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CARAVAN
               2011
Deanna Sabey
Director of Real Estate

                          1
Agency Information
Revamped Division web-site
    Color Coded Boxes
    Upcoming Events & Notices
    Disciplinary Action Look Up
    Consumer Resources for
      Filing a complaint
      Getting information on foreclosure prevention and loan
      modifications
      Mortgage and real estate education fund information
      Statutes and rules
      Licensee look-up
                                                               2
Newsletter
  New Flip
  format
  Topical guide
  in 4th Q
  Newsletter
  for 2010
  Legal Corner

                  3
Governor’s call for agencies
 to review regulations

GOAL:     REDUCE REGULATION
    Removed 10 day reporting of Class C misdemeanors

    Did not participate in the NMLS Mortgage Call Report

    Removed rule requiring appraisers to certify with the
    Division to provide testimony in court.

    Removed appraiser education committee requirement

 FUTURE reductions in regulation are coming!            4
H.B. 91 (effective 5/10)
No 10 day reporting of class C
misdemeanors
MORTGAGE and REAL ESTATE:
 Commission review of a Division order is
 de novo.
 Prohibit up-front fees in loan mods and
 foreclosure rescue services.
 REAL ESTATE, define “business opportunity”.
                                           5
H.B. 91 (effective 5/10)

APPRAISAL:
   Reorganize the existing provisions
   Correct inconsistencies
   Add Division concurrence for decisions
   relating to disciplinary proceedings
   Allow appraisers who are also real estate
   licensees to produce broker price opinions
                                                6
H.B. 91 (effective 5/10)
APPRAISAL MANAGEMENT:
   Increase penalty to $5,000 per violation

   Limit the automatic revocation provision regarding
   AMC control person

   Revise AMC definition

   Give the Division concurrent rulemaking authority
   with the Appraisal Board.
                                                        7
H.B. 91 (effective 5/10)

Decisions relating to disciplinary proceedings
made through concurrence of the Division
and the Appraiser Board.
AMC cannot require an appraiser to
indemnify the AMC against liability except
liability for appraiser errors and omissions.
Disciplinary action for a violation of 15 U.S.C.
Sec. 1639e(i), customary and reasonable
fees provision.
                                               8
APPRAISAL RULES
Working on
reorganization
of rules to mirror
the organization
and numbering
of the appraiser
statute.
                     9
APPRAISAL RULES
R162-103:
  student must attend 100% of
  scheduled class time.
  Individual can be awarded up to ½ of
  CE for teaching, program
  development, authorship of textbooks,
  or similar activities.

                                          10
APPRAISAL MANAGEMENT
 COMPANIES
  Reorganized reflecting the AMC statute
R162-2e: AMC must have systems in place to:
  Verify each appraiser on the panel is licensed or
  certified;
  Verify an assignment is completed by the
  appraiser;
  Ensure an assignment offer has enough
  information;
  Track the client and the appraiser on each
  assignment.                                   11
MORTGAGE

           Reorganized and
           renumbered rules
           in a system that
           correlates to the
           mortgage statute.

                           12
MORTGAGE
R162-2c-201 Factors for determining
  financial responsibility for licensure
  through credit report:
     outstanding civil judgments;
     outstanding tax liens;
     foreclosures;
     multiple social security numbers attached to
     the individual's name;
     child support arrearages; and
     bankruptcies.                                  13
REAL ESTATE


Reorganized and renumbered
old rules into a format that is
more user friendly.


                              14
REAL ESTATE

R162-2-2 Plea in abeyance to
MM charge involving fraud,
misrepresentation, theft, or
dishonesty no longer acts as an
automatic bar to licensure.

                                  15
REAL ESTATE
R162-4-1
Licensees will no
longer be subject
to discipline if
they do not
personally attend
closings.
                    16
DODD FRANK ACT
Has far-reaching ramifications.

  2300-page document creates
  Consumer Financial Protection Bureau.




                                          17
DODD FRANK ACT


MORTGAGE (TILA amendments)
Compensation:
  No compensation
  based on the
  terms of the loan.

  No origination
  fees from both
  the borrower and
  lender.
                             18
DODD FRANK ACT


MORTGAGE (TILA amendments)

Origination Standards: consumers
must be offered and receive residential
mortgage loans that reflect their ability to
repay, that are understandable, and that
are not unfair, deceptive, or abusive.


                                           19
DODD FRANK ACT

  MORTGAGE (TILA amendments)

Minimum Loan Standards:

    ability to repay

    qualified mortgage safe harbor



                                     20
DODD FRANK ACT


 MORTGAGE (TILA amendments)
Qualified Mortgage:
    verified income and financial resources,
    payment schedule includes taxes, insurance,
    assessments, etc;
    meet debt-to-income guidelines/regs
    established by Fed;
    total points and fees may not exceed 3 % of
    loan.
                                             21
DODD FRANK ACT


MORTGAGE (TILA amendments)

Foreclosure Defense:
    consumer can assert violations
    of the ability to repay standards
    or steering prohibitions as a
    defense to foreclosure.

                                        22
DODD FRANK ACT


  APPRAISAL
Independence:
     No improper influence of appraiser.
     Settlement service provider obligated
     to report USPAP violations to state
     agency.
     Interim Rules promulgated by Federal
     Reserve.
     HVCC sunset provision.
                                         23
DODD FRANK ACT


   APPRAISAL
BPOs:
   may not be used as
   the primary basis in
   determining the value
   of a piece of property
   that will be security
   for a mortgage loan.

                            24
DODD FRANK ACT


  APPRAISAL
AMCs:
   Subcommittee supervision –
   requirements for regulation in Interim
   Rules.
   Must pay appraisers customary and
   reasonable fees. Interim rule further
   discusses how to determine customary
   and reasonable.
                                        25
FTC MARS Rule
 (Mortgage Assistance Relief Services)



SCOPE:
includes loan
modification
companies and
some real
estate agents.
                                         26
APPLICATION TO
REAL ESTATE AGENTS:
YES, if you are an agent who promotes
your services as a way to help
consumers avoid foreclosure. Example:
getting a lender’s approval for a short
sale.
NO, if you are an agent who only
provides services to help people in
buying or selling homes.
                                          27
FTC MARS Rule


     DISCLOSURES:
1.   General audience
     IMPORTANT NOTICE
     “(Name of company) is not associated
     with the government, and our services
     are not approved by the government or
     your lender. Even if you accept this offer
     and use our service, your lender may not
     agree to change your loan.”
                                              28
FTC MARS Rule


    DISCLOSURES:
2. Prospective Customers for Every Communication
   IMPORTANT NOTICE
   “You may stop doing business with us at any time.
   You may accept or reject the offer of mortgage
   assistance we obtain from your lender (or
   servicer). If you reject the offer, you do not have
   to pay us. If you accept the offer, you will have to
   pay us $________ for our services. PLUS General
   audience disclosure.

