Pseudology.org


California Business and Professions Code. Division 4. Real Estate Part 1. Real Estate Regulations. Claim of Exemption From Securities Qualification
10237. This article applies only to the exemption from securities qualification claimed under Section 25102.5 of the Corporations Code. This article does not apply to any other exemption from securities qualification, including subdivision (e) of Section 25102 of the Corporations Code, that may be claimed without complying with this article, or to any permit to qualify the offer and sale of securities under the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code). Any transaction that involves the sale of or offer to sell a series of notes secured directly by interests in one or more parcels of real property, or the sale of undivided interests in a note secured directly by one or more parcels of real property equivalent to a series transaction, shall comply with all of the provisions of this article. 10238. (a) A notice in the following form and containing the following information shall be filed with the Commissioner within 30 days after the first transaction and within 30 days of any material change in the information required in the notice: TO: Real Estate Commissioner Mortgage Loan Section 2201 Broadway Sacramento, CA 95818 This notice is filed pursuant to Sections 10237 and 10238 of the Business and Professions Code. ( ) Original Notice ( ) Amended Notice 1. Name of Broker conducting transaction under Section 10237: ______________________________________________ 2. Broker License identification number: ________ 3. List the month the fiscal year ends: _________ 4. Broker's telephone number: ___________________ 5. Firm name (if different from "1): ______________________________________________ 6. Street address (main location): _______________________________________ # and Street City State ZIP _____ Code 7. Mailing address (if different from "6): ______________________________________________ 8. Servicing Agent: Identify by name, address, and telephone number the person or entity who will act as the servicing Agent in transactions pursuant to Section 10237 (including the undersigned Broker if that is the case): ______________________________________________ ______________________________________________ 9. Total number of multilender notes arranged: __ 10. Total number of interests sold to investors on the multilender's notes: _________________________ 11. Inspection of Trust account (before answering this question, review the provisions of paragraph (3) of subdivision (k) of Section 10238). CHECK ONLY one of the following: ( ) The undersigned Broker is (or expects to be) required to file reports of inspection of its Trust account(s) with the Real Estate Commissioner pursuant to paragraph (3) of subdivision (k) of Section 10238. Amount of Multilender Payments Collected Last Fiscal Quarter: __________________________________ Total Number of Investors Due Payments Last Fiscal Quarter: __________________________________ ( ) The undersigned Broker is NOT (or does NOT expect to be) required to file reports of inspection of its Trust account(s) with the Real Estate Commissioner pursuant to paragraph (3) of subdivision (k) of Section 10238. 12. Signature. The contents of this notice are true and correct. ____________ _________________________________ Date Type Name of Broker _________________________________ Signature of Broker or of Designated Officer of Corporate Broker _________________________________ Type Name of Person(s) Signing This Notice NOTE: AN AMENDED NOTICE MUST BE FILED BY THE Broker WITHIN 30 DAYS OF ANY MATERIAL CHANGE IN THE INFORMATION REQUIRED TO BE SET FORTH HEREIN. (b) A Broker or person who becomes the servicing Agent for notes or interest sold pursuant to this article, upon which payments due during any period of three consecutive months in the aggregate exceed one hundred twenty-five thousand dollars ($125,000) or the number of persons entitled to the payments exceeds 120, shall file the notice required by subdivision (a) with the Commissioner within 30 days after becoming the servicing Agent. (c) All advertising employed for transactions under this article shall show the name of the Broker and comply with Section 10235 and Sections 260.302 and 2848 of Title 10 of the California Code of Regulations. Brokers and their Agents are cautioned that a reference to a prospective investor that a transaction is conducted under this article may be deemed misleading or deceptive if this representation may reasonably be construed by the investor as an implication of merit or approval of the transaction. (d) Each parcel of real property directly securing the notes or interests shall be located in this state, the note or notes shall not by their terms be subject to subordination to any subsequently created deed of Trust upon the real property, and the note or notes shall not be promotional notes secured by Liens on separate parcels of real property in one subdivision or in contiguous subdivisions. For purposes of this subdivision, a promotional note means a promissory note secured by a Trust deed, executed on unimproved real property or executed after construction of an improvement of the property but before the first purchase of the property as so improved, or executed as a means of financing the first purchase of the property as so improved, that is subordinate, or by its terms may become subordinate, to any other Trust deed on the property. However, the term "promotional note" does not include either of the following: (1) A note that was executed in excess of three years prior to being offered for sale. (2) A note secured by a first Trust deed on real property in a subdivision that evidences a Bona fide Loan made in connection with the financing of the usual cost of the development in a residential, commercial, or industrial building or buildings on the property under a written agreement providing for the disbursement of the Loan funds as costs are incurred or in relation to the progress of the work and providing for title Insurance ensuring the priority of the security as against mechanic's and materialmen's Liens or for the final disbursement of at least 10 percent of the Loan funds after the expiration of the period for the filing of mechanic's and materialmen' s Liens. (e) The notes or interests shall be sold by or through a real estate Broker, as Principal or Agent. At the time the interests are originally sold or assigned, neither the Broker nor an affiliate of the Broker shall have an interest as owner, lessor, or developer of the property securing the Loan, or any contractual right to acquire, lease, or develop the property securing the Loan. This provision does not prohibit a Broker from conducting the following transactions if, in either case, the disclosure statement furnished by the Broker pursuant to subdivision (l) discloses the interest of the Broker or affiliate in the transaction and the circumstances under which the Broker or affiliate acquired the interest: (1) A transaction in which the Broker or an affiliate of the Broker is acquiring the property pursuant to a foreclosure under, or sale pursuant to, a deed of Trust securing a note for which the Broker is the servicing Agent or that the Broker sold to the