reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.233 - Subpoena authority—Application—Contents—Notice—Fees.

RCW 19.146.233
Subpoena authority—Application—Contents—Notice—Fees.
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 § 5.]
NOTES:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.237 - Director—Powers under chapter 19.144 RCW.

RCW 19.146.237
Director—Powers under chapter 19.144 RCW.
The director or the director's designee may take such action as provided for in this chapter to enforce, investigate, or examine persons covered by chapter 19.144 RCW.
[ 2008 c 108 § 14.]
NOTES:
Findings—2008 c 108: See RCW 19.144.005.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.240 - Violations—Claims against bond or alternative.

RCW 19.146.240
Violations—Claims against bond or alternative.
(1) The director or any person injured by a violation of this chapter may bring an action against the surety bond or approved alternative of the licensed mortgage broker who committed the violation or who employed or engaged the loan originator who committed the violation.
(2)(a) The director or any person who is damaged by the licensee's or its loan originator's violation of this chapter, or rules adopted under this chapter, may bring suit upon the surety bond or approved alternative in the superior court of any county in which jurisdiction over the licensee may be obtained. Jurisdiction shall be exclusively in the superior court. Except as provided in subsection (2)(b) of this section, in the event valid claims of borrowers against a bond or deposit exceed the amount of the bond or deposit, each borrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of filing of any claim or action. If, after all valid borrower claims are paid, valid claims by nonborrower claimants exceed the remaining amount of the bond or deposit, each nonborrower claimant shall only be entitled to a pro rata amount, based on the amount of the claim as it is valid against the bond or deposit, without regard to the date of the filing or any claim or action. A judgment arising from a violation of this chapter or rule adopted under this chapter shall be entered for actual damages and in no case be less than the amount paid by the borrower to the licensed mortgage broker plus reasonable attorneys' fees and costs. In no event shall the surety bond or approved alternative provide payment for any trebled or punitive damages.
(b) Borrowers shall be given priority over the director and other persons in distributions in actions against the surety bond. The director and other third parties shall then be entitled to distribution to the extent of their claims as found valid against the remainder of the bond. In the case of claims made by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. This provision regarding priority shall not restrict the right of any claimant to file a claim.
(3) The remedies provided under this section are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 2013 c 30 § 6; 1997 c 106 § 15; 1994 c 33 § 21; 1993 c 468 § 14.]
NOTES:
Severability—1997 c 106: See note following RCW 19.146.010.
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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.245 - Violations—Liability.

RCW 19.146.245
Violations—Liability.
A licensed mortgage broker is liable for any conduct violating this chapter by the designated broker, a loan originator, or other licensed mortgage broker while employed or engaged by the licensed mortgage broker.
[ 1997 c 106 § 16; 1994 c 33 § 22; 1993 c 468 § 15.]
NOTES:
Severability—1997 c 106: See note following RCW 19.146.010.
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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.250 - Authority restricted to person named in license—Exceptions.

RCW 19.146.250
Authority restricted to person named in license—Exceptions.
No license issued under the provisions of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to operate in any other manner than under his or her own name except:
(1) A licensed mortgage broker may operate or advertise under a name other than the one under which the license is issued by obtaining the written consent of the director to do so; and
(2) A broker may establish one or more branch offices under a name or names different from that of the main office if the name or names are approved by the director, so long as each branch office is clearly identified as a branch or division of the main office. Both the name of the branch office and of the main office must clearly appear on the sign identifying the office, if any, and in any advertisement or on any letterhead of any stationery or any forms, or signs used by the mortgage firm on which either the name of the main or branch offices appears.
[ 1997 c 106 § 17; 1993 c 468 § 16.]
NOTES:
Severability—1997 c 106: See note following RCW 19.146.010.
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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.260 - Registered agent for brokers without physical office in state—Venue.

