting to the borrower for all money and property received from the borrower.(2) A mortgage broker may contract for or collect a fee for services rendered if the fee is disclosed to the borrower in advance of the provision of those services.(3) The fiduciary duty in this section does not require a mortgage broker to offer or obtain access to loan products and services other than those that are available to the mortgage broker at the time of the transaction.(4) The director must adopt rules to implement this section.[ 2008 c 109 § 1.]
WA Rev Code § 19.146.100 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.100 - Violations of chapter—Application of consumer protection act.

RCW 19.146.100 Violations of chapter—Application of consumer protection act.The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.[ 1994 c 33 § 25; 1987 c 391 § 12.]
WA Rev Code § 19.146.103 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.103 - Financial interest in a mortgage broker—Prohibited practices.

RCW 19.146.103 Financial interest in a mortgage broker—Prohibited practices.(1) A mortgage broker, loan originator, officer or employee of any mortgage broker, or person who has a financial interest in a mortgage broker shall not, directly or indirectly, give any fee, kickback, payment, or other thing of value to any person as an inducement, reward for placing business, referring business, or causing title insurance business to be given to a title insurance agent in which the mortgage broker, loan originator, or person having a financial interest in the mortgage broker also has a financial interest.(2) A mortgage broker, loan originator, or person who has a financial interest in a mortgage broker shall not either solicit or accept, or both, anything of value from: A title insurance company, a title insurance agent, or the employees or representatives of a title insurance company or title insurance agent, that a title insurance company or title insurance agent is not permitted by law or rule to give to the mortgage broker, loan originator, or person who has a financial interest in the mortgage broker.(3) A mortgage broker, loan originator, or person who has a financial interest in a mortgage broker shall not prevent or deter a title insurance company, title insurance agent, or their employees or representatives from delivering to a mortgage broker or loan originator or its employees, independent contractors, and clients printed promotional material concerning only title insurance services as long as:(a) The material is business appropriate and is not misleading or false;(b) The material does not malign the mortgage broker or loan originator, its employees, independent contractors, or affiliates;(c) The delivery of the materials is limited to those areas of the mortgage broker or loan originator's physical office reserved for unrestricted public access; and(d) The conduct of the employees or representatives is appropriate for a business setting and does not threaten the safety or health of anyone in the mortgage broker's or loan originator's office.(4) A mortgage broker or loan originator shall not require a consumer, as a condition of providing loans or real estate settlement services, to obtain title insurance from a title insurance agent in which the mortgage broker or loan originator has a financial interest.[ 2008 c 110 § 12.]
WA Rev Code § 19.146.110 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.110 - Criminal penalty.

RCW 19.146.110 Criminal penalty.Any person who violates any provision of this chapter other than RCW 19.146.050 or any rule or order of the director is guilty of a misdemeanor punishable under chapter 9A.20 RCW.[ 2003 c 53 § 159; 1993 c 468 § 20; 1987 c 391 § 13.]NOTES:Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201.Effective dates—1993 c 468: See note following RCW 19.146.200.
WA Rev Code § 19.146.200 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.200 - Mortgage broker or loan originator—License required—Suit or action for collection of compensation—Designated broker required.

RCW 19.146.200 Mortgage broker or loan originator—License required—Suit or action for collection of compensation—Designated broker required.(1) A person, unless specifically exempted from this chapter under RCW 19.146.020, may not engage in the business of a mortgage broker or loan originator without first obtaining and maintaining a license under this chapter.(2) A person may not bring a suit or action for the collection of compensation in connection with a residential mortgage loan unless the plaintiff alleges and proves that he or she was a duly licensed mortgage broker, or exempt from the license requirement of this chapter, at the time of offering to perform or performing any such an act or service regulated by this chapter.(3) Every licensed mortgage broker must at all times have a designated broker responsible for all activities of the mortgage broker in conducting the business of a mortgage broker. A designated broker, principal, or owner who has supervisory authority over a mortgage broker is responsible for a licensee's, employee's, or independent contractor's violations of this chapter and its rules if:(a) The designated broker, principal, or owner directs or instructs the conduct or, with knowledge of the specific conduct, approves or allows the conduct; or(b) The designated broker, principal, or owner who has supervisory authority over the licensed mortgage broker knows or by the exercise of reasonable care and inquiry should have known of the conduct, at a time when its consequences can be avoided or mitigated and fails to take reasonable remedial action.[ 2012 c 17 § 12; 2006 c 19 § 9; 1997 c 106 § 8; 1994 c 33 § 7; 1993 c 468 § 5.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.Effective dates—1993 c 468: "(1) Sections 2 through 4, 9, 13, and 21 through 23 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 17, 1993].(2) Sections 6 through 8, 10, 18, and 19 of this act shall take effect September 1, 1993.(3) Sections 1, 5, 11, 12, 14 through 17, and 20 of this act shall take effect October 31, 1993. However, the effective date of section 5 of this act may be delayed thirty days upon an order of the director of licensing under section 7(3) of this act." [ 1993 c 468 § 26.] The director of licensing did not delay the effective date.Adoption of rules—Severability—1993 c 468: See notes following RCW 19.146.0201.
WA Rev Code § 19.146.215 (2021)
2021 Revised Code of Washington|Title 19 - Business Regulations—Miscellaneous|Chapter 19.146 - Mortgage Broker Practices Act.|19.146.215 - Continuing education—Rules.

RCW 19.146.215 Continuing education—Rules.The designated broker of every licensee shall complete an annual continuing education requirement. The director shall establish standards in rule for approval of professional organizations offering continuing education to designated brokers. The director may approve continuing education taken by designated brokers in other states if the director is satisfied that such continuing education meets the requirements of the continuing education required by this chapter.[ 2006 c 19 § 12; 1997 c 106 § 11; 1994 c 33 § 11.]NOTES:Severability—1997 c 106: See note following RCW 19.146.010.