holder or holders. (2) A transaction in which the Broker or an affiliate of the Broker is reselling from inventory property acquired by the Broker pursuant to a foreclosure under, or sale pursuant to, a deed of Trust securing a note for which the Broker is the servicing Agent or that the Broker sold to the holder or holders. (f) (1) The notes or interests shall not be sold to more than 10 persons, each of whom meets one or both of the qualifications of income or net worth set forth below and signs a statement, which shall be retained by the Broker for four years, conforming to the following: Transaction Identifier:__________________________ Name of Purchaser:_____________________ Date:____ Check either one of the following, if true: ( ) My investment in the transaction does not exceed 10% of my net worth, exclusive of home, furnishings, and automobiles. ( ) My investment in the transaction does not exceed 10% of my adjusted gross income for federal income tax purposes for my last tax year or, in the alternative, as estimated for the current year. _________________ Signature (2) The number of offerees shall not be considered for the purposes of this section. (3) A husband and wife and their dependents, and an individual and his or her dependents, shall be counted as one person. (4) A retirement plan, Trust, business Trust, corporation, or other entity that is wholly owned by an individual and the individual' s spouse or the individual's dependents, or any combination thereof, shall not be counted separately from the individual, but the investments of these entities shall be aggregated with those of the individual for the purposes of the statement required by paragraph (1). If the investments of any entities are required to be aggregated under this subdivision, the adjusted gross income or net worth of these entities may also be aggregated with the net worth, income, or both, of the individual. (5) The "institutional investors" enumerated in subdivision (i) of Section 25102 or subdivision (c) of Section 25104 of the Corporations Code, or in a rule adopted pursuant thereto, shall not be counted. (6) A partnership, limited Liability company, corporation, or other organization that was not specifically formed for the purpose of purchasing the security offered in reliance upon this exemption from securities qualification is counted as one person. (g) The notes or interests of the purchasers shall be identical in their underlying terms, including the right to direct or require foreclosure, rights to and rate of interest, and other incidents of being a lender, and the sale to each purchaser pursuant to this section shall be upon the same terms, subject to adjustment for the face or Principal amount or percentage interest purchased and for interest earned or accrued. This subdivision does not preclude different selling prices for interests to the extent that these differences are reasonably related to changes in the market value of the Loan occurring between the sales of these interests. The interest of each purchaser shall be recorded pursuant to subdivisions (a) to (c), inclusive, of Section 10234. (h) (1) Except as provided in paragraph (2), the aggregate Principal amount of the notes or interests sold, together with the unpaid Principal amount of any encumbrances upon the real property senior thereto, shall not exceed the following percentages of the current market value of each parcel of the real property, as determined in writing by the Broker or appraiser pursuant to Section 10232.6, plus the amount for which the payment of Principal and interest in excess of the percentage of current market value is insured for the benefit of the holders of the notes or interests by an insurer admitted to do business in this state by the Insurance Commissioner: (a) Single-family residence, owner occupied .............................. 80% (b) Single-family residence, not owner occupied .............................. 75% (c) Commercial and income-producing properties ............................ 65% (d) Single-family residentially zoned lot or parcel which has installed offsite improvements including drainage, curbs, gutters, sidewalks, paved roads, and utilities as mandated by the political subdivision having jurisdiction over the lot or parcel ............................. 65% (e) Land that has been zoned for (and if required, approved for subdivision as) commercial or residential development ............... 50% (F) Other real property ................... 35% (2) The percentage amounts specified in paragraph (1) may be exceeded when and to the extent that the Broker determines that the encumbrance of the property in excess of these percentages is reasonable and prudent considering all relevant factors pertaining to the real property. However, in no event shall the aggregate Principal amount of the notes or interests sold, together with the unpaid Principal amount of any encumbrances upon the property senior thereto, exceed 80 percent of the current fair market value of improved real property or 50 percent of the current fair market value of unimproved real property, except in the case of a single-family zoned lot or parcel as defined in paragraph (1), which shall not exceed 65 percent of the current fair market value of that lot or parcel, plus the amount insured as specified in paragraph (1). A written statement shall be prepared by the Broker that sets forth the material considerations and facts that the Broker relies upon for his or her determination, which shall be retained as a part of the Broker's record of the transaction. Either a copy of the statement or the information contained therein shall be included in the disclosures required pursuant to subdivision (l). (3) A copy of the appraisal or the Broker's evaluation, for each parcel of real property securing the notes or interests, shall be delivered to each purchaser. The Broker shall advise purchasers of their right to receive a copy. For purposes of this paragraph, "appraisal" means a written estimate of value based upon the assembling, analyzing, and reconciling of facts and value indicators for the real property in question. A Broker shall not purport to make an appraisal unless the person so employed is qualified on the basis of special training, preparation, or experience. (4) For construction or rehabilitation Loans, the term "current market value" may be deemed to be the value of the completed project if the following safeguards are met: (a) An independent neutral third-party Escrow holder is used for all deposits and disbursements. (b) The Loan is fully funded, with the entire Loan amount to be deposited in Escrow prior to recording of the deed or deeds of Trust. (c) A comprehensive, detailed, draw schedule is used to ensure proper and timely disbursements to allow for completion of the project. (d) The disbursement draws from the Escrow account are based on verification from an independent qualified person who certifies that the work completed to date meets the related codes and standards and that the draws were made in accordance with the construction contract and draw schedule. For purposes of this subparagraph, "independent qualified person" means a person who is not an employee, Agent, or affiliate of the Broker and who is a Licensed architect, general