Cal. Code Regs. Tit. 10, § 2849.01 - Annual Report Format

Current through Register 2021 Notice, Register No. 40, October 1, 2021

For reports submitted to the Bureau, the following format shall be used by a real estate broker who meets the criteria of section 10232 and/or 10238 of the Code for the annual report required by section 10232.2(c) and 10238(p).

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1.Article 7 Loans - Loans of less than $30,000 secured by first deeds of trust on dwellings and loans of less than $20,000 secured by junior deeds of trust on dwellings.
2.Multiple Lender Loan (Fractionalized) - A loan funded through the sale of or offer to sell a series of notes secured directly by an interest in the same real property, or the sale of undivided interests in a note secured directly by real property equivalent to a series transaction. MP21
3. Loan to Refinance - A loan funded within 90 days of the maturity date of an existing obligation of the borrower in which 75 percent or more of the proceeds made available to the borrower are applied to pay off the existing obligation.
4.Affiliate - Any entity in which an individual reporting broker or an officer, director or shareholder of a corporate reporting broker has more than a nominal financial interest or from whom the reporting broker receives any form of compensation for the referral of business in connection with the reporting broker's mortgage loan activities. Should the affiliate meet the criteria of Section 10232, a separate report must be compiled and submitted for each entity.
5.Costs and Expenses - For services enumerated in Section 10241(a) (appraisal fees, escrow fees, title charges, notary fees, recording fees, credit investigation fees) and any other charge made to the borrower. Total amount and amount retained by the broker, an affiliate or subsidiary.
6.A purchase or loan transaction in which the broker directly or indirectly obtained the use or benefit of the funds other than for commissions, fees, costs and expenses. MP21
7.Real Property Sales (RPS) Contracts - As defined in Section 10029 of the Business and Professions Code: "Real property sales contract" as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract.
8.Includes payments collected on behalf of obligors.
9.Outstanding principal of each note on the last day of the fiscal year or the reporting period including fractionalized (multi-lender) loans.
10.Fractionalized (multi-lender) loans only.
11.Refer to Financial Code Section 4970(a) through (e) for the definition of a covered loan.

Notes

Cal. Code Regs. Tit. 10, § 2849.01

Note: Authority cited: Sections 10080, 10232 and 10232.2, Business and Professions Code. Reference: Sections 10232, 10232.2,10236, 10240, 10241 and 10245, Business and Professions Code; and Sections 4970 and 4979, Financial Code.

1. New section filed 7-12-91; operative 8-11-91 (Register 91, No. 44).
2. Amendment filed 11-8-93; operative 12-8-93 (Register 93, No. 46).
3. Amendment of section and Note filed 11-9-2000; operative 12-9-2000 (Register 2000, No. 45).
4. Amendment of section and Note filed 2-28-2006; operative 3-30-2006 (Register 2006, No. 9).
5. Amendment of section and Note filed 8-29-2007; operative 9-28-2007 (Register 2007, No. 35).
6. Change without regulatory effect amending first paragraph filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).

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