Revised Code of Washington
Chapter 19.146 - Mortgage Broker Practices Act.
19.146.210 - License—Requirements for issuance—Denial—Validity—Surrender—Interim license—Rules.

RCW 19.146.210
License—Requirements for issuance—Denial—Validity—Surrender—Interim license—Rules.

(1) The director shall issue and deliver a mortgage broker license to an applicant if, after investigation, the director makes the following findings:
(a) The applicant has paid the required license fees;
(b) The applicant has complied with RCW 19.146.205;
(c) Neither the applicant, any of its principals, or the designated broker have had a license issued under this chapter or any similar state statute suspended or revoked within five years of the filing of the present application;
(d) Neither the applicant, any of its principals, or the designated broker have been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a felony within seven years of the filing of the present application;
(e) The designated broker: (i) Has at least two years of experience in the residential mortgage loan industry; and (ii) has passed a written examination whose content shall be established by rule of the director;
(f) The applicant, its principals, and the designated broker have demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter;
(g) Neither the applicant, any of its principals, or the designated broker have been found to be in violation of this chapter or rules; and
(h) Neither the applicant, any of its principals, nor the designated broker have provided unlicensed residential mortgage loan modification services in this state in the five years prior to the filing of the present application.
(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not issue the license. The director shall notify the applicant of the denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that exceeds the department's actual cost to investigate the license.
(3) A license issued pursuant to this section expires on the date one year from the date of issuance which, for license renewal purposes, is also the renewal date. The director shall adopt rules establishing the process for renewal of licenses.
(4) A licensee may surrender a license by delivering to the director written notice of surrender, but the surrender does not affect the licensee's civil or criminal liability or any administrative actions arising from acts or omissions occurring before such surrender.
(5) To prevent undue delay in the issuance of a license and to facilitate the business of a mortgage broker, an interim license with a fixed date of expiration may be issued when the director determines that the mortgage broker has substantially fulfilled the requirements for licensing as defined by rule.

[ 2010 c 35 § 14; 2006 c 19 § 11; 1997 c 106 § 10; 1994 c 33 § 10; 1993 c 468 § 7.]
NOTES:

Effective date—2010 c 35: See RCW 31.04.904.


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.

Structure Revised Code of Washington

Revised Code of Washington

Title 19 - Business Regulations—Miscellaneous

Chapter 19.146 - Mortgage Broker Practices Act.

19.146.005 - Findings and declaration.

19.146.010 - Definitions.

19.146.020 - Exemptions from chapter.

19.146.0201 - Loan originator, mortgage broker—Prohibitions—Requirements.

19.146.030 - Written disclosure of fees and costs—Rules—Contents—Lock-in agreement terms—Excess fees limited.

19.146.040 - Written contract required—Contract entered by loan originator binding on mortgage broker—Written loan broker agreement required.

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.

19.146.060 - Accounting requirements.

19.146.070 - Fee, commission, or compensation—When permitted.

19.146.080 - Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—Conditions—Exceptions.

19.146.085 - Duties—Generally.

19.146.095 - Fiduciary duties.

19.146.100 - Violations of chapter—Application of consumer protection act.

19.146.103 - Financial interest in a mortgage broker—Prohibited practices.

19.146.110 - Criminal penalty.

19.146.200 - Mortgage broker or loan originator—License required—Suit or action for collection of compensation—Designated broker required.

19.146.205 - License—Application—Applicant to furnish information establishing identity—Background check—Fee—Bond or alternative.

19.146.210 - License—Requirements for issuance—Denial—Validity—Surrender—Interim license—Rules.

19.146.215 - Continuing education—Rules.

19.146.218 - Informal settlement of complaints or enforcement actions—Director's discretion.

19.146.220 - Director—Powers and duties—Violations as separate violations—Rules.

19.146.221 - Action by director—Hearing—Sanction.

19.146.223 - Director—Administration and interpretation.

19.146.225 - Director—Rule-making powers.

19.146.226 - Director—Licensing rules and interim procedures.

19.146.227 - Cease and desist order—Action to enjoin and enforce.

19.146.228 - Fees—Exception.

19.146.230 - Administrative procedure act application.

19.146.233 - Subpoena authority—Application—Contents—Notice—Fees.

19.146.235 - Director's authority to conduct investigations and examinations—Rules—Penalty.

19.146.237 - Director—Powers under chapter 19.144 RCW.

19.146.240 - Violations—Claims against bond or alternative.

19.146.245 - Violations—Liability.

19.146.250 - Authority restricted to person named in license—Exceptions.

19.146.260 - Registered agent for brokers without physical office in state—Venue.

19.146.265 - Branch offices—Fee—Licenses—Rules.

19.146.300 - Loan originator license—Application—Applicant to furnish information establishing identification—Background check—Fees—Rules.

19.146.310 - Loan originator license—Requirements for issuance—Denial—Validity—Expiration—Surrender—Interim license.

19.146.320 - Loan originator license—Not assignable.

19.146.325 - Loan originator license—Test.

19.146.340 - Loan originator applicants.

19.146.350 - Loan originators—Continuing education—Requirements.

19.146.353 - Residential mortgage loan modification services—Written fee agreement—Limitation on fees—Rules.

19.146.355 - Third-party residential mortgage loan modification services providers—Duties—Restrictions.

19.146.357 - Mortgage loan originator—License required—Nationwide mortgage licensing system and registry.

19.146.360 - Director's duty—Process to challenge information—Nationwide mortgage licensing system and registry.

19.146.370 - Disclosure of information—Privilege—Confidentiality—Exceptions.

19.146.380 - Director's authority to contract—Records and fees.

19.146.390 - Mortgage brokers—Call reports—Licensing system and registry.

19.146.400 - Director's authority—Violation and enforcement reporting.

19.146.900 - Short title.

19.146.903 - Effective dates—1994 c 33.

19.146.904 - Implementation of act—2006 c 19.

19.146.905 - Effective date—2006 c 19.