Archive for the ‘Legal Lane’ Category

Search Terms in Seattle

Wednesday, December 2nd, 2009

Seattle Real Estate Search Terms

Web sta­tis­tics include the terms peo­ple use to search on my web­sites. Through the first 36 hours of Decem­ber 2009, the search terms which brought peo­ple to GNAde.com were:

  1. wash­ing­ton state rodent dis­clo­sure buy home
  2. stairs near the liv­ing room
  3. home sell­ers dis­clo­sure form wash­ing­ton state
  4. first time home buyer tax credit seattle
  5. din­ing room with sky­light light­ing room design
  6. mount­lake terrace
  7. real estate attor­ney north­gate washington
  8. cus­tomer tes­ti­mo­ni­als exam­ples real estate
  9. form 17.doc washington
  10. real estate laws for wash­ing­ton state
  11. under­stand form 17 seller disclosure
  12. bed mas­ter room door out
  13. fail­ure to pro­vide resale cer­tifi­cate wa
  14. exam­ple of home buy­ers form 17
  15. the liv­ing end 1998
  16. brick tudor homes
  17. first time home buyer seattle
  18. form 17 wash­ing­ton state law
  19. dec­la­ra­tion state­ment real estate washington
  20. wash­ing­ton state form 17
  21. real estate seat­tle area
  22. prop­erty dealer — tes­ti­mo­nial by clients
  23. 8000 tax credit flyer

Six of the 23 terms deal with seller dis­clo­sure or men­tion directly Form 17, the Wash­ing­ton Seller Dis­clo­sure State­ment which I have called “form fatale.” Two are look­ing for infor­ma­tion about the which has not only been extended for tax credit for first-time buy­ers but also expanded to include tax cred­its for cur­rent home buy­ers.

Five search terms deal with spe­cific loca­tions (Mount­lake Ter­race and North­gate ) and home style or fea­tures (brick tudor, stair loca­tion, sky­lights). The lat­ter where likely image searches.

The one seach term on the list that has me baf­fled is “the liv­ing end 1998.”

The problem is not real estate but no disclosure.

Thursday, March 26th, 2009

The March 25, 2009 edi­tion of The Wall Street Jour­nal (WSJ) car­ried one of the most lucid and log­i­cal expla­na­tions of the cause of our cur­rent finan­cial cri­sis. The arti­cle — Toxic Assets Were Hid­den Assets — was penned by none other than Her­nando De Soto whose book,  The Mys­tery of Cap­i­tal caught my atten­tion some two years ago.

The Mystery of Capitalism by Hernando De Soto.

The Mys­tery of Cap­i­tal­ism by Her­nando De Soto.

I posted a blog about this book on SERENE™ back in Jan­u­ary 2007 which is worth repeat­ing in part:

Her­nando De Soto, makes a very good case for pri­vate own­er­ship of prop­erty as the engine of any econ­omy. With­out hav­ing doc­u­mented proof of prop­erty own­er­ship entre­pre­neur­ship would be impos­si­ble. Over 80 per­cent of all busi­nesses in this coun­try are started because the home served as col­lat­eral.  He says:

This wasn’t always pos­si­ble. After the Cal­i­for­nia gold rush there were about 800 sep­a­rate prop­erty juris­dic­tions, each with its own laws. Out­side each juris­dic­tion a prop­erty did not “exist”. It was with­out value. The ear­lier squat­ters who occu­pied land did so out­side the for­mal legal sys­tem. It took sev­eral decades to cre­ate the nation-wide for­mal legal own­er­ship of prop­erty that can be doc­u­mented through title.

I’ve bolded in the above the word “doc­u­mented” to empha­size the miss­ing char­ac­ter­is­tic of the newly-minted finan­cial instru­ments known as deriv­a­tives — mortgage-backed secu­ri­ties, col­lat­er­al­ized debt oblig­a­tions, and credit default swaps.