                                                   29
FTC MARS Rule


     DISCLOSURES:
3.    Offer of mortgage relief services:

     1-page written notice from customer’s lender or
     servicer explaining material changes
              and
     Disclosure after offer.




                                                   30
FTC MARS Rule


   DISCLOSURES
IMPORTANT NOTICE
  Before agreeing to this service, consider the
  following:
     This is an offer of mortgage assistance we received
     from your lender/servicer. You do not have to accept
     this offer. If you reject the offer, you have no
     obligation to pay us. If you accept the offer, you will
     have to pay us $____ (same as previous disclosure)
     for our services.


                                                          31
FTC MARS Rule


DISCLOSURES
   If there is any representation or implication the
   provider has suggested that the consumer
   discontinue any mortgage payment,

ADD TO DISCLOSURE:
“If you stop paying your mortgage, you could lose your
     home and damage your credit rating.”




                                                         32
FTC MARS Rule


DISCLOSURE CONFUSION

How do agents comply with disclosure
requirements?
  NAR has asked FTC for clarification on how
  agents should implement disclosures.
  NAR interpretation: Rule applies to ANY real
  estate professional negotiating, obtaining, or
  arranging a short sale of a dwelling.

                                               33
FTC MARS Rule


   NO UP FRONT FEES

Payment to service provider
can only occur after the
consumer accepts in writing
the lender/servicer’s written
offer for modification or
short sale approval letter.

                                34
FTC MARS Rule


  RECORD-KEEPING

 Ads and promotional materials

 Sales records

 Communications with customers

Agreements with customers


                                 35
FTC MARS Rule


RECORD-KEEPING

Includes a provision requiring provider
to take reasonable steps to ensure
employees and independent
contractors comply with the rule.




                                          36
UTAH LAW
Foreclosure Rescue Services and Loan Modification Services


       no up-front fees

       written agreement
       for services


                                                     37
UTAH LAW
Prohibitions-
  Suggestion that there is a special relationship with
  the person’s lender or loan servicer;
  falsely represent or advertise;
  recommend or participate in a foreclosure rescue
  when an agent has a business relationship with or
  financial interest in 3rd party purchaser/transferee;
  advise that the person should make a mortgage
  payment to a person other than the person’s loan
  servicer;
  tell the person to refrain from contacting the person’s
  lender, loan servicer, attorney, credit counselor, or
  housing counselor.                                    38
Future Challenges
           for the Division


        THE MARKET

        FEDERAL LAW

        TECHNOLOGY
                              39
Thank you!

 Questions?

              40
Dee Johnson
Enforcement Director




                       41
CARAVAN HISTORY

 The last 7 caravan topics for
 Enforcement have been on types and
 variations of mortgage fraud or real
 estate fraud.

 We have identified more than 20 types
 of fraud related to real estate.

                                        42
2007 Caravan

 Topic: Types of Fraud.
 Mortgage Fraud was our hot issue.
 Foreclosures were not an issue yet.
 Short sales were few and far between.
 Loan modifications were minimal.
 Utah was No. 2-5 in mortgage fraud
   Depending on who was keeping score.
                                         43
Types of Mortgage Fraud
Income - Employment                Forged CPA
Disinformation                     Verification Forms
Illegal Property Flipping          Unrecorded and
Artificially Inflated Appraisals   Fraudulent Seconds
Straw Buyers                       Notice of Interest Liens
Occupant –                         Foreclosure and Equity
Non-Occupant Schemes               Skimming
Identity Theft                     Air Loans
Identity Creation                  Non-Existent
                                   Properties
Purchase Refinance
Schemes                            Reverse Mortgages
Stated Income Schemes              New Construction
                                   Schemes                44
45
2008 Caravan

 Topic: Inflated Appraisals used in
 Mortgage Fraud.
 Properties that were the Parade of
 Homes were being inflated and flipped.
 Real Estate licensee were caught in
 the middle.
 Misuse of appraisals.
 Conviction of Appraisers.            46
47
48
49
2009 Caravan
Topic: Mortgage Fraud, Loan Modifications.
Provo River Bottoms Properties.
  Inflated appraisals.
  Manipulated values.
Provo River Bottoms Convictions
  Individuals involved.
  Licensees involved.
  Criminal sentences by federal courts.

                                          50
April 03, 2009
U.S. District Judge Ted Stewart noted Thursday that the offenders who stole millions of dollars from
mortgage companies in a fraud involving the sale of homes in an upscale Provo neighborhood "are
men of stature and status, success and privilege."
 So, the judge said, it was a mystery to him why they took part in a conspiracy to steal as much money as possible by using straw buyers to flip houses in
the River Bottoms area. The consequences for the mortgage companies, which lost $5.5 million, and residents, whose home values and property taxes
were affected, have been devastating, Stewart said. "It is not too much of a stretch to say this is part of a larger corruption in our society that led to the
economic troubles not
only in this country, but in the whole world," he said. One by one, Stewart sentenced five defendants who had functioned in various roles in the scam to
prison. All had pleaded guilty to conspiracy or fraud-related counts. Sentenced Thursday were: -- Bradley Grant Kitchen, 42, of Provo, whom
prosecutors say orchestrated the conspiracy, to 51 months behind bars. -- David R. Bolick, 52, Sandy, a physician and owner of Home Owners Group
                         Ron K. Clarke, 41, Provo, a licensed real estate agent, 41
and Paragon Investments, 41 months. --
months. -- Steve Wells Cloward, 41, Orem, a licensed real estate appraiser, 33 months. --
Jeffery David Garrett, 44, Provo, an escrow officer, 12 months. Garrett was ordered to pay $100,000 in restitution. The other four are jointly liable for
about $5.4 million to America's Wholesale Lender, which is the wholesale mortgage arm of Countrywide Home Mortgage; and American Broker's
Conduit, the wholesale mortgage arm of American Home Mortgage. A 2007 federal indictment says the defendants entered false sales prices in the
Multiple Listing Service, then used the exaggerated figures to support inflated appraisals of other properties in the affluent River Bottoms area. The
defendants used straw buyers to flip five residences in the neighborhood, according to the indictment, and kept the difference between the home loan and
the actual value of the properties. The case was the first filed in federal court as part of the Utah Mortgage Fraud Task Force. The group --- made up of
local, state and federal law-enforcement officers and state and federal prosecutors -- has brought prosecutions in state courts. Three of the prosecutions
were of straw buyers, including KUTV Channel 2 sports anchor Dave Fox, who admitted he made a misrepresentation to obtain a loan for one of the
homes. Fox entered a plea in abeyance to communications fraud. The case was dismissed and his record wiped clean after he met certain conditions,
including cooperating with prosecutors. The other two straw buyers also entered pleas in abeyance in Utah County. On Thursday, Stewart rejected a
request by Garrett's lawyer for a shorter sentence for his client. Attorney David Maddox argued that Garrett had acted as a straw buyer and pointed out
that Fox and the other straw buyers had been allowed to make pleas in abeyance. The argument didn't sway Stewart. "Why some were not prosecuted ... I
don't know," Stewart said. "I consider the role of straw buyers to be reprehensible." Assistant U.S. Attorney Scott Thorley said Garrett did more than act
as a straw buyer. Meanwhile, Clarke specifically directed his attorney not to ask for a sentence that was shorter than the 41 months, recommended under
federal sentencing guidelines. "I crossed the line," he told Stewart. "I humbly beg for forgiveness."