RCW 19.146.260
Registered agent for brokers without physical office in state—Venue.
Every licensed mortgage broker that does not maintain a physical office within the state must maintain a registered agent within the state to receive service of any lawful process in any judicial or administrative noncriminal suit, action, or proceeding against the licensed mortgage broker which arises under this chapter or any rule or order under this chapter, with the same force and validity as if served personally on the licensed mortgage broker. Service upon the registered agent shall not be effective unless the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, no later than the next business day sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director. In any judicial action, suit, or proceeding arising under this chapter or any rule or order adopted under this chapter between the department or director and a licensed mortgage broker who does not maintain a physical office in this state, venue shall be exclusively in the superior court of Thurston county.
[ 2000 c 171 § 74; 1997 c 106 § 18; 1994 c 33 § 23; 1993 c 468 § 17.]
NOTES:
Severability—1997 c 106: See note following RCW 19.146.010.
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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.265 - Branch offices—Fee—Licenses—Rules.

RCW 19.146.265
Branch offices—Fee—Licenses—Rules.
A licensee may not maintain more than one place of business under the same license unless:
(1) The director approves the licensed mortgage broker's application, made in a form and manner established in rule, to establish one or more branch offices under the same or different name as the main office. The applicant must be in good standing with the department, as defined in rule by the director, and the director must promptly issue a license for each of the branch offices showing the location of the main office and the particular branch; or
(2) The place of business is a licensed mortgage loan originator's residence and the licensed mortgage loan originator and licensed sponsoring company comply with state and federal information security requirements and other requirements as provided in this chapter and in rule, consistent with the purposes of this section.
[ 2021 c 15 § 4; 2015 c 229 § 16; 1997 c 106 § 19; 1994 c 33 § 24; 1993 c 468 § 18.]
NOTES:
Severability—1997 c 106: See note following RCW 19.146.010.
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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.320 - Loan originator license—Not assignable.

RCW 19.146.320
Loan originator license—Not assignable.
A loan originator license, or the authority granted under such a license, is not assignable and cannot be transferred, sold, or franchised by contract or any other means.
[ 2006 c 19 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.325 - Loan originator license—Test.

RCW 19.146.325
Loan originator license—Test.
(1) To obtain a loan originator license, an individual must pass a test developed by the nationwide mortgage licensing system and registry and administered by a test provider approved by the nationwide mortgage licensing system and registry based upon reasonable standards.
(2) An individual is not considered to have passed a test unless the individual achieves a test score of not less than seventy-five percent correct answers to questions.
(a) An individual may retake a test three consecutive times with each consecutive taking occurring at least thirty days after the preceding test.
(b) After failing three consecutive tests, an individual must wait at least six months before taking the test again.
(c) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer must retake the test, not taking into account any time during which that individual is a registered mortgage loan originator.
(3) This section does not prohibit a test provider approved by the nationwide mortgage licensing system and registry from providing a test at the location of the employer of the loan originator applicant or any subsidiary or affiliate of the employer of the applicant, or any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.
[ 2009 c 528 § 8.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.340 - Loan originator applicants.

RCW 19.146.340
Loan originator applicants.
(1) Each loan originator applicant shall complete at least twenty hours of prelicensing education approved by the nationwide mortgage licensing system and registry. The prelicensing education shall include at least three hours of federal law and regulations; three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; two hours of training related to lending standards for the nontraditional mortgage product marketplace; and at least two hours of training specifically related to Washington law.
(2) A loan originator applicant having successfully completed the prelicensing education requirements approved by the nationwide mortgage licensing system and registry for any state shall be accepted as credit towards completion of prelicensing education requirements in this state.
(3) This chapter does not preclude any prelicensing education course, as approved by the nationwide mortgage licensing system and registry, that is provided by the employer of the loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such an employer or entity. Prelicensing education may be offered either in a classroom, online, or by any other means approved by the nationwide mortgage licensing system and registry.
[ 2009 c 528 § 7.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.350 - Loan originators—Continuing education—Requirements.