Not sur­pris­ingly, De Soto’s com­men­tary in the WSJ picks up where his book leaves off:

These deriv­a­tives are the root of the credit crunch. Why? Unlike all other prop­erty paper, deriv­a­tives are not required by law to be recorded, con­tin­u­ally tracked and tied to the assets they rep­re­sent. Nobody knows pre­cisely how many there are, where they are, and who is finally account­able for them. Thus, there is wide­spread fear that poten­tial bor­row­ers and recip­i­ents of cap­i­tal with too many non­per­form­ing deriv­a­tives will be unable to repay their loans. As trust in prop­erty paper breaks down it sets off a chain reac­tion, par­a­lyz­ing credit and invest­ment, which shrinks trans­ac­tions and leads to a cat­a­strophic drop in employ­ment and in the value of everyone’titles property.

In other words, what has taken us cen­turies to develop, which is the doc­u­men­ta­tion and cat­e­goris­ing and reg­is­ter­ing of own­er­ship of real prop­erty (title) has been will­fully ignored by the peo­ple who’ve invented these derivatives.

In De Soto’s own words, his WSJ arti­cle says:

Ever since humans started trad­ing, lend­ing and invest­ing beyond the con­fines of the fam­ily and the tribe, we have depended on legally authen­ti­cated writ­ten state­ments to get the facts about things of value. Over the past 200 years, that legal author­ity has matured into a global con­sen­sus on the pro­ce­dures, stan­dards and prin­ci­ples required to doc­u­ment facts in a way that every­one can eas­ily under­stand and trust.

The result is a for­mi­da­ble prop­erty sys­tem with rules and record­ing mech­a­nisms that fix on paper the facts that allow us to hold, trans­fer, trans­form and use every­thing we own, from stocks to screen­plays. The only paper rep­re­sent­ing an asset that is not cen­trally recorded, stan­dard­ized and eas­ily tracked are derivatives.

(Empha­sis mine).

dark-clouds-ray-of-sunshineDe Soto does not believe the solu­tion to the cur­rent cri­sis lies in “cling­ing to the hope that the exist­ing mar­ket will even­tu­ally sort things out.” What is the mar­ket to sort out if the mar­ket does not know who owns it, much less what “it” is worth?

“Mod­ern mar­kets only work if the paper is reli­able,” De Soto concludes.

As a Real­tor® I know this only too well. Doc­u­men­ta­tion of own­er­ship and value are crit­i­cal to every real estate trans­ac­tion. Cloud on title is a bad thing.

The cloud that dark­ens most of these deriv­a­tives needs to be lifted before we can see our way out ot this mess.

Gerhard's Haus


Relocating and Renting in Seattle.

Saturday, February 28th, 2009

Because much of my busi­ness revolves around relo­ca­tion I help many peo­ple rent before they buy.  (Some never buy and that’s fine with me, too.)  Tomor­row, a young fam­ily who trans­ferred from Europe to Seat­tle with Amazon.com will move into an east­side rental home.  The loca­tion is per­fect: walk­ing dis­tance to a Park & Ride for an easy com­mute via I-90 across Lake Wash­ing­ton. The neigh­bor­hood, close to Lake Wash­ing­ton,  is quiet with plenty of parks and play­grounds  — just what a mother of a three-year old would want.

When we started our col­lab­o­ra­tive search via the Web, the young fam­ily had their eyes set on Seat­tle neigh­bor­hoods,  specif­i­cally the Queen Ann and Green Lake areas.  As it turned out the two most attrac­tive homes we saw after their arrival were one in the Walling­ford neigh­bor­hood and one in Queen Anne — the lat­ter chiefly because of a won­der­ful view of the city.  But there were draw­backs with all these homes:  too far to walk to every­day con­ve­niences, restric­tive park­ing and heavy local traffic.

What these new­com­ers to Seat­tle liked were trees, parks, and open spaces. That’s what they liked about the east­side neigh­bor­hoods. Not hav­ing a car ini­tially and intend­ing to buy just one car, the prox­im­ity to pub­lic trans­port was crit­i­cal. Sur­pris­ingly, some best east­side neigh­bor­hoods offered greater con­ve­nience than some of the Seat­tle loca­tions. Finally, the qual­ity of  pre-school facil­i­ties made the South Belle­vue home nearly ideal.