                                                                                                                                                     51
2010 Caravan
 Topic: Short Sale Fraud and Scams.
 Short Sale Transactions and
 Description.
 Short Sale Scams.
 Computers and scanners are changing
 what looks like an original document.
 Technology and fraud.
 Documents that look real but are not.
                                     52
53
CLEAN TRANSACTION


                      BUYER
SELLER       REAL
             ESTATE
             AGENT




   TITLE
                      LENDER
   COMPANY
                               54
IDEAL CASE FOR SCAMMER


                                       FEE   STRAW BUYER
 SELLER/OWNER    FACILITATOR




  LIENS         LEASE
                               UNAWARE
                OPTION                           LENDER
                                TENANT




TITLE COMPANY      FLIP        END BUYER     SHORT SALE   55
56
Midvale Man Pleads Guilty to Mortgage Fraud
  May 3rd, 2011
  By Dennis Romboy

SALT LAKE CITY — A Midvale man has pleaded guilty in
federal court to falsifying documents to drive up home prices
as part of a mortgage fraud scheme.

In a plea agreement, Christopher D. Hales, 30,
admitted to one count of bank fraud in U.S. District
Court last week. He initially faced 10 counts of mail, wire and bank fraud
and money laundering. Prosecutors agreed to dismiss nine counts in exchange for
the guilty plea.
Judge Ted Stewart will sentence Hales on Aug. 30. Prosecutors recommended
Hales spend 90 months in prison.

Hales admitted that he enlisted others in 2005 to file an
appraisal falsely valuing a Salt Lake house at $750,000.
He then arranged to purchase the home through a straw buyer in order to keep
the equity total of $172,000 for himself.
Cedar Hills Mayor Eric Richardson was linked to the other alleged financial scams
involving Hales, according to court documents. Richardson has not been charged
with a crime.
                                                                                    57
DISCLAIMER
Not all foreclosure rescue plans are

           Fraudulent
                Or


              Illegal

                                       58
State and Federal Regulation

 State statute to deal with foreclosure
 rescue issues.
   Utah Code 61-2f-401.
   Advanced fees.

 Federal Regulations.
   Federal Trade Commission.
   Mortgage Assistance Relief Services
   MARS Rule.
                                          59
60
Foreclosure Process

 Owner has home for residence.
 Owner has existing mortgage.
 Owner falls behind on payments.
 Tries to find financial help.
 Notice of Default is filed by lender or
 servicer.
 Owner can not cure late payments.
 Foreclosure is filed.
                                           61
Foreclosure Process

 Owner tries to negotiate but can not
 cure loan.
 Foreclosure Sale takes place.
 Lender takes property.
 Property sold by lender.
 Transfer title to new owner.

                                        62
Foreclosure Process




                      63
Foreclosure Rescue Process
 Owner has home as residence.
 Owner has existing mortgage.
 Owner falls behind on monthly payments.
 Owner tries to find financial assistance.
 Notice of default is filed.
 Owner finds a real estate licensee.
 Real estate licensee markets property.

                                             64
Foreclosure Rescue Process

 A buyer is found, offer written.
 Offer accepted by Seller.
 Parties go to the title company.
 Try to stall foreclosure.
 Possible short sale.
 Deed in lieu of foreclosure.
 Requires permission of the lender.
                                      65
Foreclosure Rescue




                     66
Foreclosure Rescue Scam

This is a huge, profitable,
fraudulent enterprise.
It represents millions of dollars in our
state each year.
Thousands of people have lost their
homes through this process.
People you know have been victims.
                                           67
What is the Scam

 A distressed homeowner
 looking for help is conned
 out of their title or money by a person or group
 who take advantage of the homeowners.
 These unscrupulous individuals place the
 homeowner in a worse position than they were
 in before the scam.
                                               68
What is the Scam
The scammers either take the property or
take the money and then disappear.
Many times the homeowner could
negotiate without the services of others.
The scammers charge high fees and then
provide no services.


                                        69
How the scammers do it

 They make unrealistic promises to the
 homeowner.
 They guarantee results.
 The claim phantom government
 assistance.
 They charge advance fees and provide
 no services.
                                     70
How the scammers do it

They convince the homeowner to vacate
the property.
They convince the homeowner to
quitclaim title and rent back.
The homeowner enter into a lease option
agreement with the scammers.
They offer the homeowner what looks like
and official government program.
                                       71
How the scammers do it

 They convince the homeowner they
 can provide a loan modification.
 They charge the homeowner money to
 file for bankruptcy to stop the process.
 The homeowner signs away interest to
 the property without knowing what is
 happening.

                                        72
Foreclosure Rescue Scam




                          73
The scammers calling card…

               “Stop               "Get a loan      "We have special
               foreclosure         modification!"   relationships
               now!"                                with banks that
                                                    can speed up the
                 "Keep Your
                                                    approval
                 Home. We know
                                                    process."
                 your home is
                 scheduled to be
                 sold. No
                 Problem!"

                                            "Over 90% of our
“This is a            "100% Money           customers get
government            Back                  results."
program, paid by      Guarantee."
your tax dollars.”                                              74
The Phony Counselor or The Phantom Helper




             The Scam Artist
                                            75
The Bait-and-Switch




  The Accomplice
                      76
Rent-to-Buy Scheme




The Lease Option Specialist
                              77
The Sting




Steal the property and split the “score.”
                                            78
How to stop the fraud
  Employ a reputable real estate
  licensee.
  Consult city or county programs.
  Look for local government assistance.
  There may be help for free.
  Be suspicious.
  Ask for credentials.
  Verify what is expressed.
                                          79
How to stop the fraud
  Contact the lender or servicer first.
  Make payments only to the lender or
  servicer.
  Do not pay upfront fees.
  Know what you are signing.
  Do not vacate the property.
  Do not quitclaim your interest
  in the property.
                                          80
How to stop the fraud

  Never sign a deed to the property
  unless it is a legitimate transaction.
  Report suspicious activity to the proper
  state or federal agencies.




