RCW 31.04.297
Third-party residential mortgage loan modification services providers—Duties—Restrictions.
(1) In addition to complying with federal law and all requirements for loan originators under this chapter, third-party residential mortgage loan modification services providers must:
(a) Provide a written disclosure summary as described in RCW 31.04.293;
(b) Not receive advance fees;
(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.
[ 2013 c 29 § 12; 2010 c 35 § 11.]
Structure Revised Code of Washington
Title 31 - Miscellaneous Loan Agencies
Chapter 31.04 - Consumer Loan Act.
31.04.025 - Application of chapter.
31.04.027 - Violations of chapter.
31.04.035 - License required—When violation occurs.
31.04.045 - License—Application—Background checks—Fee—Surety bond.
31.04.055 - License—Director's duties.
31.04.065 - License—Information contained.
31.04.075 - Licensee—Place of business.
31.04.085 - Licensee—Assessment—Bond—Time of payment.
31.04.105 - Licensee—Powers—Restrictions.
31.04.115 - Open-end loan—Requirements—Restrictions—Options.
31.04.125 - Loan restrictions—Interest calculations.
31.04.135 - Advertisements or promotions.
31.04.143 - Subpoena authority—Application—Contents—Notice—Fees.
31.04.155 - Licensee—Recordkeeping—Director's access—Report requirement—Failure to report.
31.04.165 - Director—Broad administrative discretion—Rule making—Actions in superior court.
31.04.168 - Director—Powers under chapter 19.144 RCW.
31.04.175 - Violations—No penalty prescribed—Gross misdemeanor—Good faith exception.
31.04.202 - Application of administrative procedure act.
31.04.205 - Enforcement of chapter—Director's discretion—Hearing—Sanctions—Recovery of costs.
31.04.208 - Application of consumer protection act.
31.04.211 - Application of chapter—2009 c 120.
31.04.221 - Mortgage loan originator—License required—Unique identifier required.
31.04.224 - Licensing exemptions—Residential mortgage loans.
31.04.227 - Mortgage loan origination—Independent contractors.
31.04.231 - Individual loan processor—Licensing exemptions.
31.04.234 - Mortgage loan originator license—Application form and content.
31.04.237 - Use of nationwide mortgage licensing system and registry.
31.04.244 - Mortgage loan originator application—Required information—Fees.
31.04.247 - Issuance of mortgage loan originator license—Necessary findings.
31.04.251 - Mortgage loan originator license—Renewal—Surrender—Rules.
31.04.254 - Mortgage loan originator licensing process—Rules—Interim procedures.
31.04.257 - Mortgage loan originator interim license.
31.04.261 - Mortgage loan originator—Prelicensing education requirements.
31.04.264 - Mortgage loan originator—Testing requirements.
31.04.267 - Mortgage loan originator—Continuing education requirements.
31.04.271 - Mortgage loan originators—System information may be challenged.
31.04.277 - Consumer loan companies—When reports of condition are required.
31.04.281 - Reports of violation—2009 c 120.
31.04.284 - Mortgage loan originator—Unique identifier—Display.
31.04.290 - Residential mortgage loan servicer—Requirements—Written detailed information.
31.04.310 - Residential mortgage or student education loan servicer—Appointment of receiver.
31.04.410 - Student education loan servicer licensee.
31.04.415 - Third-party student education loan modification services—Restrictions—Requirements.
31.04.420 - Subject to student education loan servicer requirements—Exempt from licensing.
31.04.430 - Dog or cat purchase contracts.
31.04.510 - Requirements of licensee—Minimum capital—Exceptions.
31.04.515 - Loan requirements—Compliance—Rules.
31.04.520 - Right to rescind transaction.
31.04.535 - Lender default—Treble damages—Civil remedies.
31.04.902 - Effective dates, implementation—1991 c 208.
31.04.903 - Effective date—2009 c 120.
31.04.904 - Effective date—2010 c 35.