Wash. Admin. Code § 208-680-590 - What conduct violates the act?
It is a violation of the act for you , any controlling person, principal officer, designated escrow officer, independent contractor, employee or other person subject to this chapter to:
(1) Directly or indirectly employ any scheme,
device, or artifice to defraud or mislead borrowers or lenders or to defraud
any person;
(2) Directly or
indirectly engage in any unfair or deceptive practice toward any
person;
(3) Directly or indirectly
obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate
any false, deceptive, or misleading information in the conduct of the business
of escrow, or relative to the business of escrow or relative to any person
engaged therein;
(5) Knowingly
receive or take possession for personal use of any property of any escrow
business, other than in payment authorized by this chapter, and with intent to
defraud, omit to make, or cause or direct to be made, a full and true entry
thereof in the books and accounts of the business;
(6) Make or concur in making any false entry,
or omit or concur in omitting to make any material entry, in its books or
accounts;
(7) Knowingly make or
publish, or concur in making or publishing, any written report, exhibit, or
statement of its affairs or pecuniary condition containing any material
statement which is false, or omit or concur in omitting any statement required
by law to be contained therein;
(8)
Willfully fail to make any proper entry in the books of the escrow business
required by law;
(9) Fail to
disclose in a timely manner to the other officers, directors, controlling
persons, designated escrow officer, or other licensed escrow officers the
receipt of service of a notice of an application for an injunction or other
legal process affecting the property or business of an escrow agent, including
in the case of a licensed escrow agent an order to cease and desist or other
order of the director;
(10) Fail to
make any report or statement lawfully required by the director or other public
official;
(11) Fail to comply with
any requirement of any applicable federal or state act as described in
RCW
18.44.301;
(12) Collect a fee for tracking unclaimed
funds that is not a bona fide out-of-pocket expense;
(13) Convert unclaimed funds for personal
use; or
(14) Receive compensation
or any value from any party for assisting in "real estate flopping." "Real
estate flopping" is a short sale transaction where the value of a property is
misrepresented to the lender, who then authorizes sale of the property for less
than market value. The property is resold to another person at market value or
closer to market value, creating a profit. The failure to disclose the nature
of the transactions or the true value of the property to the lender constitutes
fraud on the lender, the original property owner, or the second buyer, and is a
violation of this chapter.
Notes
Statutory Authority: RCW 43.320.040 and chapter 18.44 RCW (as amended by 2010 c 34). 10-20-124, § 208-680-590, filed 10/5/10, effective 11/5/10.
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