                                         81
Thank you!

 Questions?

              82
CARAVAN 2011
      Mark Fagergren
      Licensing and Education Director




                                         83
84
85
REAL ESTATE




              86
Real Estate

Proposed Rule Provides
better protection for
company names.

    Closely resembles an
    existing name
    Misleading
    Confusing to the public

                              87
CE Credit for Commission
 Meeting Attendance

Credit for attending a Real Estate
Commission or Appraiser Board Meeting.
One meeting for credit per two year license
period.




                                          88
Commission Calendar 2011
 Mortgage        Real Estate    Appraiser
    May 4         May 18, 19      May 25*
   June 1*         June 15         June 22
    July 6          July 20        July 27*
  August 3*       August 10       August 24
 September 7     September 21   September 28*
  October 5*      October 19     October 26
 November 2      November 16    November 9*
 December 7*     December 21    December 14

*Phone Meeting                                  89
Educators not banking CE

Unsubstantiated Complaints
                     MY CE HASN’T
                         BEEN
                       BANKED!
                        AAAH!




                                    90
Proof of CE Completion
CE must be completed by the 15th of the
   month in which license renews.
                      Traditional CE Banking
                   three business day “time lag”

                               VS.

                         Live CE Banking
                         $1.50 x 18 hours

                                               91
Proof of CE Completion




        $42 vs. $69
                         92
Late Renewal
1 day to 30 days     = $50 late fee       18 hours CE

31 days to 6         =$100 late fee +
                     $15 activation fee   24 hours CE
months

6 months to 1 year   =$100 late fee +     42 hours CE
                     $15 activation fee




                                                        93
Late Renewal

Late inactive renewal (one to thirty days)
        requires 18 hours of CE




                                             94
New (and improved) Agents

 Education Improvements
Pre-license Education of 120 hours for Sales Agents and
Brokers

Salesperson 120 hour course includes:
      16 hours on Contracts
      24 hours of Utah Law
   40 total hours on contracts and
   Utah specific requirements



                                                      95
New (and improved) Agents

Continuing Education
 Continuing Education increase to 18 hours

 New Agent Course
    Education (including forms and contracts) after
    agents are licensed, to receive practical, real
    experience vs. textbook realities




                                                      96
New (and improved) Agents

Exams


Both Sales Agent
and Broker exams
are new in 2011.

Exams now include
settlement
statements and the
REPC.
                            97
WEBSITE




          98
RELMS




        99
RELMS
Renewal System Improvements
  CE taken after license renewal date but prior to
  license expiration will now be banked and usable by
  licensee at renewal.
  Notice at the completion of online renewal
  confirming license renewal (including fee paid).
  Allowed to print license renewal confirmation.
  Receipt to the licensee if they included their e-mail
  address.
  Renewal on mobile browser.
  Back button in license renewal module will now
  return the user back to RELMS.
                                                     100
RELMS
Company Change Process will now be sending e-
mails to all parties throughout the change process.
              Broker BRequests Affiliation Change
                Agent acknowledges or or accepts
                Broker A acknowledges accepts the
                change. The change Company B
                 from Company A to is complete.
                           the change.




      Agent                Broker A                 Broker B

                                                               101
RELMS
Company Change Process will now be sending e-
mails to all parties throughout the change process.



 Uncompleted company transfers “fail” after ten days.




                                                      102
APPRAISAL




            103
Appraisal

  Company Affiliation




                        104
Appraisal
      2010 Utah Appraiser Examinations

First Time Takers   Repeat Test Takers   Overall Statistics


Licensed      59% 37% 48%
Certified     49% 49% 49%
Residential

Certified     73% 50% 62%
General




                                                              105
Appraisal

Trainee Registration
  Group A – Registered BEFORE 1/1/08
    474   Group A Trainees whose registration
          was set to expire on 12/31/10
    424   Group A Trainees whose registration
          expired on 12/31/10
    50    Group A Trainees who renewed their
          registration


                                                106
Appraisal

Trainee Registration
  Group B – Registered DURING 2008
    28 Hours CE and fee required to re-register
    Must re-register this year by initial registration
    anniversary date




                                                         107
Appraisal

Trainee Registration
  Group C – Registered 1/1/09 ( OR AFTER)
     28 Hours CE and fee required to re-register
     Must re-register on two-year registration
     anniversary




                                                   108
Appraisal
Segmented Applications submitted before
12/31/2007 had until 12/31/2010 to complete
their experience requirement, pass their exam,
               Here are the Results
and subsequently become licensed.
 393   Segmented applications submitted to the Division


 196   No experience submitted to complete their application




                                                               109
Appraisal
Segmented Applications

                   Here are the Results


 19      Applications approved for testing who either did not
         take or pass their exam


 Pending rule allows these individuals to not have to re-submit
    experience for review, if they meet new education
    requirement and become licensed before 12/31/11.

                                                                  110
Appraisal
Segmented Applications

             Here are the Results



 168      Segmented applicants received their licenses




                                                         111
Appraisal

All applicants for licensure are now required to submit
all appraiser experience (no selectivity in determining
what is placed on experience log)




                                                          112
Appraisal

Pre-licensing education taken during current two-
year licensing period may be used to fulfill 21
elective continuing education hours.




                                                    113
Appraisal

National Registry Fee increasing. Beginning 1/1/12 the 
registry fee will increase from $50 ‐ $80, every two 
years.




                                                          114
Appraisal
Appraiser CE banking has now been in operation for the 
past two years.
 In the next couple of months, when an appraiser renews their 
 license they will not be able to “add” non‐banked CE courses (that 
 were taken before CE banking was required)




                                                                       115
Appraisal
Avoid falling off National Registry by applying in the 
month preceding their license expiration:
 May 31, 2011 license expires.


 April 15, 2011 – Six weeks before license expires, RELMS system 
 renewal module is enabled.