Because exe­cut­ing a lease can be done fairly quickly I edu­cate my clients about land­lord and ten­ant law at the out­set.  I will give them a stan­dard lease to review before the time comes to fill it out, date and sign.

Find­ing the right rental home is a good thing.  Rent­ing that home the right way will make the stay enjoyable.

P.S.

To the unini­ti­ated, the process of rent­ing  a home would appear to be sim­ple. After all, there is no financ­ing, no title issues, no escrow.  In fact, an inex­pe­ri­enced single-family home land­lord and a less than qual­i­fied renter can get into plenty of trou­ble.  That’s why many home rentals are han­dled by real estate agents or, even bet­ter, by prop­erty man­age­ment com­pa­nies. They know how to qual­ify a renter with credit and back­ground checks, they use rental con­tracts designed to elim­i­nate mis­un­der­stand­ings and are in com­pli­ance with the law. Their ser­vice includes a walk-through with a detailed check list that cap­tures defects before move-in. They know to give the renter required infor­ma­tion on the dan­gers of lead paint and mold. They will de-commision that hot tub to avoid an acci­dent and elim­i­nate unnec­es­sary liabilty.

How many buyers in trouble did not use an agent?

Saturday, January 31st, 2009

ponzi-schemesYou’ve heard all you can stand about that Mad­off guy.  You’ve read about yet another Ponzi scheme, another fore­clo­sure fraud artist, another dis­hon­est bro­ker, agent, etc. You’re dis­gusted about cheats and liars large and small. So am I.

Black sheep are found in every pro­fes­sion. They seem to mul­ti­ply when oppor­tu­nites to cheat are on the rise. How­ever, oppor­tu­nity tempts not only pro­fes­sion­als but ama­teurs. And there are more ama­teurs than professionals.

When Seat­tle real estate was hot in 2005 and 2006 (it started to sim­mer down in August 2007) I missed out on a lot of busi­ness. Who needs an agent to sell a home when an ad on craigslist will bring crowds to the seller’s door? How many For-Sale-By-Owner deals went down with no real estate agent rep­re­sen­ta­tion for the buyer? How many buy­ers went straight to the list­ing agent in the hope of sav­ing some money?

How many more buy­ers used a rel­a­tive or friend with a real estate license just a few weeks old? How many peo­ple got a real estate license just to buy for them­selves and go into the flip­ping homes business?

How many of these do-it-yourself artists are now fac­ing fore­clo­sure?

Too bad there are no sta­tis­tics on this.

Relocating or Being Relocated?

Wednesday, July 23rd, 2008

The prospect of a new job in another coun­try or city can be excit­ing. The first move is to look for infor­ma­tion about the new city on the web. Often, that first move is made by the spouse or “sig­nif­i­cant other” who is not start­ing a new job but a whole new life in a new place. Nat­u­rally, ques­tions about hous­ing, neigh­bor­hoods, and home prices top the list. When there are chil­dren, edu­ca­tion is another pri­or­ity concern.

International Relocations

A Sense of Antic­i­pa­tion: We are mov­ing to Seattle!

The move may be months away but pic­tures of dis­tant homes for sale are being for­warded to rel­a­tives and friends. “Look where we could be liv­ing in Seat­tle!” Sev­eral real estate agents receive emails from what looks to them like a promis­ing prospect. “We are relo­cat­ing to Seat­tle; can you send us some more infor­ma­tion on this home?”

The Real­ity: the Transferee’s Relo­ca­tion is Being Outsourced.

Else­where, in the other world — the real world of cor­po­rate relo­ca­tion — com­pany poli­cies and pro­ce­dures on relo­ca­tion deter­mine what hap­pens next. The relo­ca­tion of an employee is an out­sourced activ­ity del­e­gated to a relo­ca­tion man­age­ment com­pany which han­dles every aspect of the relo­ca­tion and, most impor­tantly, the cost of the relocation.

