reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.060 - Trust account—Written receipt—Record of deposits—Buyers' claims.

RCW 19.142.060
Trust account—Written receipt—Record of deposits—Buyers' claims.
(1) All moneys paid to a health studio prior to the opening of the facility shall immediately be deposited in a trust account of a federally insured financial institution located in this state. The trust account shall be designated and maintained for the benefit of health studio members. Moneys maintained in the trust account shall be exempt from execution, attachment, or garnishment. A health studio 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 made no sooner than thirty days after the opening of the entire facility.
(2) The health studio shall within seven days of the first deposit notify the office of the attorney general in writing, of the name, address, and location of the depository and any subsequent change thereof.
(3) The health studio shall provide the buyer with a written receipt for the money and shall provide written notice of the name, address, and location of the depository and any subsequent change thereof.
(4) The health studio shall maintain a record of each trust account deposit, including the name and address of each member whose funds are being deposited, the amount paid and the date of the deposit. Upon request of the attorney general's office, upon five days' notice, such records shall be produced for inspection.
(5) If prior to the opening of the facility the status of the health studio is transferred to another, any sums in the trust account affected by the transfer shall simultaneously be transferred to an equivalent trust account of the successor, and the successor shall promptly notify the buyer and the office of the attorney general of the transfer and of the name, address, and location of the new depository.
(6) The buyer's claim to any money under this section is prior to that of any creditor of the health studio, including a trustee in bankruptcy or receiver.
(7) After the health studio receives a notice of cancellation of the contract, or if the health studio fails to open a facility at the stated date of completion and if the buyer so requests, then the health studio shall provide a refund within thirty days.
[ 1987 c 317 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.070 - Surety bond in lieu of trust account.

RCW 19.142.070
Surety bond in lieu of trust account.
The requirements of RCW 19.142.060 do not apply to any health studios which, prior to any preopening sales, have provided a bond guaranteeing the completion or opening of any facility for which contracts for health studio services were sold prior to the opening of the facility. The bond shall be drawn upon a surety in the amount of one hundred fifty thousand dollars, running to the state of Washington. An action on the bond may be brought by the office of the attorney general or by any buyer of a contract for health studio services sold prior to the opening of the facility.
[ 1987 c 317 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.080 - Failure to comply with bond or trust account requirements—Class C felony.

RCW 19.142.080
Failure to comply with bond or trust account requirements—Class C felony.
Failure to furnish a bond as required by RCW 19.142.070 or to maintain a trust account as required by RCW 19.142.060 shall constitute a class C felony punishable as provided in chapter 9A.20 RCW.
[ 1987 c 317 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.090 - Waivers of this chapter—Contracts not in compliance with this chapter—Void and unenforceable.

RCW 19.142.090
Waivers of this chapter—Contracts not in compliance with this chapter—Void and unenforceable.
A health studio shall not request a buyer to waive any provision of this chapter. Any contract for health studio services which does not comply with the provisions of this chapter or in which a buyer waives any provision of this chapter is void and unenforceable as contrary to public policy.
[ 1987 c 317 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.100 - Violations—Application of consumer protection act.

RCW 19.142.100
Violations—Application of consumer protection act.
A violation of this chapter constitutes an unfair or deceptive act or practice and is a per se violation of the consumer protection act, chapter 19.86 RCW.
[ 1987 c 317 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.900 - Chapter cumulative and nonexclusive.

RCW 19.142.900
Chapter cumulative and nonexclusive.
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 1987 c 317 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.901 - Prospective application of chapter.

RCW 19.142.901
Prospective application of chapter.
The provisions of this chapter shall not apply to any contracts for health studio services entered into before July 26, 1987.
[ 1987 c 317 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.005 - Findings—2008 c 108.

RCW 19.144.005
Findings—2008 c 108.
The legislature finds that responsible mortgage lending and homeownership are important to the citizens of the state of Washington. The legislature declares that protecting our residents and our economy from the threat of widespread foreclosures and providing homeowners with access to residential mortgage loans on fair and equitable terms is in the public interest. The legislature further finds that chapter 108, Laws of 2008 is necessary to encourage responsible lending, protect borrowers, and preserve access to credit in the residential real estate lending market.
[ 2008 c 108 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.020 - Disclosure requirements—Department duties.