                                                                    116
Appraisal
Avoid falling off National Registry by applying in the 
month preceding their license expiration:
 April 15, 2011 – (Approximately), Courtesy renewal postcard sent 
 by the Division to your RELMS public address




                                                                     117
Appraisal
Avoid falling off National Registry by applying in the 
month preceding their license expiration:
 License renewal in the month preceding license expiration will 
 prevent your license from briefly “falling off” National Registry




                                                                     118
Appraisal
Appraisal Subcommittee Audit


DRE in compliance


“Timeliness” of investigations (one‐year “turn around” criteria)


Mass appraiser experience log – Division verification “random 
sampling” required




                                                                   119
Appraisal
Appraiser CE audits

Zero discrepancies found since renewal on­line




                                                 120
MORTGAGE




           121
Mortgage
We finished a difficult transition and licensing year into 
the NMLS System
 5/2010 – Transition deadline
 7/2010 – Certification deadline (education and exam)
 12/2010 – License renewal deadline
 2/2011 – Reinstatement deadline




                                                              122
Mortgage

474 –
Mortgage licensees 
reinstated between 
1/1/11 and 2/28/11
                      123
Mortgage
Licensing Numbers 2010 to 2011:


        1/1/2010                  3/2011
       9,027 MLOs             3,938 MLOs




                                           124
Mortgage
Unique Branch Lending Manager (BLM) 
           for each branch




                                       125
Mortgage

New Licensee Pre­License Education:
    MLO = 40 hour Utah + 20 hour NMLS
    PLM = 40 hour Utah


Fingerprints

Credit report



                                        126
127
128
Mortgage
Credit Reporting Review (Financial Responsibility)


 Liens, judgments, bankruptcies, foreclosures, child support being 
 reviewed


 Circumstances, payments and 
 payment plans


 30 suspended for not authorizing 
 Credit Report

                                                                      129
Mortgage

Currently, no requirement for Call Reports




                                             130
Mortgage

2012 License Renewal (11/1/11 – 12/31/11)


Only 6 months away!




                                            131
Mortgage

No DRE CE for Mortgage license renewal

8 hours NMLS CE
 3 hours – federal law and regulations
 2 hours – ethics
 2 hours – non‐traditional mortgage lending products
 1 hour ‐ elective

Initial licensing year – no CE required

                                                       132
Mortgage
Personal information disclosure – only what is on the 
NMLS Consumer Access.




No e‐mail addresses.



                                                         133
Questions?

             134
Thank you!




             135

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2011 Utah Real Estate Caravan