The Real­ity: Relo­ca­tion is Expen­sive and Costs Need to be Managed.

Accord­ing to World­wide ERC (for­merly Employee Relo­ca­tion Coun­cil), the cur­rent, aver­age cost of a domes­tic relo­ca­tion was for:

  • Cur­rent Employee Home­owner $62,185
  • New Hire Home Owner $55,165
  • Cur­rent Employee Renter $18,365
  • New Hire Renter $16,177

Accord­ing to ERC, of the nearly 400,000 trans­fers gen­er­ated by ERC mem­ber com­pa­nies, 1/3 are new hires and 2/3 are cur­rent employ­ees and 54% are home own­ers while 46% are renters. (ERC pro­vides no data for inter­na­tional relo­ca­tions but we can safely assume that the costs are higher.)

Man­ag­ing the Cost Means Man­ag­ing the Transferee

It’s under­stand­able that relo­ca­tion man­age­ment com­pa­nies are charged by their cor­po­rate clients to man­age these costs. The sooner the trans­feree can become a pro­duc­tive employee the bet­ter. The less the trans­feree has to worry about logis­tics and life out­side work the more likely the trans­feree will be productive.

Thus, many relo­ca­tion man­age­ment com­pa­nies like Car­tus (for­merly known as Cen­dant) hire des­ti­na­tion con­sul­tant com­pa­nies like Full Cir­cle that ensure the smoothest pos­si­ble “set­tling in” of the trans­feree. When deal­ing with inter­na­tional relo­ca­tions the des­ti­na­tion con­sul­tants are deal­ing with visa issues, open­ing bank accounts and obtain­ing social secu­rity cards — activ­i­ties that require con­sid­er­able knowl­edge and exper­tise. In the end, this exper­tise ben­e­fits the trans­feree and saves the employer money.

Reduc­ing the Cost of Relo­ca­tion by Turn­ing an Expense into Income

If the relo­ca­tion involves real estate — sell­ing and/or buy­ing — relo­ca­tion costs are “shifted” from Car­tus and the cor­po­rate client, such as Microsoft, to com­pa­nies and indi­vid­u­als involved in the real estate transaction.

Here’s how it works. The relo­ca­tion man­age­ment com­pany works with select real estate bro­kers who assign agents to work with the trans­feree. For that priv­i­lege, the agent pays a refer­ral fee — up to 40% of the real estate com­mis­sion — to the relo­ca­tion man­age­ment com­pany. If the trans­feree sells and buys, this hap­pens twice.

Con­trol­ling the Process

In the case of Car­tus, the pre­ferred bro­kers are the ones that are owned by Real­ogy, the par­ent com­pany of Car­tus. The Real­ogy Fran­chise Group con­sists of well-known real estate com­pa­nies, includ­ing CENTURY 21® and Cold­well Banker®.

A link on the Realogy’s web­site leads to the Title Resource Group (TRG) which “…is a full-service title and set­tle­ment ser­vices com­pany” that …“serves real estate com­pa­nies, cor­po­ra­tions and finan­cial insti­tu­tions in sup­port of res­i­den­tial and com­mer­cial real estate transactions”…“TRG is a nation­ally man­aged fam­ily of com­pa­nies oper­at­ing under well-known, local brands.” On the fact sheet it says that “TRG is as an inte­gral part of the Car­tus Asset Recov­ery Pro­gram.” Expense recov­ery may be more accurate.

The Inter­net Inter­feres with the Process

Back to the begin­ning: the trans­feree and any “sig­nif­i­cant other” are intel­li­gent, internet-savvy indi­vid­u­als. They would like to have a say in the selec­tion of the real estate agent. To them the choice of neigh­bor­hood and schools should not be left to some­one cho­sen by cor­po­rate rela­tion­ships. The trans­feree may have found an agent who speaks her lan­guage and knows the dif­fer­ence between liv­ing in Munich and Seat­tle because the agent has lived there him­self. The trans­feree may also want to be the one to choose the mort­gage lender since this is a major finan­cial deci­sion which requires a great degree of trust which can only be found in a per­sonal rela­tion­ship. Nei­ther the pur­chase of a home nor the financ­ing should be treated as a commodity.