RCW 19.146.350
Loan originators—Continuing education—Requirements.
(1) A licensed mortgage loan originator must complete a minimum of eight hours of continuing education, eight of which is approved by the nationwide mortgage licensing system and registry which must include at least three hours of federal law and regulations; two hours of ethics, which must include instruction on fraud, consumer protection, and fair lending issues; and two hours of training related to lending standards for the nontraditional mortgage product marketplace. Additionally, the director may require at least one hour of continuing education on Washington law provided by and administered through an approved provider.
(2) The nationwide mortgage licensing system and registry must review and approve continuing education courses. Review and approval of a continuing education course must include review and approval of the course provider.
(3) A licensed mortgage loan originator may only receive credit for a continuing education course in the year in which the course is taken, and may not take the same approved course in the same or successive years to meet the annual requirements for continuing education.
(4) A licensed mortgage loan originator who is an instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours credit for every one hour taught.
(5) A person having successfully completed the education requirements approved by the nationwide mortgage licensing system and registry for any state must have their credits accepted as credit towards completion of continuing education requirements in this state.
(6) This section does not preclude any education course, as approved by the nationwide mortgage licensing system and registry, that is provided by the employer of the mortgage loan originator or an entity which is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of such employer or entity. Continuing education may be offered either in a classroom, online, or by any other means approved by the nationwide mortgage licensing system and registry.
[ 2009 c 528 § 11.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.353 - Residential mortgage loan modification services—Written fee agreement—Limitation on fees—Rules.

RCW 19.146.353
Residential mortgage loan modification services—Written fee agreement—Limitation on fees—Rules.
(1) In addition to any other requirements under federal or state law, an advance fee may not be collected for residential mortgage loan modification services unless a written disclosure summary of all material terms, in the format adopted by the department under subsection (2) of this section, has been provided to the borrower.
(2) The department shall adopt by rule a model written fee agreement, and any other rules necessary to implement this section. This may include, but is not limited to, usual and customary fees for residential mortgage loan modification services.
[ 2010 c 35 § 16.]
NOTES:
Effective date—2010 c 35: See RCW 31.04.904.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.355 - Third-party residential mortgage loan modification services providers—Duties—Restrictions.

RCW 19.146.355
Third-party residential mortgage loan modification services providers—Duties—Restrictions.
(1) In addition to complying with all requirements for loan originators under this chapter, third-party residential mortgage loan modification services providers must:
(a) Provide a written fee disclosure summary as described in RCW 19.146.353 before accepting any advance fee;
(b) Not receive an advance fee greater than seven hundred fifty dollars;
(c) Not charge total fees in excess of usual and customary charges, or total fees that are not reasonable in light of the service provided; and
(d) Immediately inform the borrower in writing if the owner of the loan requires additional information from the borrower, or if it becomes apparent that a residential mortgage loan modification is not possible.
(2) As a condition for providing a loan modification or loan modification services, third-party residential mortgage loan modification services providers and individuals servicing a residential mortgage loan must not require or encourage a borrower to:
(a) Sign a waiver of his or her legal defenses, counterclaims, and other legal rights against the servicer for future acts;
(b) Sign a waiver of his or her right to contest a future foreclosure;
(c) Waive his or her right to receive notice before the owner or servicer of the loan initiates foreclosure proceedings;
(d) Agree to pay charges not enumerated in any agreement between the borrower and the lender, servicer, or owner of the loan; or
(e) Cease communication with the lender, investor, or loan servicer.
(3) Failure to comply with subsection (1) of this section is a violation of RCW 19.144.080.
[ 2010 c 35 § 17.]
NOTES:
Effective date—2010 c 35: See RCW 31.04.904.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.357 - Mortgage loan originator—License required—Nationwide mortgage licensing system and registry.

RCW 19.146.357
Mortgage loan originator—License required—Nationwide mortgage licensing system and registry.
An individual defined as a mortgage loan originator may not engage in the business of a mortgage loan originator without first obtaining and maintaining annually a license under this chapter. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the nationwide mortgage licensing system and registry.
[ 2010 c 35 § 18.]
NOTES:
Effective date—2010 c 35: See RCW 31.04.904.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.360 - Director's duty—Process to challenge information—Nationwide mortgage licensing system and registry.

RCW 19.146.360
Director's duty—Process to challenge information—Nationwide mortgage licensing system and registry.
The director shall establish a process whereby mortgage loan originators may challenge information entered into the nationwide mortgage licensing system and registry by the director.
[ 2009 c 528 § 12.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.370 - Disclosure of information—Privilege—Confidentiality—Exceptions.