  • 1. CARAVAN 2011 Deanna Sabey Director of Real Estate 1
  • 2. Agency Information Revamped Division web-site Color Coded Boxes Upcoming Events & Notices Disciplinary Action Look Up Consumer Resources for Filing a complaint Getting information on foreclosure prevention and loan modifications Mortgage and real estate education fund information Statutes and rules Licensee look-up 2
  • 3. Newsletter New Flip format Topical guide in 4th Q Newsletter for 2010 Legal Corner 3
  • 4. Governor’s call for agencies to review regulations GOAL: REDUCE REGULATION Removed 10 day reporting of Class C misdemeanors Did not participate in the NMLS Mortgage Call Report Removed rule requiring appraisers to certify with the Division to provide testimony in court. Removed appraiser education committee requirement FUTURE reductions in regulation are coming! 4
  • 5. H.B. 91 (effective 5/10) No 10 day reporting of class C misdemeanors MORTGAGE and REAL ESTATE: Commission review of a Division order is de novo. Prohibit up-front fees in loan mods and foreclosure rescue services. REAL ESTATE, define “business opportunity”. 5
  • 6. H.B. 91 (effective 5/10) APPRAISAL: Reorganize the existing provisions Correct inconsistencies Add Division concurrence for decisions relating to disciplinary proceedings Allow appraisers who are also real estate licensees to produce broker price opinions 6
  • 7. H.B. 91 (effective 5/10) APPRAISAL MANAGEMENT: Increase penalty to $5,000 per violation Limit the automatic revocation provision regarding AMC control person Revise AMC definition Give the Division concurrent rulemaking authority with the Appraisal Board. 7
  • 8. H.B. 91 (effective 5/10) Decisions relating to disciplinary proceedings made through concurrence of the Division and the Appraiser Board. AMC cannot require an appraiser to indemnify the AMC against liability except liability for appraiser errors and omissions. Disciplinary action for a violation of 15 U.S.C. Sec. 1639e(i), customary and reasonable fees provision. 8
  • 9. APPRAISAL RULES Working on reorganization of rules to mirror the organization and numbering of the appraiser statute. 9
  • 10. APPRAISAL RULES R162-103: student must attend 100% of scheduled class time. Individual can be awarded up to ½ of CE for teaching, program development, authorship of textbooks, or similar activities. 10
  • 11. APPRAISAL MANAGEMENT COMPANIES Reorganized reflecting the AMC statute R162-2e: AMC must have systems in place to: Verify each appraiser on the panel is licensed or certified; Verify an assignment is completed by the appraiser; Ensure an assignment offer has enough information; Track the client and the appraiser on each assignment. 11
  • 12. MORTGAGE Reorganized and renumbered rules in a system that correlates to the mortgage statute. 12
  • 13. MORTGAGE R162-2c-201 Factors for determining financial responsibility for licensure through credit report: outstanding civil judgments; outstanding tax liens; foreclosures; multiple social security numbers attached to the individual's name; child support arrearages; and bankruptcies. 13
  • 14. REAL ESTATE Reorganized and renumbered old rules into a format that is more user friendly. 14
  • 15. REAL ESTATE R162-2-2 Plea in abeyance to MM charge involving fraud, misrepresentation, theft, or dishonesty no longer acts as an automatic bar to licensure. 15
  • 16. REAL ESTATE R162-4-1 Licensees will no longer be subject to discipline if they do not personally attend closings. 16
  • 17. DODD FRANK ACT Has far-reaching ramifications. 2300-page document creates Consumer Financial Protection Bureau. 17
  • 18. DODD FRANK ACT MORTGAGE (TILA amendments) Compensation: No compensation based on the terms of the loan. No origination fees from both the borrower and lender. 18
  • 19. DODD FRANK ACT MORTGAGE (TILA amendments) Origination Standards: consumers must be offered and receive residential mortgage loans that reflect their ability to repay, that are understandable, and that are not unfair, deceptive, or abusive. 19
  • 20. DODD FRANK ACT MORTGAGE (TILA amendments) Minimum Loan Standards: ability to repay qualified mortgage safe harbor 20
  • 21. DODD FRANK ACT MORTGAGE (TILA amendments) Qualified Mortgage: verified income and financial resources, payment schedule includes taxes, insurance, assessments, etc; meet debt-to-income guidelines/regs established by Fed; total points and fees may not exceed 3 % of loan. 21
  • 22. DODD FRANK ACT MORTGAGE (TILA amendments) Foreclosure Defense: consumer can assert violations of the ability to repay standards or steering prohibitions as a defense to foreclosure. 22
  • 23. DODD FRANK ACT APPRAISAL Independence: No improper influence of appraiser. Settlement service provider obligated to report USPAP violations to state agency. Interim Rules promulgated by Federal Reserve. HVCC sunset provision. 23
  • 24. DODD FRANK ACT APPRAISAL BPOs: may not be used as the primary basis in determining the value of a piece of property that will be security for a mortgage loan. 24
  • 25. DODD FRANK ACT APPRAISAL AMCs: Subcommittee supervision – requirements for regulation in Interim Rules. Must pay appraisers customary and reasonable fees. Interim rule further discusses how to determine customary and reasonable. 25
  • 26. FTC MARS Rule (Mortgage Assistance Relief Services) SCOPE: includes loan modification companies and some real estate agents. 26
  • 27. APPLICATION TO REAL ESTATE AGENTS: YES, if you are an agent who promotes your services as a way to help consumers avoid foreclosure. Example: getting a lender’s approval for a short sale. NO, if you are an agent who only provides services to help people in buying or selling homes. 27
  • 28. FTC MARS Rule DISCLOSURES: 1. General audience IMPORTANT NOTICE “(Name of company) is not associated with the government, and our services are not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan.” 28
  • 29. FTC MARS Rule DISCLOSURES: 2. Prospective Customers for Every Communication IMPORTANT NOTICE “You may stop doing business with us at any time. You may accept or reject the offer of mortgage assistance we obtain from your lender (or servicer). If you reject the offer, you do not have to pay us. If you accept the offer, you will have to pay us $________ for our services. PLUS General audience disclosure. 29
  • 30. FTC MARS Rule DISCLOSURES: 3. Offer of mortgage relief services: 1-page written notice from customer’s lender or servicer explaining material changes and Disclosure after offer. 30
  • 31. FTC MARS Rule DISCLOSURES IMPORTANT NOTICE Before agreeing to this service, consider the following: This is an offer of mortgage assistance we received from your lender/servicer. You do not have to accept this offer. If you reject the offer, you have no obligation to pay us. If you accept the offer, you will have to pay us $____ (same as previous disclosure) for our services. 31
  • 32. FTC MARS Rule DISCLOSURES If there is any representation or implication the provider has suggested that the consumer discontinue any mortgage payment, ADD TO DISCLOSURE: “If you stop paying your mortgage, you could lose your home and damage your credit rating.” 32
  • 33. FTC MARS Rule DISCLOSURE CONFUSION How do agents comply with disclosure requirements? NAR has asked FTC for clarification on how agents should implement disclosures. NAR interpretation: Rule applies to ANY real estate professional negotiating, obtaining, or arranging a short sale of a dwelling. 33
  • 34. FTC MARS Rule NO UP FRONT FEES Payment to service provider can only occur after the consumer accepts in writing the lender/servicer’s written offer for modification or short sale approval letter. 34
  • 35. FTC MARS Rule RECORD-KEEPING Ads and promotional materials Sales records Communications with customers Agreements with customers 35
  • 36. FTC MARS Rule RECORD-KEEPING Includes a provision requiring provider to take reasonable steps to ensure employees and independent contractors comply with the rule. 36
  • 37. UTAH LAW Foreclosure Rescue Services and Loan Modification Services no up-front fees written agreement for services 37
  • 38. UTAH LAW Prohibitions- Suggestion that there is a special relationship with the person’s lender or loan servicer; falsely represent or advertise; recommend or participate in a foreclosure rescue when an agent has a business relationship with or financial interest in 3rd party purchaser/transferee; advise that the person should make a mortgage payment to a person other than the person’s loan servicer; tell the person to refrain from contacting the person’s lender, loan servicer, attorney, credit counselor, or housing counselor. 38