The Trans­feree Has a Choice

Many trans­fer­ees don’t know that they have a choice because the relo­ca­tion process is not as trans­par­ent as it should be. In most cases, all a trans­feree has to do is to make her/his desires known to the employer and/or the relo­ca­tion man­age­ment com­pany who then will have the transferee’s choice of broker/agent sign a refer­ral agree­ment. This agree­ment allows for part of the com­mis­sion to be paid back as a refer­ral fee at the clos­ing of the real estate transaction.

Pos­si­ble Conflicts

What if the broker/agent refuses to sign the agree­ment and the trans­feree insists on choos­ing the agent? What if the agent is a long-time friend of a trans­feree who is mov­ing to another city? Can the relo­ca­tion man­age­ment com­pany insist on the refer­ral fee “after the fact?”

Tor­tu­ous Inter­fer­ence and RESPA Issues

After-the-fact-referral-fees are not a recent issue. An arti­cle in Realty Times, pub­lished first in 2000, stated: “Tor­tu­ous inter­fer­ence is the inter­fer­ing by one real estate licensee [broker/agent] with a con­trac­tual rela­tion­ship between another real estate licensee [broker/agent] and their client. This is a vio­la­tion of license law in every state. This law is bro­ken every time a relo­ca­tion com­pany speaks with a trans­feree or the transferee’s agent about a refer­ral fee after a con­trac­tual rela­tion­ship has begun.”

The same arti­cle also raises con­cerns with RESPA — the Real Estate Set­tle­ment Pro­ce­dures Act: “…unjust enrich­ment is a RESPA law vio­la­tion and is reportable to the Depart­ment of HUD [Hous­ing and Urban Devel­op­ment). RESPA reg­u­la­tions are such that no fee can be charged, received or paid in a real estate trans­ac­tion with­out due cause. In other words, any fee charged must be earned and deserv­ing in order to be paid or received.”

Cen­tral­ized Man­age­ment vs Trans­feree Choice

The best relo­ca­tion prac­tice takes advan­tage of the valu­able ser­vices of relo­ca­tion com­pa­nies and experts while respect­ing the transferee’s right and desire for per­sonal ser­vice. If YOU have been trans­ferred, what has been YOUR experience?

Share it with oth­ers on SERENE where you will be heard and seen.

Gerhard's Haus

Distressed by Distressed Properties Law?

Sunday, June 15th, 2008

On June 12, the Wash­ing­ton State “Dis­tressed Prop­er­ties Law” took effect. That’s House Bill — HB 2791 If you have the time to plow through the bill, here’s the whole offi­cial mess as a PDF file. If you have a shorter atten­tion span, read the June 6 Press Release from the Wash­ing­ton Attor­ney Gen­eral.

Washington State Distressed Home Owner law

So, what’s the big deal, you ask.

Big deal because you, too, are a “Poten­tial Dis­tressed Home Owner” if you

  1. Are at risk of loss for non-payment of prop­erty taxes,
  2. in default under a mortgage,
  3. 30 days behind on mort­gage — OR
  4. believe that you could default on your mort­gage within 4 months and tell your lawyer, real estate agent, lender, mort­gage or credit coun­selor, etc.

The bill has many flaws,

such as point 4 in the list above, vague word­ing, and sweep­ing def­i­n­i­tions, but there are two major flaws worth not­ing. To be a Poten­tial Dis­tressed Home­owner you must be

  1. occu­py­ing the property,
  2. the prop­erty must be your pri­mary res­i­dence, and
  3. this prop­erty has from 1 to 4 res­i­den­tial units

Any­thing miss­ing here?

Yep, the Dis­tressed Prop­erty Law does not cover any build­ing with more than 4 units, which excludes almost every con­do­minium com­plex.

What makes this an impor­tant flaw, you ask? Well, the pur­pose of HB 2791 is to pro­tect res­i­den­tial prop­erty own­ers in Wash­ing­ton from those shady char­ac­ters who are prey­ing on the dis­tressed home owner. It is to pro­tect them from con artist who “skim equity” and “steal homes”.