RCW 19.144.020
Disclosure requirements—Department duties.
(1) In addition to any other requirements under federal or state law, a residential mortgage loan may not be made unless a disclosure summary of all material terms, as adopted by the department in subsection (2) of this section, is placed on a separate sheet of paper and has been provided by a financial institution to the borrower within three business days following receipt of a loan application. If any material terms of the residential mortgage loan change before closing, a new disclosure summary must be provided to the borrower within three days of any such change or at least three days before closing, whichever is earlier.
(2) The department shall adopt, by rule, a disclosure summary form with a content and format containing simple, plain-language terms that are reasonably understandable to the average person without the aid of third-party resources and shall include, but not be limited to, the following items: Fees and discount points on the loan; interest rates of the loan; broker fees; the broker's yield spread premium as a dollar amount; whether the loan contains prepayment penalties; whether the loan contains a balloon payment; whether the property taxes and property insurance are escrowed; whether the loan payments will adjust at the fully indexed rates; and whether there is a price added or premium charged because the loan is based on reduced documentation.
(3) The director may, at his or her discretion, require by rule other information relating to a residential mortgage loan to be included in the disclosure summary if the director determines that it is necessary to protect consumers. The director may adopt rules creating a standard form of disclosure summary to be used as a guide by financial institutions in fulfilling the requirements of this section.
(4) Disclosure in compliance with the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and Regulation X, 24 C.F.R. Sec. 3500, as it exists on June 7, 2012, shall be deemed to comply with the disclosure requirements of this section. If needed, the director may adopt rules to implement and incorporate other changes in the disclosure summary as necessary due to federal law.
[ 2012 c 17 § 18; 2008 c 108 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.030 - Interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending.

RCW 19.144.030
Interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending.
(1) The department shall apply the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending to financial institutions.
(2)(a) Financial institutions subject to this chapter shall adopt and adhere to internal policies and procedures that are reasonably intended to achieve the objectives set forth in the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending.
(b) The department shall adopt rules as required to implement this section.
[ 2008 c 108 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.040 - Prepayment penalty or fee—Limitation.

RCW 19.144.040
Prepayment penalty or fee—Limitation.
A financial institution may not make or facilitate the origination of a residential mortgage loan that includes a prepayment penalty or fee that extends beyond sixty days prior to the initial reset period of an adjustable rate mortgage.
[ 2008 c 108 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.050 - Negative amortization—Limitation.

RCW 19.144.050
Negative amortization—Limitation.
A financial institution may not make or facilitate a residential mortgage loan that includes any provisions that impose negative amortization and which are subject to the interagency guidance on nontraditional mortgage product risks and the statement on subprime mortgage lending.
[ 2008 c 108 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.060 - Risk grade determination.

RCW 19.144.060
Risk grade determination.
A person licensed or subject to licensing, or otherwise subject to regulation pursuant to chapter 19.146 RCW, or a consumer loan company licensed or subject to licensing under chapter 31.04 RCW may not steer, counsel, or direct any borrower to accept a residential mortgage loan product with a risk grade less favorable than the risk grade that the borrower would qualify for based on the licensee or other regulated person's then current underwriting guidelines, prudently applied, considering the information available to the licensee or other regulated person, including the information provided by the borrower. A licensee or other regulated person has not violated this requirement if the risk grade determination applied to a borrower is reasonably based on the licensee or other regulated person's underwriting guidelines for the borrower's appropriate risk grade category and the borrower is offered choices of residential mortgage loan products within the borrower's appropriate risk grade category.
[ 2008 c 108 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.070 - Rule-making authority.

RCW 19.144.070
Rule-making authority.
The department may adopt rules necessary to implement this chapter, including but not limited to the authority to identify which sections of chapter 108, Laws of 2008 apply to open-end credit plans.
[ 2008 c 108 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.080 - Unlawful actions—Fraud, misrepresentation, deceptive practices.