RCW 19.146.370
Disclosure of information—Privilege—Confidentiality—Exceptions.
(1) Except as otherwise provided in section 1512 of the S.A.F.E. act, the requirements under any federal law or chapter 42.56 RCW regarding the privacy or confidentiality of any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, continues to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. Information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or state law.
(2) For the purposes under subsection (1) of this section, the director is authorized to enter agreements or sharing arrangements with other governmental agencies, the conference of state bank supervisors, the American association of residential mortgage regulators, or other associations representing governmental agencies as established by rule, regulation, or order of the director.
(3) Information or material that is subject to a privilege or confidentiality under subsection (1) of this section is not subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or
(b) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process unless, with respect to any privilege held by the nationwide mortgage licensing system and registry with respect to that information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of that person, that privilege.
(4) Chapter 42.56 RCW relating to the disclosure of confidential supervisory information or any information or material described in subsection (1) of this section that is inconsistent with subsection (1) of this section is superseded by the requirements of this section.
(5) This section does not apply to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the nationwide mortgage licensing system and registry for access by the public.
[ 2009 c 528 § 15.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.380 - Director's authority to contract—Records and fees.

RCW 19.146.380
Director's authority to contract—Records and fees.
In order to fulfill the purposes of chapter 528, Laws of 2009, the director is authorized to establish relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this chapter.
[ 2009 c 528 § 16.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.390 - Mortgage brokers—Call reports—Licensing system and registry.

RCW 19.146.390
Mortgage brokers—Call reports—Licensing system and registry.
Each mortgage broker licensee must submit call reports through the nationwide mortgage licensing system and registry in a form and containing the information as prescribed by the director or as deemed necessary by the nationwide mortgage licensing system and registry.
[ 2015 c 229 § 18; 2009 c 528 § 17.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.400 - Director's authority—Violation and enforcement reporting.

RCW 19.146.400
Director's authority—Violation and enforcement reporting.
The director is authorized to regularly report violations of chapter 528, Laws of 2009, as well as enforcement actions and other relevant information, to the nationwide mortgage licensing system and registry.
[ 2009 c 528 § 18.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.903 - Effective dates—1994 c 33.

RCW 19.146.903
Effective dates—1994 c 33.
This act is 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 [March 21, 1994], except section 5 of this act which shall take effect June 1, 1994.
[ 1994 c 33 § 29.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.904 - Implementation of act—2006 c 19.

RCW 19.146.904
Implementation of act—2006 c 19.
The director of the department of financial institutions or the director's designee may take such steps as are necessary to ensure that chapter 19, Laws of 2006 is implemented on January 1, 2007.
[ 2006 c 19 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.905 - Effective date—2006 c 19.

RCW 19.146.905
Effective date—2006 c 19.
This act takes effect January 1, 2007.
[ 2006 c 19 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.148 - Mortgage Loan Servicing. › 19.148.010 - Finding—Purpose.

RCW 19.148.010
Finding—Purpose.
The ability of individuals to obtain information relating to their residential mortgage loans is vital to the financial needs of mortgagors in Washington. The public interest is adversely affected when a residential mortgage loan's servicing is sold or transferred with insufficient notification given to the mortgagor. In addition, mortgagors may experience difficulty in obtaining various mortgage loan information including information concerning mortgage loan prepayments, reserve accounts, and adjustments to monthly payments. The legislature finds that the legitimate interests of mortgagors and mortgage loan servicers are served if the disclosure of the potential sale of loan servicing is made to the mortgagor, reasonable notification of a residential mortgage loan servicing's sale is made, and continued mortgagor access to information regarding the mortgage loan is promoted.
[ 1989 c 98 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.148 - Mortgage Loan Servicing. › 19.148.020 - Definitions.

RCW 19.148.020
Definitions.
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Lender" shall mean any person in the business of making a loan.
(2) "Loan" shall mean any loan used to finance the acquisition of a one-to-four family owner-occupied residence located in this state.
(3) "Purchasing servicing agent" is any person who purchases, receives through transfer or assignment, or otherwise acquires the responsibility of the servicing for a loan.
(4) "Person" shall include an individual, firm, association, partnership, business, trust, corporation, or any other legal entity whether resident or nonresident.
[ 1989 c 98 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.148 - Mortgage Loan Servicing. › 19.148.030 - Disclosure requirements—Action for damages.