  • 39. Future Challenges for the Division THE MARKET FEDERAL LAW TECHNOLOGY 39
  • 42. CARAVAN HISTORY The last 7 caravan topics for Enforcement have been on types and variations of mortgage fraud or real estate fraud. We have identified more than 20 types of fraud related to real estate. 42
  • 43. 2007 Caravan Topic: Types of Fraud. Mortgage Fraud was our hot issue. Foreclosures were not an issue yet. Short sales were few and far between. Loan modifications were minimal. Utah was No. 2-5 in mortgage fraud Depending on who was keeping score. 43
  • 44. Types of Mortgage Fraud Income - Employment Forged CPA Disinformation Verification Forms Illegal Property Flipping Unrecorded and Artificially Inflated Appraisals Fraudulent Seconds Straw Buyers Notice of Interest Liens Occupant – Foreclosure and Equity Non-Occupant Schemes Skimming Identity Theft Air Loans Identity Creation Non-Existent Properties Purchase Refinance Schemes Reverse Mortgages Stated Income Schemes New Construction Schemes 44
  • 45. 45
  • 46. 2008 Caravan Topic: Inflated Appraisals used in Mortgage Fraud. Properties that were the Parade of Homes were being inflated and flipped. Real Estate licensee were caught in the middle. Misuse of appraisals. Conviction of Appraisers. 46
  • 47. 47
  • 48. 48
  • 49. 49
  • 50. 2009 Caravan Topic: Mortgage Fraud, Loan Modifications. Provo River Bottoms Properties. Inflated appraisals. Manipulated values. Provo River Bottoms Convictions Individuals involved. Licensees involved. Criminal sentences by federal courts. 50
  • 51. April 03, 2009 U.S. District Judge Ted Stewart noted Thursday that the offenders who stole millions of dollars from mortgage companies in a fraud involving the sale of homes in an upscale Provo neighborhood "are men of stature and status, success and privilege." So, the judge said, it was a mystery to him why they took part in a conspiracy to steal as much money as possible by using straw buyers to flip houses in the River Bottoms area. The consequences for the mortgage companies, which lost $5.5 million, and residents, whose home values and property taxes were affected, have been devastating, Stewart said. "It is not too much of a stretch to say this is part of a larger corruption in our society that led to the economic troubles not only in this country, but in the whole world," he said. One by one, Stewart sentenced five defendants who had functioned in various roles in the scam to prison. All had pleaded guilty to conspiracy or fraud-related counts. Sentenced Thursday were: -- Bradley Grant Kitchen, 42, of Provo, whom prosecutors say orchestrated the conspiracy, to 51 months behind bars. -- David R. Bolick, 52, Sandy, a physician and owner of Home Owners Group Ron K. Clarke, 41, Provo, a licensed real estate agent, 41 and Paragon Investments, 41 months. -- months. -- Steve Wells Cloward, 41, Orem, a licensed real estate appraiser, 33 months. -- Jeffery David Garrett, 44, Provo, an escrow officer, 12 months. Garrett was ordered to pay $100,000 in restitution. The other four are jointly liable for about $5.4 million to America's Wholesale Lender, which is the wholesale mortgage arm of Countrywide Home Mortgage; and American Broker's Conduit, the wholesale mortgage arm of American Home Mortgage. A 2007 federal indictment says the defendants entered false sales prices in the Multiple Listing Service, then used the exaggerated figures to support inflated appraisals of other properties in the affluent River Bottoms area. The defendants used straw buyers to flip five residences in the neighborhood, according to the indictment, and kept the difference between the home loan and the actual value of the properties. The case was the first filed in federal court as part of the Utah Mortgage Fraud Task Force. The group --- made up of local, state and federal law-enforcement officers and state and federal prosecutors -- has brought prosecutions in state courts. Three of the prosecutions were of straw buyers, including KUTV Channel 2 sports anchor Dave Fox, who admitted he made a misrepresentation to obtain a loan for one of the homes. Fox entered a plea in abeyance to communications fraud. The case was dismissed and his record wiped clean after he met certain conditions, including cooperating with prosecutors. The other two straw buyers also entered pleas in abeyance in Utah County. On Thursday, Stewart rejected a request by Garrett's lawyer for a shorter sentence for his client. Attorney David Maddox argued that Garrett had acted as a straw buyer and pointed out that Fox and the other straw buyers had been allowed to make pleas in abeyance. The argument didn't sway Stewart. "Why some were not prosecuted ... I don't know," Stewart said. "I consider the role of straw buyers to be reprehensible." Assistant U.S. Attorney Scott Thorley said Garrett did more than act as a straw buyer. Meanwhile, Clarke specifically directed his attorney not to ask for a sentence that was shorter than the 41 months, recommended under federal sentencing guidelines. "I crossed the line," he told Stewart. "I humbly beg for forgiveness." 51
  • 52. 2010 Caravan Topic: Short Sale Fraud and Scams. Short Sale Transactions and Description. Short Sale Scams. Computers and scanners are changing what looks like an original document. Technology and fraud. Documents that look real but are not. 52
  • 53. 53
  • 54. CLEAN TRANSACTION BUYER SELLER REAL ESTATE AGENT TITLE LENDER COMPANY 54
  • 55. IDEAL CASE FOR SCAMMER FEE STRAW BUYER SELLER/OWNER FACILITATOR LIENS LEASE UNAWARE OPTION LENDER TENANT TITLE COMPANY FLIP END BUYER SHORT SALE 55
  • 56. 56
  • 57. Midvale Man Pleads Guilty to Mortgage Fraud May 3rd, 2011 By Dennis Romboy SALT LAKE CITY — A Midvale man has pleaded guilty in federal court to falsifying documents to drive up home prices as part of a mortgage fraud scheme. In a plea agreement, Christopher D. Hales, 30, admitted to one count of bank fraud in U.S. District Court last week. He initially faced 10 counts of mail, wire and bank fraud and money laundering. Prosecutors agreed to dismiss nine counts in exchange for the guilty plea. Judge Ted Stewart will sentence Hales on Aug. 30. Prosecutors recommended Hales spend 90 months in prison. Hales admitted that he enlisted others in 2005 to file an appraisal falsely valuing a Salt Lake house at $750,000. He then arranged to purchase the home through a straw buyer in order to keep the equity total of $172,000 for himself. Cedar Hills Mayor Eric Richardson was linked to the other alleged financial scams involving Hales, according to court documents. Richardson has not been charged with a crime. 57
  • 58. DISCLAIMER Not all foreclosure rescue plans are Fraudulent Or Illegal 58
  • 59. State and Federal Regulation State statute to deal with foreclosure rescue issues. Utah Code 61-2f-401. Advanced fees. Federal Regulations. Federal Trade Commission. Mortgage Assistance Relief Services MARS Rule. 59
  • 60. 60
  • 61. Foreclosure Process Owner has home for residence. Owner has existing mortgage. Owner falls behind on payments. Tries to find financial help. Notice of Default is filed by lender or servicer. Owner can not cure late payments. Foreclosure is filed. 61
  • 62. Foreclosure Process Owner tries to negotiate but can not cure loan. Foreclosure Sale takes place. Lender takes property. Property sold by lender. Transfer title to new owner. 62
  • 64. Foreclosure Rescue Process Owner has home as residence. Owner has existing mortgage. Owner falls behind on monthly payments. Owner tries to find financial assistance. Notice of default is filed. Owner finds a real estate licensee. Real estate licensee markets property. 64
  • 65. Foreclosure Rescue Process A buyer is found, offer written. Offer accepted by Seller. Parties go to the title company. Try to stall foreclosure. Possible short sale. Deed in lieu of foreclosure. Requires permission of the lender. 65
  • 67. Foreclosure Rescue Scam This is a huge, profitable, fraudulent enterprise. It represents millions of dollars in our state each year. Thousands of people have lost their homes through this process. People you know have been victims. 67