RCW 19.144.080
Unlawful actions—Fraud, misrepresentation, deceptive practices.
(1) It is unlawful for any person in connection with the mortgage lending process to directly or indirectly:
(a)(i) Employ any scheme, device, or artifice to defraud or materially mislead any borrower during the lending process; (ii) defraud or materially mislead any lender, defraud or materially mislead any person, or engage in any unfair or deceptive practice toward any person related to the mortgage lending process; or (iii) obtain property by fraud or material misrepresentation during the mortgage lending process;
(b) Knowingly make any misstatement, misrepresentation, or omission related to the mortgage lending process knowing that it may be relied on by a mortgage lender, borrower, or any other party related to the mortgage lending process;
(c) Use or facilitate the use of any misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, related to the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party related to the mortgage lending process;
(d) Receive any proceeds or anything of value in connection with a residential mortgage closing that such person knew resulted from a violation of subsection (1), (2), or (3) of this section [(a), (b), or (c) of this subsection];
(e) File or cause to be filed with the county recorder or the official registrar of deeds of any county of this state any document such person knows to contain a material misstatement, misrepresentation, or omission;
(f) Violate RCW 31.04.297(3); or
(g) Knowingly alter, destroy, shred, mutilate, or conceal a record, document, or other object, or attempt to do so, with the intent to impair the investigation and prosecution of this crime.
(2) Each crime prosecuted under this section shall be punished separately under chapter 9.94A RCW, unless it is the same criminal conduct as any other crime under RCW 9.94A.589.
(3) Every person who, in the commission of mortgage fraud as described in this section, commits any other crime may be punished for that other crime in addition to mortgage fraud, and may be prosecuted for each crime separately.
[ 2015 c 229 § 3; 2010 c 35 § 12; 2008 c 108 § 9.]
NOTES:
Effective date—2010 c 35: See RCW 31.04.904.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.144 - Mortgage Lending and Homeownership. › 19.144.090 - Criminal penalties—Dates of limitation—Venue—Civil penalties and damages—Correction of public record.

RCW 19.144.090
Criminal penalties—Dates of limitation—Venue—Civil penalties and damages—Correction of public record.
(1) Any person who knowingly violates RCW 19.144.080 or who knowingly aids or abets in the violation of RCW 19.144.080 is guilty of a class B felony punishable under RCW 9A.20.021(1)(b). Mortgage fraud is a serious level III offense per chapter 9.94A RCW.
(2) No information may be returned more than (a) five years after the violation, or (b) three years after the actual discovery of the violation, whichever date of limitation is later.
(3) For purposes of venue under this chapter, any violation of RCW 19.144.080 and 31.04.297(3) , is considered to have been committed: (a) In the county in which the residential property for which a residential mortgage loan is being sought is located; (b) in any county in which any act was performed in furtherance of the violation; or (c) in any county in which a document containing a misstatement, misrepresentation, or omission of a material fact is filed with the county recorder or the official registrar of deeds.
(4) Any person who violates this chapter is subject to civil forfeiture statutes.
(5) Any person who violates RCW 19.144.080 or 31.04.297(3) is liable for civil damages of five thousand dollars or actual damages, whichever is greater, including costs to repair the victim's credit record and quiet title on the residential property that is involved in the prosecution, and reasonable attorneys' fees as determined by the court.
(6) In a proceeding under RCW 19.144.080 in which there has been a conviction, the sentencing court may issue such orders as necessary to correct a public record that contains false information resulting from a violation of the referenced sections.
[ 2015 c 229 § 4; 2008 c 108 § 10.]
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.218 - Informal settlement of complaints or enforcement actions—Director's discretion.

RCW 19.146.218
Informal settlement of complaints or enforcement actions—Director's discretion.
Except to the extent prohibited by another statute, the director may engage in informal settlement of complaints or enforcement actions including, but not limited to, payment to the department for purposes of financial literacy and education programs authorized under RCW 43.320.150. If any person subject to this chapter makes a payment to the department under this section, the person may not advertise such payment.
[ 2012 c 17 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.221 - Action by director—Hearing—Sanction.