RCW 19.148.030
Disclosure requirements—Action for damages.
(1) If the servicing for the loan is subject to sale, transfer, or assignment, a lender shall so disclose in writing at the time of or prior to loan closing and shall also disclose in the same writing that when such servicing is sold, transferred, or assigned, the purchasing servicing agent is required to provide notification to the mortgagor. If a lender, which has not provided the notice required by this subsection, consolidates with, merges with or is acquired by another institution, and thereafter loan servicing becomes subject to sale, transfer, or assignment, that institution shall within thirty days of such transaction make the disclosure in writing to the obligor primarily responsible for repaying each loan according to the records of the lender.
(2) If the servicing of a loan is sold, assigned, transferred, or otherwise acquired by another person, the purchasing servicing agent shall:
(a)(i) Issue corrected coupon or payment books, if used and necessary;
(ii) Provide notification to the mortgagor at least thirty days prior to the due date of the first payment to the purchasing servicing agent, of the name, address, and telephone number of the division from whom the mortgagor can receive information regarding the servicing of the loan; and
(iii) Inform the mortgagor of changes made regarding the servicing requirements including, but not limited to, interest rate, monthly payment amount, and escrow balance; and
(b) Respond within fifteen business days upon receipt of a written request for information from a mortgagor. A written response must include the telephone number of the company division who can assist the mortgagor.
(3) Any person injured by a violation of this chapter may bring an action for actual damages and reasonable attorneys' fees and costs incurred in bringing the action.
[ 1989 c 98 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.148 - Mortgage Loan Servicing. › 19.148.900 - Effective date—1989 c 98.

RCW 19.148.900
Effective date—1989 c 98.
This act shall take effect on January 1, 1990.
[ 1989 c 98 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.149 - Residential Mortgage Loan Closing—Valuation Disclosure. › 19.149.010 - Definitions.

RCW 19.149.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Lender" means any person doing business under the laws of this state or the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, insurance companies, real estate investment trusts as defined in 26 U.S.C. Sec. 856 and the affiliates, subsidiaries, and service corporations thereof, and all other persons who make residential mortgage loans.
(2) "Residential mortgage loan" means any loan used for the purchase of a single-family dwelling or multiple-family dwelling of four or less units secured by a mortgage or deed of trust on the residential real estate.
[ 1994 c 295 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.149 - Residential Mortgage Loan Closing—Valuation Disclosure. › 19.149.020 - Purchase money residential mortgage loans—Provision to borrower of documents used by lender to evaluate value—Written waiver.

RCW 19.149.020
Purchase money residential mortgage loans—Provision to borrower of documents used by lender to evaluate value—Written waiver.
A lender shall provide to the borrower, prior to the closing of a residential mortgage loan, true and complete copies of all appraisals or other documents relied upon by the lender in evaluating the value of the dwelling to be financed. A borrower may waive in writing the lender's duty to provide the appraisals or other documents prior to closing. This written waiver may not be construed to in any way limit the lender's duty to provide the information to the borrower at a reasonable later date. This section shall only apply to purchase money residential mortgage loans.
[ 1994 c 295 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.020 - Lien on personal property.

RCW 19.150.020
Lien on personal property.
The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, late fees, and costs of the sale, present or future, incurred pursuant to the rental agreement, and for expenses necessary for the preservation, sale, or disposition of personal property subject to this chapter. The lien may be enforced consistent with this chapter. However, any lien on a motor vehicle or boat which has attached and is set forth in the documents of title to the motor vehicle or boat shall have priority over any lien created pursuant to this chapter.
[ 2008 c 61 § 3; 1988 c 240 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.030 - Unpaid rent—Denial of access to storage space.

RCW 19.150.030
Unpaid rent—Denial of access to storage space.
When any part of the rent or other charges due from an occupant remains unpaid for six consecutive days, and the rental agreement so provides, an owner may deny the occupant access to the storage space at a self-service storage facility.
[ 1988 c 240 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.040 - Unpaid rent—Termination of occupant's rights—Notice.