contractor, structural engineer, or active local government building inspector acting in his or her official capacity. (e) An appraisal is completed by a qualified and Licensed appraiser in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). (F) In addition to the transaction documentation required by subdivision (i), the documentation shall include a detailed description of actions that may be taken in the event of a failure to complete the project, whether that failure is due to default, insufficiency of funds, or other causes. (G) The entire amount of the Loan does not exceed two million five hundred thousand dollars ($2,500,000). (5) If a note or an interest will be secured by more than one parcel of real property, for the purpose of determining the maximum amount of the note or interest, each security property shall be assigned a portion of the note or interest which shall not exceed the percentage of current market value determined by, and in accordance with, the provisions of paragraphs (1) and (2). (i) The documentation of the transaction shall require that (1) a default upon any interest or note is a default upon all interests or notes and (2) the holders of more than 50 percent of the recorded beneficial interests of the notes or interests may govern the actions to be taken on behalf of all holders in accordance with Section 2941.9 of the Civil Code in the event of default or foreclosure for matters that require direction or approval of the holders, including designation of the Broker, servicing Agent, or other person acting on their behalf, and the sale, encumbrance, or lease of real property owned by the holders resulting from foreclosure or receipt of a deed in lieu of foreclosure. The terms called for by this subdivision may be included in the deed of Trust, in the assignment of interests, or in any other documentation as is necessary or appropriate to make them binding on the parties. (j) (1) The Broker shall not accept any purchase or Loan funds or other consideration from a prospective lender or purchaser, or directly or indirectly cause the funds or other consideration to be deposited in an Escrow or Trust account, except as to a specific Loan or note secured by a deed of Trust that the Broker owns, is authorized to negotiate, or is unconditionally obligated to buy. (2) All funds received by the Broker from the purchasers or lenders shall be handled in accordance with Section 10145 for disbursement to the persons thereto entitled upon recordation of the interests of the purchasers or lenders in the note and deed of Trust. No provision of this article shall be construed as modifying or superseding applicable law regulating the Escrow holder in any transaction or the handling of the Escrow account. (3) The books and records of the Broker or servicing Agent, or both, shall be maintained in a manner that readily identifies transactions under this article and the receipt and disbursement of funds in connection with these transactions. (4) If required by paragraph (3) of subdivision (k), the review by the independent certified public accountant shall include a sample of transactions, as reflected in the records of the Trust account required pursuant to paragraph (1) of subdivision (k), and the bank statements and supporting documents. These documents shall be reviewed for compliance with this article with respect to the handling and distribution of funds. The sample shall be selected at random by the accountant from all these transactions and shall consist of the following: (a) three sales made or 5 percent of the sales made pursuant to this article during the period for which the examination is conducted, whichever is greater, and (b) 10 payments processed or 2 percent of payments processed under this article during the period for which the examination is conducted, whichever is greater. (5) For the purposes of this subdivision, the transaction that constitutes a "sale" is the series of transactions by which a series of notes of a maker, or the interests in the note of a maker, are sold or issued to their various purchasers under this article, including all receipts and disbursements in that process of funds received from the purchasers or lenders. The transaction that constitutes a "payment," for the purposes of this subdivision, is the receipt of a payment from the person obligated on the note or from some other person on behalf of the person so obligated, including the Broker or servicing Agent, and the distribution of that payment to the persons entitled thereto. If a payment involves an advance paid by the Broker or servicing Agent as the result of a dishonored check, the inspection shall identify the source of funds from which the payment was made or, in the alternative, the steps that are reasonably necessary to determine that there was not a disbursement of Trust funds. The accountant shall inspect for compliance with the following specific provisions of this section: paragraphs (1), (2), and (3) of subdivision (j) and paragraphs (1) and (2) of subdivision (k). (6) Within 30 days of the close of the period for which the report is made, or within any additional time as the Commissioner may in writing allow in a particular case, the accountant shall forward to the Broker or servicing Agent, as the case may be, and to the Commissioner, the report of the accountant, stating that the inspection was performed in accordance with this section, listing the sales and the payments examined, specifying the nature of the deficiencies, if any, noted by the accountant with respect to each sale or payment, together with any further information as the accountant may wish to include, such as corrective steps taken with respect to any deficiency so noted, or stating that no deficiencies were observed. If the Broker meets the threshold criteria of Section 10232, the report of the accountant shall be submitted as part of the quarterly reports required under Section 10232.25. (k) The notes or interests shall be sold subject to a written agreement that obligates a Licensed real estate Broker, or a person exempted from the licensing requirement for real estate brokers under this chapter, to act as Agent for the purchasers or lenders to service the note or notes and deed of Trust, including the receipt and transmission of payments and the institution of foreclosure proceedings in the event of a default. A copy of this servicing agreement shall be delivered to each purchaser. The Broker shall offer to the lenders or purchasers the services of the Broker or one or more affiliates of the Broker, or both, as servicing Agent for each transaction conducted pursuant to this article. The agreement shall require all of the following: (1) (a) That payments received on the note or notes be deposited immediately to a Trust account maintained in accordance with this section and with the provisions for Trust accounts of Licensed real estate brokers contained in Section 10145 and Article 15 (commencing with Section 2830.1) of Chapter 6 of Title 10 of the California Code of Regulations. (b) That payments deposited pursuant to subparagraph (a) shall not be commingled with the assets of the servicing Agent or used for any transaction other than the transaction for which the funds are received. (2) That payments