RCW 19.146.221
Action by director—Hearing—Sanction.
(1) The director may, at his or her discretion, take any action as provided for in this chapter to enforce this chapter. If the person subject to such action does not appear in person or by counsel at the time and place designated for any administrative hearing that may be held on the action then the person shall be deemed to consent to the action. If the person subject to the action consents, or if after hearing the director finds by a preponderance of the evidence that any grounds for sanctions under this chapter exist, then the director may impose any sanction authorized by this chapter.
(2) The director may recover the state's costs and expenses for prosecuting violations of this chapter including staff time spent preparing for and attending administrative hearings and reasonable attorneys' fees unless, after a hearing, the director determines no violation occurred.
[ 2015 c 229 § 13; 1994 c 33 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.223 - Director—Administration and interpretation.

RCW 19.146.223
Director—Administration and interpretation.
The director shall have the power and broad administrative discretion to administer and interpret the provisions of this chapter to fulfill the intent of the legislature as expressed in RCW 19.146.005.
[ 1994 c 33 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.225 - Director—Rule-making powers.

RCW 19.146.225
Director—Rule-making powers.
In accordance with the administrative procedure act, chapter 34.05 RCW, the director may issue rules under this chapter only for the purpose of governing the activities of licensed mortgage brokers, loan originators, and other persons subject to this chapter.
[ 2010 1st sp.s. c 7 § 70; 2006 c 19 § 14; 1994 c 33 § 15; 1993 c 468 § 9.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
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. › 19.146.226 - Director—Licensing rules and interim procedures.

RCW 19.146.226
Director—Licensing rules and interim procedures.
For the purposes of implementing an orderly and efficient licensing process, the director may establish licensing rules and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the director may establish expedited review and licensing procedures.
[ 2009 c 528 § 13.]
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. › 19.146.227 - Cease and desist order—Action to enjoin and enforce.

RCW 19.146.227
Cease and desist order—Action to enjoin and enforce.
Whenever the director determines that the public is likely to be substantially injured by delay in issuing a cease and desist order, the director may immediately issue a temporary cease and desist order. The order may direct the licensee to discontinue any violation of this chapter and take such affirmative action as is necessary to comply with this chapter, may include a summary suspension of the licensee's license, and may order the licensee to immediately cease the conduct of business under this chapter. The order becomes effective at the time specified in the order. Every temporary cease and desist order must include a provision that a hearing will be held, within fourteen days unless otherwise specified in chapter 34.05 RCW, upon request to determine whether the order will become permanent.
If it appears that a person has engaged in an act or practice constituting a violation of a provision of this chapter, or a rule or order under this chapter, the director, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders must be granted. The director is not required to post a bond in any court proceedings.
[ 2015 c 229 § 14; 1994 c 33 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.228 - Fees—Exception.

RCW 19.146.228
Fees—Exception.
The director must establish fees sufficient to cover, but not exceed, the costs of administering this chapter. These fees may include:
(1) An annual assessment paid by each licensee on or before a date specified by rule;
(2) An investigation fee to cover the costs of any investigation of the books and records of a licensee or other person subject to this chapter; and
(3) An application fee to cover the costs of processing applications made to the director under this chapter.
Mortgage brokers, loan originators, and any person subject to licensing under this chapter must not be charged investigation fees for the processing of complaints when the investigation determines that no violation of this chapter occurred or when the mortgage broker or loan originator provides a remedy satisfactory to the complainant and the director and no order of the director is issued. All moneys, fees, and penalties collected under the authority of this chapter must be deposited into the financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated account, in which case all moneys, fees, and penalties collected under this chapter must be deposited in the consumer services account.
[ 2015 c 229 § 15; 2009 c 528 § 5; 2006 c 19 § 15; 2001 c 177 § 5; 1997 c 106 § 13; 1994 c 33 § 9.]
NOTES:
Effective date—License requirement—Implementation—2009 c 528: See notes following RCW 19.146.010.
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.146 - Mortgage Broker Practices Act. › 19.146.230 - Administrative procedure act application.

RCW 19.146.230
Administrative procedure act application.
The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses, and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal therefrom or review thereof shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW.
[ 1994 c 33 § 16; 1993 c 468 § 10.]
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.