RCW 19.150.040
Unpaid rent—Termination of occupant's rights—Notice.
(1) When any part of the rent or other charges due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant to the use of the storage space at a self-service storage facility by sending a preliminary lien notice to the occupant's last known address, and to the alternative address specified in RCW 19.150.120(2), by first-class mail, postage prepaid, or electronic mail [email] address, containing all of the following:
(a) An itemized statement of the owner's claim showing the sums due at the time of the notice and the date when the sums become due.
(b) A statement that the occupant's right to use the storage space will terminate on a specified date (not less than fourteen days after the notice is sent) unless all sums due and to become due by that date are paid by the occupant prior to the specified date.
(c) A notice that the occupant may be denied or continue to be denied, as the case may be, access to the storage space after the termination date if the sums are not paid, and that an owner's lien, as provided for in RCW 19.150.020 may be imposed thereafter.
(d) The name, street address, and telephone number of the owner, or his or her designated agent, whom the occupant may contact to respond to the notice.
(2) The owner may not send by electronic mail [email] the notice required under this section to the occupant's last known address or alternative address unless:
(a) The occupant expressly agrees to notice by electronic mail [email];
(b) The rental agreement executed by the occupant specifies in bold type that notices will be given to the occupant by electronic mail [email];
(c) The owner provides the occupant with the electronic mail [email] address from which notices will be sent and directs the occupant to modify his or her email settings to allow electronic mail [email] from that address to avoid any filtration systems; and
(d) The owner notifies the occupant of any change in the electronic mail [email] address from which notices will be sent prior to the address change.
[ 2015 c 13 § 2; 2007 c 113 § 2; 1988 c 240 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.050 - Form of notice.

RCW 19.150.050
Form of notice.
A notice in substantially the following form shall satisfy the requirements of RCW 19.150.040:
"PRELIMINARY LIEN NOTICE
to
(occupant)
(address)
(state)
You owe and have not paid rent and/or other charges for the use of storage
(space number)
at
(name and address of self-service storage facility)
Charges that have been due for more than fourteen days and accruing on or before
(date)
are itemized as follows:
DUE DATE
DESCRIPTION
AMOUNT
TOTAL $_____
IF this sum is not paid in full before
(date at least fourteen days from mailing)
, your right to use the storage space will terminate, you may be denied, or continue to be denied, access and an owner's lien on any stored property will be imposed. You may pay the sum due and contact the owner at:
(Name)
(Address)
(State)
(Telephone)
(Date)
(Owner's Signature)
"
[ 1988 c 240 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.070 - Sale of property.

RCW 19.150.070
Sale of property.
The owner, subject to RCW 19.150.090 and 19.150.100, may sell the property, other than personal papers and personal photographs, upon complying with the requirements set forth in RCW 19.150.080.
[ 2007 c 113 § 4; 1988 c 240 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.080 - Manner of sale—Who may not acquire property—Interest on excess proceeds.

RCW 19.150.080
Manner of sale—Who may not acquire property—Interest on excess proceeds.
(1) After the expiration of the time given in the final notice of lien sale pursuant to RCW 19.150.060, the property, other than personal papers and personal photographs, may be sold or disposed of in a reasonable manner as provided in this section.
(2)(a) If the property has a value of three hundred dollars or more, the sale shall be conducted in a commercially reasonable manner, and, after applying the proceeds to costs of the sale and then to the amount of the lien, the owner shall retain any excess proceeds of the sale on the occupant's behalf. The occupant, or any other person having a court order or other judicial process against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any time within six months of the date of sale.
(b) If the property has a value of less than three hundred dollars, the property may be disposed of in a reasonable manner.
(3) Personal papers and personal photographs that are not reclaimed by the occupant within six months of a sale under subsection (2)(a) of this section or other disposition under subsection (2)(b) of this section may be disposed of in a reasonable manner.
(4) No employee or owner, or family member of an employee or owner, may acquire, directly or indirectly, the property sold pursuant to subsection (2)(a) of this section or disposed of pursuant to subsection (2)(b) of this section, or personal papers and personal photographs disposed of under subsection (3) of this section.
(5) The owner is entitled to retain any interest earned on the excess proceeds until the excess proceeds are claimed by another person or are turned over to the state as abandoned property pursuant to chapter 63.30 RCW.
[ 2023 c 258 § 3; 2007 c 113 § 5; 1996 c 220 § 2; 1993 c 498 § 6; 1988 c 240 § 9.]
NOTES:
Retroactive application—2023 c 258 §§ 2-8, 10, and 11: See note following RCW 19.150.060.
Application—1996 c 220: See note following RCW 19.150.060.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.090 - Claim by persons with a security interest.