received on the note or notes shall be transmitted to the purchasers or lenders pro rata according to their respective interests within 25 days after receipt thereof by the Agent. If the source for the payment is not the maker of the note, the Agent shall inform the purchasers or lenders in writing of the source for payment. A Broker or servicing Agent who transmits to the purchaser or lenders the Broker's or servicing Agent's own funds to cover payments due from the borrower but unpaid as a result of a dishonored check may recover the amount of the advances from the Trust fund when the past due payment is received. However, this article does not authorize the Broker, servicing Agent, or any other person to issue, or to engage in any practice constituting, any guarantee or to engage in the practice of advancing payments on behalf of the borrower. (3) If the Broker or person who is or becomes the servicing Agent for notes or interests sold pursuant to this article upon which the payments due during any period of three consecutive months in the aggregate exceed one hundred twenty-five thousand dollars ($125,000) or the number of persons entitled to the payments exceeds 120, the Trust account or accounts of that Broker or affiliate shall be inspected by an independent certified public accountant at no less than three-month intervals during the time the volume is maintained. Within 30 days after the close of the period for which the review is made, the report of the accountant shall be forwarded as provided in paragraph (6) of subdivision (j). If the Broker is required to file an annual report pursuant to subdivision (o) or pursuant to Section 10232.2, the quarterly report pursuant to this subdivision need not be filed for the last quarter of the year for which the annual report is made. For the purposes of this subdivision, an affiliate of a Broker is any person controlled by, controlling, or under common control with the Broker. (4) Unless the servicing Agent will receive notice pursuant to Section 2924b of the Civil Code, the servicing Agent shall file a written request for notice of default upon any prior encumbrances and promptly notify the purchasers or lenders of any default on the prior encumbrances or on the note or notes subject to the servicing agreement. (5) The servicing Agent shall promptly forward copies of the following to each purchaser or lender: (a) Any notice of trustee sale filed on behalf of the purchasers or lenders. (b) Any request for reconveyance of the deed of Trust received on behalf of the purchasers or lenders. (l) The Broker shall disclose in writing to each purchaser or lender the material facts concerning the transaction on a disclosure form adopted or approved by the Commissioner pursuant to Section 10232.5, subject to the following: (1) The disclosure form shall include a description of the terms upon which the note and deed of Trust are being sold, including the terms of the undivided interests being offered therein, including the following: (a) In the case of the sale of an existing note: (i) The aggregate sale price of the note. (ii) The percent of the premium over or discount from the Principal balance plus accrued but unpaid interest. (iii) The effective rate of return to the purchasers if the note is paid according to its terms. (iv) The name and address of the Escrow holder for the transaction. (v) A description of, and the estimated amount of, each cost payable by the seller in connection with the sale and a description of, and the estimated amount of, each cost payable by the purchasers in connection with the sale. (b) In the case of the origination of a note: (i) The name and address of the Escrow holder for the transaction. (ii) The anticipated closing date. (iii) A description of, and the estimated amount of, each cost payable by the borrower in connection with the Loan and a description of, and the estimated amount of, each cost payable by the lenders in connection with the Loan. (c) In the case of a transaction involving a note or interest secured by more than one parcel of real property, in addition to the requirements of subparagraphs (a) and (b): (i) The address, description, and estimated fair market value of each property securing the Loan. (ii) The amount of the available equity in each property securing the Loan after the Loan amount to be apportioned to each property is assigned. (iii) The Loan to value percentage for each property after the Loan amount to be apportioned to each property is assigned pursuant to subdivision (h). (2) A copy of the written statement or information contained therein, as required by paragraph (2) of subdivision (h), shall be included in the disclosure form. (3) Any interest of the Broker or affiliate in the transaction, as described in subdivision (e), shall be included with the disclosure form. (4) When the particular circumstances of a transaction make information not specified in the disclosure form material or essential to keep the information provided in the form from being misleading, and the other information is known to the Broker, the other information shall also be provided by the Broker. (5) If more than one parcel of real property secures the notes or interests, the disclosure form shall also fully disclose any risks to investors associated with securing the notes or interests with multiple parcels of real property. (m) The Broker or servicing Agent shall furnish any purchaser of a note or interest, upon request, with the names and addresses of the purchasers of the other notes or interests in the Loan. (n) No agreement in connection with a transaction covered by this article shall grant to the real estate Broker, the servicing Agent, or any affiliate of the Broker or Agent the option or election to acquire the interests of the purchasers or lenders or to acquire the real property securing the interests. This subdivision shall not prohibit the Broker or affiliate from acquiring the interests, with the consent of the purchasers or lenders whose interests are being purchased, or the property, with the written consent of the purchasers or lenders, if the consent is given at the time of the acquisition. (o) Each Broker who conducts transactions under this article, or Broker or person who becomes the servicing Agent for notes or interest sold pursuant to this article, who meets the criteria of paragraph (3) of subdivision (k) shall file with the Commissioner an annual report of a review of its Trust account. The report shall be prepared and filed in accordance with subdivision (a) of Section 10232.2 and the rules and procedures thereunder of the Commissioner. That report shall cover the Broker's transactions under this article and, if the Broker also meets the threshold criteria set forth in Section 10232, the Broker's transactions subject to that section shall be included as well. (p) Each Broker conducting transactions pursuant to this article, or Broker or person who becomes the servicing Agent for notes or interest sold pursuant to this article, who meets the criteria of paragraph (3) of subdivision (k) shall file with the Commissioner a report of the transactions that is prepared in accordance with subdivision (c) of Section 10232.2. If the Broker also meets the threshold criteria of Section 10232, the report shall include the transactions subject to that section as well. This report shall be confidential pursuant to subdivision (f) of Section 10232.2. 