  • 68. What is the Scam A distressed homeowner looking for help is conned out of their title or money by a person or group who take advantage of the homeowners. These unscrupulous individuals place the homeowner in a worse position than they were in before the scam. 68
  • 69. What is the Scam The scammers either take the property or take the money and then disappear. Many times the homeowner could negotiate without the services of others. The scammers charge high fees and then provide no services. 69
  • 70. How the scammers do it They make unrealistic promises to the homeowner. They guarantee results. The claim phantom government assistance. They charge advance fees and provide no services. 70
  • 71. How the scammers do it They convince the homeowner to vacate the property. They convince the homeowner to quitclaim title and rent back. The homeowner enter into a lease option agreement with the scammers. They offer the homeowner what looks like and official government program. 71
  • 72. How the scammers do it They convince the homeowner they can provide a loan modification. They charge the homeowner money to file for bankruptcy to stop the process. The homeowner signs away interest to the property without knowing what is happening. 72
  • 74. The scammers calling card… “Stop "Get a loan "We have special foreclosure modification!" relationships now!" with banks that can speed up the "Keep Your approval Home. We know process." your home is scheduled to be sold. No Problem!" "Over 90% of our “This is a "100% Money customers get government Back results." program, paid by Guarantee." your tax dollars.” 74
  • 75. The Phony Counselor or The Phantom Helper The Scam Artist 75
  • 76. The Bait-and-Switch The Accomplice 76
  • 77. Rent-to-Buy Scheme The Lease Option Specialist 77
  • 78. The Sting Steal the property and split the “score.” 78
  • 79. How to stop the fraud Employ a reputable real estate licensee. Consult city or county programs. Look for local government assistance. There may be help for free. Be suspicious. Ask for credentials. Verify what is expressed. 79
  • 80. How to stop the fraud Contact the lender or servicer first. Make payments only to the lender or servicer. Do not pay upfront fees. Know what you are signing. Do not vacate the property. Do not quitclaim your interest in the property. 80
  • 81. How to stop the fraud Never sign a deed to the property unless it is a legitimate transaction. Report suspicious activity to the proper state or federal agencies. 81
  • 83. CARAVAN 2011 Mark Fagergren Licensing and Education Director 83
  • 84. 84
  • 85. 85
  • 87. Real Estate Proposed Rule Provides better protection for company names. Closely resembles an existing name Misleading Confusing to the public 87
  • 88. CE Credit for Commission Meeting Attendance Credit for attending a Real Estate Commission or Appraiser Board Meeting. One meeting for credit per two year license period. 88
  • 89. Commission Calendar 2011 Mortgage Real Estate Appraiser May 4 May 18, 19 May 25* June 1* June 15 June 22 July 6 July 20 July 27* August 3* August 10 August 24 September 7 September 21 September 28* October 5* October 19 October 26 November 2 November 16 November 9* December 7* December 21 December 14 *Phone Meeting 89
  • 90. Educators not banking CE Unsubstantiated Complaints MY CE HASN’T BEEN BANKED! AAAH! 90
  • 91. Proof of CE Completion CE must be completed by the 15th of the month in which license renews. Traditional CE Banking three business day “time lag” VS. Live CE Banking $1.50 x 18 hours 91
  • 92. Proof of CE Completion $42 vs. $69 92
  • 93. Late Renewal 1 day to 30 days = $50 late fee 18 hours CE 31 days to 6 =$100 late fee + $15 activation fee 24 hours CE months 6 months to 1 year =$100 late fee + 42 hours CE $15 activation fee 93
  • 94. Late Renewal Late inactive renewal (one to thirty days) requires 18 hours of CE 94
  • 95. New (and improved) Agents Education Improvements Pre-license Education of 120 hours for Sales Agents and Brokers Salesperson 120 hour course includes: 16 hours on Contracts 24 hours of Utah Law 40 total hours on contracts and Utah specific requirements 95
  • 96. New (and improved) Agents Continuing Education Continuing Education increase to 18 hours New Agent Course Education (including forms and contracts) after agents are licensed, to receive practical, real experience vs. textbook realities 96
  • 97. New (and improved) Agents Exams Both Sales Agent and Broker exams are new in 2011. Exams now include settlement statements and the REPC. 97
  • 98. WEBSITE 98
  • 99. RELMS 99
  • 100. RELMS Renewal System Improvements CE taken after license renewal date but prior to license expiration will now be banked and usable by licensee at renewal. Notice at the completion of online renewal confirming license renewal (including fee paid). Allowed to print license renewal confirmation. Receipt to the licensee if they included their e-mail address. Renewal on mobile browser. Back button in license renewal module will now return the user back to RELMS. 100
  • 101. RELMS Company Change Process will now be sending e- mails to all parties throughout the change process. Broker BRequests Affiliation Change Agent acknowledges or or accepts Broker A acknowledges accepts the change. The change Company B from Company A to is complete. the change. Agent Broker A Broker B 101
  • 102. RELMS Company Change Process will now be sending e- mails to all parties throughout the change process. Uncompleted company transfers “fail” after ten days. 102
  • 103. APPRAISAL 103
  • 104. Appraisal Company Affiliation 104
  • 105. Appraisal 2010 Utah Appraiser Examinations First Time Takers Repeat Test Takers Overall Statistics Licensed 59% 37% 48% Certified 49% 49% 49% Residential Certified 73% 50% 62% General 105
  • 106. Appraisal Trainee Registration Group A – Registered BEFORE 1/1/08 474 Group A Trainees whose registration was set to expire on 12/31/10 424 Group A Trainees whose registration expired on 12/31/10 50 Group A Trainees who renewed their registration 106
  • 107. Appraisal Trainee Registration Group B – Registered DURING 2008 28 Hours CE and fee required to re-register Must re-register this year by initial registration anniversary date 107
  • 108. Appraisal Trainee Registration Group C – Registered 1/1/09 ( OR AFTER) 28 Hours CE and fee required to re-register Must re-register on two-year registration anniversary 108
  • 109. Appraisal Segmented Applications submitted before 12/31/2007 had until 12/31/2010 to complete their experience requirement, pass their exam, Here are the Results and subsequently become licensed. 393 Segmented applications submitted to the Division 196 No experience submitted to complete their application 109
  • 110. Appraisal Segmented Applications Here are the Results 19 Applications approved for testing who either did not take or pass their exam Pending rule allows these individuals to not have to re-submit experience for review, if they meet new education requirement and become licensed before 12/31/11. 110
  • 111. Appraisal Segmented Applications Here are the Results 168 Segmented applicants received their licenses 111
  • 112. Appraisal All applicants for licensure are now required to submit all appraiser experience (no selectivity in determining what is placed on experience log) 112
  • 113. Appraisal Pre-licensing education taken during current two- year licensing period may be used to fulfill 21 elective continuing education hours. 113
  • 121. MORTGAGE 121
  • 122. Mortgage We finished a difficult transition and licensing year into  the NMLS System 5/2010 – Transition deadline 7/2010 – Certification deadline (education and exam) 12/2010 – License renewal deadline 2/2011 – Reinstatement deadline 122
  • 124. Mortgage Licensing Numbers 2010 to 2011: 1/1/2010 3/2011 9,027 MLOs 3,938 MLOs 124
  • 126. Mortgage New Licensee Pre­License Education: MLO = 40 hour Utah + 20 hour NMLS PLM = 40 hour Utah Fingerprints Credit report 126
  • 127. 127
  • 128. 128
  • 129. Mortgage Credit Reporting Review (Financial Responsibility) Liens, judgments, bankruptcies, foreclosures, child support being  reviewed Circumstances, payments and  payment plans 30 suspended for not authorizing  Credit Report 129
  • 132. Mortgage No DRE CE for Mortgage license renewal 8 hours NMLS CE 3 hours – federal law and regulations 2 hours – ethics 2 hours – non‐traditional mortgage lending products 1 hour ‐ elective Initial licensing year – no CE required 132
  • 134. Questions? 134
  • 135. Thank you! 135