RCW 19.150.090
Claim by persons with a security interest.
Any person who has a perfected security interest under *Article 62A.9 RCW of the uniform commercial code may claim any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total amount due, as specified in the lien notices, for the storage of the property. Upon payment of the total amount due, the owner shall deliver possession of the particular property subject to the security interest to the person who paid the total amount due. The owner shall not be liable to any person for any action taken pursuant to this section if the owner has fully complied with RCW 19.150.050 and 19.150.060.
[ 1988 c 240 § 10.]
NOTES:
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.100 - Payment prior to sale by persons claiming a right to the property.

RCW 19.150.100
Payment prior to sale by persons claiming a right to the property.
Prior to any sale pursuant to RCW 19.150.080, any person claiming a right to the personal property may pay the amount necessary to satisfy the lien and one month's rent in advance. In that event, the personal property may not be sold, but must be retained by the owner pending a court order directing the disposition of the personal property. If such an order is not obtained within thirty days of the original payment, the claimant must pay the monthly rental charge for the space where the personal property is stored. If rent is not paid, the owner may sell or dispose of the personal property in accordance with RCW 19.150.080. The owner has no liability to a claimant who fails to secure a court order in a timely manner or pay the required rental charge for any sale or other disposition of the personal property.
[ 2007 c 113 § 6; 1988 c 240 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.110 - Good faith purchasers.

RCW 19.150.110
Good faith purchasers.
A purchaser in good faith of goods disposed of pursuant to RCW 19.150.080(2) takes the goods free of any rights of persons against whom the lien was claimed, despite noncompliance by the owner of the storage facility with this chapter.
[ 1996 c 220 § 3; 1988 c 240 § 12.]
NOTES:
Application—1996 c 220: See note following RCW 19.150.060.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.120 - Contract for storage space—Alternative address for notice.

RCW 19.150.120
Contract for storage space—Alternative address for notice.
(1) Each contract for the rental or lease of individual storage space in a self-service storage facility shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included, a statement requiring the occupant to disclose any lienholders or secured parties who have an interest in the property that is or will be stored in the self-service storage facility, a statement that the occupant's property will be subject to a claim of lien and may even be sold to satisfy the lien if the rent or other charges due remain unpaid for fourteen consecutive days, and that such actions are authorized by this chapter.
(2) The lien authorized by this chapter shall not attach, unless the rental agreement requests, and provides space for, the occupant to give the name and address of another person to whom the preliminary lien notice and subsequent notices required to be given under this chapter may be sent. Notices sent pursuant to RCW 19.150.040 or 19.150.060 shall be sent to the occupant's address and the alternative address, if both addresses are provided by the occupant. Failure of an occupant to provide an alternative address shall not affect an owner's remedies under this chapter or under any other provision of law.
[ 1988 c 240 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.130 - Owner not obligated to provide insurance.

RCW 19.150.130
Owner not obligated to provide insurance.
Any insurance protecting the personal property stored within the storage space against fire, theft, or damage is the responsibility of the occupant. The owner is under no obligation to provide insurance.
[ 1988 c 240 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.140 - Other rights not impaired.

RCW 19.150.140
Other rights not impaired.
Nothing in this chapter may be construed to impair or affect the right of the parties to create additional rights, duties, and obligations which do not conflict with the provisions of this chapter. The rights provided by this chapter shall be in addition to all other rights provided by law to a creditor against his or her debtor.
[ 1988 c 240 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.150 - Late fees.

RCW 19.150.150
Late fees.
Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a reasonable late fee for each month an occupant does not pay rent when due. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty.
[ 2008 c 61 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.150 - Self-Service Storage Facilities. › 19.150.160 - Occupant in default—Vehicle, watercraft, trailer, recreational vehicle, or camper removal.

RCW 19.150.160
Occupant in default—Vehicle, watercraft, trailer, recreational vehicle, or camper removal.
(1) If an occupant is in default for sixty or more days and the personal property stored in the leased space is a vehicle, watercraft, trailer, recreational vehicle, or camper, the owner may have the personal property towed or removed from the self–service storage facility in lieu of a sale. Prior to having the vehicle, watercraft, trailer, recreational vehicle, or camper towed, the owner must provide notice to the occupant stating the name, address, and contact information of the towing company.
(2) The owner is not liable for any damage to the personal property towed or removed from the self–service storage facility once the property is in the possession of a third party.
[ 2016 sp.s. c 6 § 2; 2015 c 13 § 4.]