10239. The jurisdiction of the Commissioner of Corporations under the Corporate Securities Law of 1968 shall be neither limited nor expanded by this article. Nothing in this article shall be construed to supersede or restrict the application of the Corporate Securities Law of 1968. A transaction under this article shall not be construed to be a transaction involving the issuance of securities subject to authorization by the Real Estate Commissioner under subdivision (e) of Section 25100 of the Corporations Code. 10239.1. Nothing in this article shall be construed to change the Agency relationships between the parties where they exist or limit in any manner the fiduciary duty of brokers to borrowers, lenders, and purchasers of notes or interests in transactions subject to this article. 10239.2. For the purposes of this article, the following definitions shall apply: (a) "Broker" means a person Licensed as a Broker under this part. (b) "Affiliate" means a person controlled by, controlling, or under common control with, the Broker. (c) "Servicing Agent" means the real estate Broker or person exempted from the licensing requirements for real estate brokers under this chapter, to act as Agent for the purchasers or lenders to service the notes and deeds of Trust, including the handling the receipt and transmission of payments and the institution of foreclosure proceedings in the event of a default. (d) Except as provided in paragraph (5) of subdivision (j) of Section 10238, the terms "sale" and "offer to sell," shall have the same meaning as set forth in Section 25017 of the Corporations Code and include the acts of negotiating and arranging the transaction. 10239.3. (a) If any person other than a real estate Broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article, the provisions of this article and of any regulation or order issued under this section shall apply to the person with respect to the performance of those services and with respect to those books, accounts, and other records to the same extent as if the person were the Broker. (b) If any person other than an affiliate of a Broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article, or in the case of an affiliate other than a parent or subsidiary of the Broker, the provisions of this article and of any regulation or order issued under this article shall apply to the person with respect to those books, accounts, and other records to the same extent as if the person were the affiliate. 10240. (a) Every real estate Broker, upon acting within the meaning of subdivision (d) of Section 10131, who negotiates a Loan to be secured directly or collaterally by a Lien on real property shall, within three business days after receipt of a completed written Loan application or before the borrower becomes obligated on the note, whichever is earlier, cause to be delivered to the borrower a statement in writing, containing all the information required by Section 10241. It shall be personally signed by the borrower and by the real estate Broker negotiating the Loan or by a real estate Licensee acting for the Broker in negotiating the Loan. When so executed, an exact copy thereof shall be delivered to the borrower at the time of its execution. The real estate Broker negotiating the Loan shall retain on file for a period of three years a true and correct copy of the statement as signed by the borrower. No real estate Licensee shall permit the statement to be signed by a borrower if any information required by Section 10241 is omitted. (b) For the purposes of applying the provisions of this article, a real estate Broker is acting within the meaning of subdivision (d) of Section 10131 if he or she solicits borrowers, or causes borrowers to be solicited, through express or implied representations that the Broker will act as an Agent in arranging a Loan, but in fact makes the Loan to the borrower from funds belonging to the Broker. (c) In a federally regulated residential Mortgage Loan transaction in which the Principal Loan amount exceeds the Principal Loan levels set forth in Section 10245, a real estate Broker satisfies the requirements of this section if the borrower receives (1) a "good faith estimate" that satisfies the requirements of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C.A. 2601 et seq.), and that sets forth the Broker's real estate License number and a clear and conspicuous statement on the face of the document stating that the "good faith estimate" does not constitute a Loan commitment, (2) all applicable disclosures required by the Truth in Lending Act (15 U.S.C.A. 1601 et seq.), and (3) if the Loan contains a balloon payment provision, the disclosure described in subdivision (h) of Section 10241, the balloon disclosure required for that Loan by Fannie Mae or Freddie Mac, or an alternative disclosure determined by the Commissioner to satisfy the requirements of the Truth in Lending Act. Prior to becoming obligated on the Loan the borrower shall acknowledge, in writing, receipt of the "good faith estimate" and all applicable disclosures required by the Truth in Lending Act. The real estate Broker shall retain on file for a period of three years a true and correct copy of the signed acknowledgment and a true and correct copy of the "good faith estimate" and all applicable disclosures required by the Truth in Lending Act as acknowledged by the borrower. 10240.1. The provisions of this article, exclusive of the provisions of Section 10240, apply only to Loans secured by a dwelling. 10240.2. As used in this article, " dwelling" means any of the following units which are owned by a signatory to the mortgage or deed of Trust secured by the dwelling unit at the time of execution of the mortgage or deed of Trust: (a) A single dwelling unit in a condominium or cooperative. (b) Any parcel containing only residential buildings if the total number of units on the parcel is four or less. 10240.3. (a) The Commissioner shall apply the guidance on nontraditional mortgage product risks published on November 14, 2006, by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, and the Statement on Subprime Mortgage Lending published on July 17, 2007, by the aforementioned entities and the National Association of Consumer Credit Administrators, to real estate brokers acting within the meaning of Section 10131.1 or subdivision (d) of Section 10131. (b) The Commissioner may adopt emergency and final regulations to clarify the application of this section as soon as possible. (c) A real estate Broker acting within the meaning of Section 10131.1 or subdivision (d) of Section 10131 shall adopt and adhere to policies and procedures that are reasonably intended to achieve the objectives set forth in the documents described in subdivision (a). 