Since a good num­ber of first-time-buyers buy con­dos and since some of them financed their dream with ques­tion­able mort­gages this leaves a whole lot of tar­gets for the scam artists to pur­sue.

The other major flaw

of the bill is that it does not exempt real estate agents. (In other states that passed sim­i­lar leg­is­la­tion, real estate agents are exempt,) It is not that real estate agents are nec­es­sar­ily bet­ter than the aver­age per­son, but they are already cov­ered under other leg­is­la­tion, namely RCW 18.86 which gov­erns real estate prac­tice.

The bill cre­ates a whole new pro­fes­sion: the “Dis­tressed Home Con­sul­tant.” That new label was meant to apply to legit­i­mate fore­clo­sure spe­cial­ists and scam artists. It now also applies to real estate agents. The bill does exempt oth­ers equally likely involved in real estate trans­ac­tions: lenders, mort­gage bro­kers and lawyers.

These two flaws may be major but this one beats both.

Each bill that becomes leg­is­la­tion includes a “Fis­cal Note” which states the esti­mated Fis­cal Impact of the bill — that’s the impact on the bud­get, I sup­pose. And since that bud­get is paid for by our taxes that means the fis­cal impact on you and me. Accord­ing to the math wiz­ards in Olympia, the Dis­tressed Prop­erty is esti­mated to have “No Fis­cal Impact.”

No Fis­cal Impact? Let me count the ways.

The bill has resulted in numer­ous rewrit­ten and newly printed real estate trans­ac­tion forms. It has already cre­ated and will cre­ate more con­fu­sion and waste of time for any­one involved in buy­ing and sell­ing a home. That includes all the afore­men­tioned poten­tial dis­tressed home own­ers. The worst and most costly impact of this bill will be this: Every sane real estate agent will stay miles away from any­body sus­pected of har­bor­ing thoughts of being a poten­tially dis­tressed home owner. The poten­tial lia­bil­ity to be sued is sim­ply too great. Ulti­mately, this bill may achieve the oppo­site results of what was intended: more fore­clo­sures and more bank­rupt­cies. The shady char­ac­ters meant to be deterred by this bill will find other ways to ply their trade. Most condo own­ers remain unpro­tected and should watch out.

Much has and will be writ­ten about this law.

Here’s how a real estate fore­clo­sure spe­cial­ist (now becom­ing my Dis­tressed Home Con­sul­tant col­league) views this bill. Your com­ments are welcome.

Seller Disclosure Statement: Form Fatale

Monday, May 19th, 2008

Seller Disclosure StatementAlmost as inevitable as death and taxes, the Wash­ing­ton Seller Dis­clo­sure State­ment is a sure thing when it comes to sell­ing res­i­den­tial prop­erty in Wash­ing­ton State. Form 17, as it is also called, looms large and larger.

Get­ting more com­plex over time.

The state leg­is­la­ture keeps adding and chang­ing Form 17. The last major change was in 2003. Sub­se­quent effec­tive dates and changes/additions per­tained to:

  • Jan­u­ary, 2005: sex offender in area
  • June, 2005: prox­im­ity to farms
  • June, 2006: farm prox­im­ity lan­guage changed
  • June, 2007: envi­ron­men­tal sec­tion added plus other major changes

Major changes include:

  • Def­i­n­i­tion and des­tinc­tion between improved and unim­proved res­i­den­tial property
  • Amends the exist­ing Form 17 used for “improved” property
  • New Seller Dis­clo­sure State­ment to be pro­vided to buyer of “unim­proved” prop­erty zoned for res­i­den­tial use
  • Lim­its a Buyer’s abil­ity to waive receipt of either form

Changes to sec­tions of the form include:

  • Sec­tion 6 – title of sec­tion changed from “Com­mon Inter­ests” to “Home­own­ers’ Association/Common Interests”.
  • Sec­tion 7 – title of sec­tion changed from “Gen­eral” to “Envi­ron­men­tal”. This sec­tion must be pro­vided to the Buyer, and receipt of this sec­tion can­not be waived by the Buyer, if the answer to any ques­tion in the sec­tion is “yes”.
  • Sec­tion 7(D) – replaces old ques­tions related to flood­ing with new ques­tion ask­ing about exis­tence of shore­lines, wet­lands, flood­plains, and crit­i­cal areas on the property.