10241. The statement required by Section 10240, the form of which shall be approved by the Commissioner, shall set forth separately the following items: (a) The estimated maximum costs and expenses of making the Loan, which are to be paid by the borrower, including but not limited to the following: (1) Appraisal fees. (2) Escrow fees. (3) Title charges. (4) Notary fees. (5) Recording fees. (6) Credit investigation fees. If a real estate Licensee performs or is to perform any of the services for which costs and expenses are disclosed pursuant to this subdivision, the Licensee shall be entitled to those costs and expenses in addition to the charges specified in subdivision (b). (b) The total of the brokerage or commissions contracted for, or to be received by, the real estate Broker for services performed as an Agent in negotiating, procuring, or arranging the Loan or the total of Loan origination fees, points, bonuses, and other charges in lieu of interest to be received by the Broker if he or she elects to act as a lender rather than Agent in the transaction. (c) Any Liens against the real property, as disclosed by the borrower, the approximate amount thereof, and whether each Lien will remain senior, or will be subordinate, to the Lien that will secure the Loan. (d) The estimated amounts to be paid on the order of the borrower, as disclosed by the borrower, including, but not limited to: (1) Fire Insurance premiums. (2) Amounts due on prior Liens, including interest or other charges arising in connection with the payment, release, reconveyance, extinction, or other removal of record of the prior Liens. (3) Amounts due other creditors. (4) Assumption, transfer, forwarding, and beneficiary statement fees. (e) The estimated balance of the Loan funds to be paid to the borrower after deducting the total of amounts disclosed pursuant to subdivisions (a), (b), and (d). (f) The Principal amount of the Loan. (g) The rate of interest. (h) The term of the Loan, the number of installments, the amount of each installment, and the approximate balance due at maturity, and the following notice in 10-point bold typeface: "NOTICE TO BORROWER: IF YOU DO NOT HAVE THE FUNDS TO PAY THE BALLOON PAYMENT WHEN IT COMES DUE, YOU MAY HAVE TO OBTAIN A NEW Loan AGAINST YOUR PROPERTY TO MAKE THE BALLOON PAYMENT. IN THAT CASE, YOU MAY AGAIN HAVE TO PAY COMMISSIONS, FEES, AND EXPENSES FOR THE ARRANGING OF THE NEW Loan. IN ADDITION, IF YOU ARE UNABLE TO MAKE THE MONTHLY PAYMENTS OR THE BALLOON PAYMENT, YOU MAY LOSE THE PROPERTY AND ALL OF YOUR EQUITY THROUGH FORECLOSURE. KEEP THIS IN MIND IN DECIDING UPON THE AMOUNT AND TERMS OF THIS Loan". (i) A statement containing the name of the real estate Broker negotiating the Loan, his or her License number, and the address of his or her Licensed place of business. (j) If the Broker anticipates that the Loan to the borrower may be made wholly or in part from Broker-controlled funds, a statement to that effect. For purposes of this section, "Broker-controlled funds" means funds owned by the Broker, by a spouse, child, parent, grandparent, brother, sister, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the Broker, or by any entity in which the Broker alone or together with any of the above relatives of the Broker has an ownership interest of 10 percent or more. (k) The terms of prepayment privileges and penalties, if any. (l) A statement that the purchase of credit or credit disability Insurance is not required as a condition for the making of the Loan. (m) If the Loan is one that is within the limits specified in Section 10245, a certification by the real estate Licensee negotiating the Loan that the Loan is being made in compliance with the provisions of this article. 10241.1. (a) The purchase of credit life Insurance on the life of the borrower or credit disability Insurance to provide indemnity for payments becoming due on the indebtedness shall not be required as a condition of making a Loan under this article. (b) The Licensee may provide through duly Licensed Agents, and collect from the borrower the costs of purchasing, credit life Insurance on the life of a borrower and credit disability Insurance to provide indemnity for payments becoming due on the indebtedness, with the borrower's consent. The form and rate of the Insurance shall be approved by the Insurance Commissioner, as provided in Section 779.9 of the Insurance Code. The Insurance shall be in an amount not in excess of that reasonably necessary to discharge the obligation of the borrower, and for a term not exceeding the term of the Loan. Only one premium for credit disability Insurance may be collected by the Licensee in connection with any Loan contract irrespective of the number of borrowers, and only one borrower may be insured, except that where more than one borrower is a party to a Loan contract and each borrower is a wage earner whose earnings are reasonably relied upon by the lender for the repayment of the Loan, each borrower may be insured. (c) The Licensee may collect from the borrower the costs of purchasing fire and hazard Insurance on the property offered as security for a Loan in order to reasonably insure against loss for a reasonable term considering the circumstances of the Loan, (1) if the policy or policies of Insurance are made payable to the borrower or any member of his or her family, regardless of whether a customary mortgagee clause is attached, and (2) if the Insurance is sold at standard rates through duly Licensed Agents. (d) If premiums for any Insurance provided under this section are to be paid from the proceeds of the Loan, any amount so paid and any commission under subdivision (b) of Section 10242 attributable to borrowing that amount, shall not be considered in determining whether the Loan is exempt from this article under Section 10245. 10241.2. If the Broker elects to make a Loan subject to Section 10240 which consists wholly or in part of Broker-controlled funds as defined in subdivision (j) of Section 10241, the Broker shall advise the borrower of that fact not later than the next business day after making the election, but in any event before the close of Escrow of the Loan transaction. 10241.3. In any Loan transaction in which a fee is charged to a borrower for an appraisal of the real property that will serve as security for the Loan, a copy of the appraisal report shall be given by or on behalf of the Broker to both the borrower and the lender at or before the closing of the Loan transaction. 10241.4. (a) Prior to a borrower becoming obligated on any Loan secured by a dwelling that provides for a balloon payment and is otherwise subject to Section 10240, if any agreement includes a promise, representation, or similar undertaking to extend or seek the extension of the term of the Loan or refinancing of the Loan, and the undertaking is not set forth in the promissory note evidencing the Loan or in a rider to that note, the undertaking shall be in writing and the notice required by this section shall be provided to the borrower. (b) The notice required by subdivision (a), shall state in at least 10-point boldface capitalized type: "AS THIS Loan PROVIDES FOR A BALLOON PAYMENT, SEE THE Mortgage Loan DISCLOSURE STATEMENT/GOOD FAITH ESTIMATE FOR IMPORTANT INFORMATION ON BALLOON PAYMENTS. ALSO, REFER TO THE Loan DOCUMENTS AND THIS EXTENSION AGREEMENT FOR YOUR SPECIFIC RIGHTS AND OBLIGATIONS". (c) The notice shall also contain, in at least 10-point boldface capitalized type, either of the following statements depending upon which statement best describes the nature of the undertaking: (1) The lender or noteholder has agreed to an extension, refinancing, or renegotiation of the terms of this Loan, and the lender's or noteholder's signed agreement is attached (or the notice may describe the method used to furnish that signed document). Transmission by a Broker of a lender's or noteholder's undertaking or the Broker's representation of that undertaking, pursuant to this section, does not of itself, create or alter any Agency or similar relationship between the lender or noteholder and the borrower, or the lender or noteholder and the Broker. (2) The Broker, ____ (insert name of Broker making or arranging the Loan), has agreed to use his or her best efforts to obtain a future extension, refinancing, or renegotiation of the Loan by the lender or note owner. There can be no assurance or guarantee that the lender or note owner will agree. 10242. The maximum amount of expenses, charges and interest to be paid by a borrower with respect to any Loan subject to this article shall be as follows: (a) The maximum amount of all costs and expenses referred to in subdivision (a) of Section 10241, exclusive of actual title charges and recording fees, shall not exceed 5 percent of the Principal amount of the Loan or three hundred ninety dollars ($390), whichever is greater but in no event to exceed seven hundred dollars ($700), provided that in no event shall said maximum amount exceed actual costs and expenses paid, incurred or reasonably earned. (b) The maximum amount of the charges referred to in subdivision (b) of Section 10241 shall not exceed the following amounts: (1) In the case of a Loan secured directly or collaterally, in whole or in part by a first Trust deed, 5 percent of the Principal amount of the Loan where the term of the Loan is a period of less than three years and 10 percent where the term is a period of three years or more. (2) In the case of a Loan secured directly or collaterally by a Trust deed other than a first Trust deed, 5 percent of the Principal amount of the Loan where the term of the Loan is a period of less than two years, 10 percent where the term is a period of two years but less than three years, and 15 percent where the term is a period of three years or more. (3) With respect to a further advance on a note, the charges shall not exceed the charges for an original Loan in the same amount as the further advance and made for a term equal to the remaining term of the note on which the further advance is being made, including any extension thereof. (c) No interest may be charged with respect to any period prior to the date that the proceeds of the Loan are made available to the borrower or are deposited in Escrow. 10242.5. (a) A charge imposed for late payment of an installment due on a Loan secured by a mortgage or deed of Trust on real property shall not exceed an amount equal to 10 percent of the installment due, except that a minimum charge of five dollars ($5) may be imposed when the late charge permitted by this section would otherwise be less than that minimum charge. The charge permitted by this section may be assessed only as a percentage of the increment of any installment due that is attributable to Principal and interest. (b) No charge may be imposed more than once for the same late payment of an installment. No late charge may be imposed on any installment which is paid or tendered in full within 10 days after its scheduled due date, even though an earlier maturing installment or a late charge on an earlier installment may not have been paid in full. For purposes of this subdivision, a payment or tender of payment made within 10 days of a scheduled installment due date shall be deemed to have been made or tendered for payment of that installment. (c) A late-payment charge may be imposed pursuant to this subdivision for the payment of any balloon payment more than 10 days after the date due. The charge shall not exceed an amount equal to the maximum late charge that could have been assessed with respect to the largest single monthly installment previously due, other than the balloon payment, multiplied by the sum of one plus the number of months occurring since the late-payment charge began to accrue. For purposes of this subdivision, "month" means the period between a particular day of a calendar month and the same day of the next calendar month. 10242.6. (a) The Principal and accrued interest on any Loan secured by a mortgage or deed of Trust on real property containing only a single-family, owner-occupied dwelling may be prepaid in whole or in part at any time but only a prepayment made within seven years of the date of execution of such mortgage or deed of Trust may be subject to a prepayment charge and then solely as herein set forth. An amount not exceeding 20 percent of the unpaid balance may be prepaid in any 12-month period. A prepayment charge may be imposed on any amount prepaid in any 12-month period in excess of 20 percent of the unpaid balance which charge shall not exceed an amount equal to the payment of six months' advance interest on the amount prepaid in excess of 20 percent of the unpaid balance. (b) Notwithstanding subdivision (a), there shall be no prepayment penalty charged to a borrower under a Loan subject to this section if the dwelling securing the Loan has been damaged to such an extent by a natural disaster for which a state of emergency is declared by the Governor, pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, that the dwelling cannot be occupied and the prepayment is causally related thereto. (c) As used in this section, "owner-occupied dwelling" means a dwelling which will be owned and occupied by a signatory to the mortgage or deed of Trust secured by the dwelling within 90 days of the execution of the mortgage or deed of Trust. 10243. If the Loan is not consummated due to the failure of the borrower to disclose the outstanding Liens of record or the correct current vested title which is material to the Loan upon the real property as provided by subdivision (c) of Section 10241, the borrower shall be liable for the costs and expenses provided in subdivision (a) of Section 10241 which have been paid or incurred, and shall be liable for the payment of one-half of the charges provided in subdivision (b) of Section 10241. An exclusive agreement authorizing or employing a Licensee to negotiate a Loan secured directly or collaterally by a Lien on real property shall be limited to a term of not more than 45 days. If the Loan is not consummated and the Broker is entitled to any charges, costs or expenses authorized by this article, he or she may not record a Lien or encumbrance against the borrower's property except subsequent to the filing of a legal action pursuant to the Code of Civil Procedure to recover said charges, costs or expenses. However, nothing contained herein shall prohibit a Broker from recording a Lien pursuant to a voluntary Lien agreement in conjunction with a stipulation to dismiss an actual or proposed complaint for damages entitling the Broker to such charges, costs or expenses after written notice to the borrower that the Broker proposes or has initiated a complaint for damages pursuant to the Code of Civil Procedure. 