Seller Disclosure StatementWho must pro­vide Form 17?

The require­ment is get­ting tougher. Not hav­ing occu­pied the premises is likely no longer a valid excuse. One excep­tion remains: when the owner has passed away.

What if the Seller does not pro­vide Form 17?

The buyer can walk away from the pur­chase just before clos­ing and get the earnest money back.

What’s the role of the real estate agent?

The agent can not assist the seller in fill­ing out the form. The buyer acknowl­edges this by sign­ing below a state­ment that reads: “…the dis­clo­sures made herein are those of the seller only, and not of any real estate licensee or other third party.”

Must agents dis­close what they learn from Form 17?

Once the Form 17 has been pro­vided to the buyer the answers become known to the real estate licensees rep­re­sent­ing the seller and the buyer. Hav­ing learned of mate­r­ial facts through Form 17, the real estate licensees must dis­close them.

I am not using an agent to sell my home. Do I need to pro­vide Form 17?

Absolutely.

If you are inter­ested in the details of the new con­tent and ratio­nale behind the changes to the Wash­ing­ton State Seller Dis­clo­sure State­ment, visit the Wash­ing­ton State leg­is­la­ture web­site (pdf file).

Gerhard\'s Haus

Is your Mortgage and Real Estate Professional licensed?

Wednesday, February 28th, 2007

Washington loan originator and real estate licenseNow we are both licensed. My wife, the “loan orig­i­na­tor” and I, the “real estate sales­per­son.” You can check for your­self at the Wash­ing­ton Depart­ment of Licens­ing Query Sys­tem. You can search for all kinds of licensed pro­fes­sion­als, from archi­tects to cos­me­tol­o­gists, and apprais­ers to embalmers and apprais­ers to real estate bro­kers and sales­per­sons (agents).

If you are look­ing for my wife you need to head over to the Wash­ing­ton State Depart­ment of Finan­cial Insti­tu­tions (DFI) and check the Licensee Data­base. Among the kind of sub­jects you can search are Invest­ment Com­pa­nies, Escrow Offi­cers, Mort­gage Bro­kers, and now also Loan Originators.

The photo mon­tage above shows the online search results for her and me (exclud­ing the pho­tos). She now works for Choice Lend­ing  in Bellevue.

It’s hard to believe but until Jan­u­ary 1, 2007 loan orig­i­na­tors did not have to be licensed in the State of Wash­ing­ton. Given the tremen­dous respon­si­bil­ity that comes with advis­ing some­one on financ­ing res­i­den­tial prop­erty, I think this change is for the bet­ter. Some cyn­ics may dis­agree. “The state’s just see­ing this as a way to col­lect more fees,” or “a licensed crook is still a crook” are some of the arguments.

I was told at a recent real estate work­shop that some loan orig­i­na­tors did not line up to be fin­ger­printed for the license because they would not pass the crim­i­nal back­ground check. Let’s hope the change to a licensed sta­tus keeps the worst out of the busi­ness. Let’s hope that mort­gage fraud will decrease proportionately.

Obvi­ously, hav­ing shared a cer­tain kind of license for 30 years, I could have told you that Frances Ann is hon­est, com­pe­tent, patient, superb at explain­ing things, detail-oriented, always cour­te­ous and charm­ing, but you may have pointed out that I was biased. Yes, I am. But I am also right. Just ask her. I am always right.

This blog has been updated Feb­ru­ary 7, 2008.

Seattle Real Estate - Ade House

Gerhard Ade
Ger­hard N Ade Real­tor®
Cold­well Banker Bain

Seattle Five Start Real Estate Agent

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