10244. Any Loan made by any person and secured directly by a Lien on real property, other than a note given back to the seller by the purchaser on account of the purchase price, which provides for installment payments and the term of which is less than three years, shall require substantially equal installment payments over the period of the Loan with the final payment not payable until the maturity date thereof. No installment including the final installment shall be greater than twice the amount of the smallest installment. If any Loan having an original maturity period of less than three (3) years is renewed or refinanced, the total amount of charges to be paid on both the original obligation and the balance of such obligation, as renewed or refinanced, shall not in the aggregate exceed the amount of charges as provided in Section 10242, and if such a Loan is renewed or refinanced through the person who negotiated the original Loan, the total amount of costs and expenses to be paid on both the original obligation and the renewed or refinanced obligation shall not exceed in the aggregate the amount of costs and expenses authorized in subdivision (a) of said section. The provisions of this section do not apply to a Bona fide Loan, secured by a first Trust deed on real property, made in connection with the financing of the usual costs of the development of a residential, commercial or industrial building or buildings on the property under a written agreement providing for the disbursement of the Loan funds as costs are incurred or in relation to the progress of the work and providing for title Insurance insuring the priority of the security as against mechanic's and materialmen's Liens or for the final disbursement of at least ten (10) percent of the Loan funds after the expiration of the period for the filing of mechanics and materialmen's Liens. 10244.1. Notwithstanding the provisions of Section 10244, on a Loan secured directly or collaterally by a Lien on real property comprising an owner-occupied dwelling, for a term of six years or less, no installment, whether providing for payment of Principal and interest or interest only, shall be greater than twice the amount of the smallest installment. This section does not apply to a note given back to the seller by the purchaser on account for the purchase price or any collateral Loans secured solely by such a note. As used in this section, "owner-occupied dwelling" means a single dwelling unit in a condominium or cooperative or a residential building of less than three separate dwelling units, one of which will be owned and occupied by a signatory to the mortgage or deed of Trust secured by such dwelling within 90 days of the execution of the mortgage or deed of Trust. 10245. The provisions of this article, exclusive of the provisions of Sections 10240, 10240.3, 10242.5, and 10242.6, do not apply to any Bona fide Loan secured directly or collaterally by a first Trust deed, the Principal of which is thirty thousand dollars ($30,000) or more, or to any Bona fide Loan secured directly or collaterally by any Lien junior thereto, the Principal of which is twenty thousand dollars ($20,000) or more. 10246. If any amount: (a) In excess of the charges referred to in Section 10241 and limited by Section 10242, (b) In excess of the charges permitted by Section 10242.5, or (c) Prohibited by Section 10248.1, is received, the borrower may recover, from the person who shall have taken or received the excess or prohibited amount, three times the amount of the excess or prohibited amount and the borrower shall be entitled to costs and a reasonable attorney's fee; provided that any action for recovery must be brought within two (2) years from the date such excess or prohibited charge was received. However, if the excess or prohibited amount is the result of a Bona fide error the borrower may only recover such excess or prohibited amount. 10247. The provisions of this article pertaining to maximum costs and expenses, charges and interest, together with the penalties stated in this article, shall apply to any transaction involving a third party as a purported lender or any other transaction which is used as a subterfuge or means of avoiding or evading the provisions of this article. 10248. Every person who, for compensation to be received directly or indirectly, sells, offers to sell, purchases for resale or offers to purchase for resale, or who negotiates or arranges for the purchase, sale or exchange of a promissory note secured directly or collaterally by a Lien on real property, may receive only the maximum total charges provided for in Section 10242. 10248.1. No real estate Licensee shall charge, receive, or negotiate for the payment by the borrower of any service charge or fee other than charges and fees specified in Sections 10241, 10241.1, 10242, and 10242.5, prepayment penalties as authorized by law, beneficiary-statement, payoff-demand, extinction, release, reconveyance or other removal of record fees, and trustee's costs and fees, and any other fees if in accordance with the Civil Code and the Code of Civil Procedure. 10248.2. (a) A borrower may not waive any right or remedy under this article. This subdivision shall not be deemed to prohibit a Bona fide settlement, release or compromise of any claim under this article. (b) If a Loan is negotiated in violation of any section of this article, the Licensee, on demand, shall return to the borrower any bonus, brokerage or commission paid or payable under subdivision (b) of Section 10242 for negotiation of such Loans. In the event such demand is not satisfied within 20 days from the date of written demand, the borrower may commence an action under this subdivision and may recover actual damages or twice any bonus, brokerage, or commission paid or payable under subdivision (b) of Section 10242 for the negotiation of said Loan whichever is greater, plus costs and reasonable attorney's fees. The "date of written demand" shall mean either the date upon which the written demand is personally delivered to the Licensee or the date upon which the written demand is mailed to the Licensee. A Licensee may not be held liable in any action brought under this section for a violation of this article if the Licensee shows by a preponderance of evidence that the violation was not intentional and resulted from a Bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. If the borrower proceeds under this section he may not proceed under Section 10246 as to the same breach. (c) If a real estate Licensee subject to the provisions of this article violates any provision of Section 10241.1 he shall be liable for, and pay over to the borrower, any commission or experience rating dividend attributable to the Insurance written on that Loan received by the Licensee as a result of the sale of such Insurance to the borrower in violation of Section 10241.1 in addition to any premium loss due to short rate cancellation of any Insurance subject to Section 10248.1 which was purchased by the borrower. (d) No action for damages shall be maintained under this section unless brought within two years after the maturity of the Loan. (e) The provisions of this article are not exclusive. The remedies provided for herein shall be in addition to any other procedures or remedies provided under law. 10248.3. The provisions of this article shall apply only to those Loans otherwise subject to this article which are made or negotiated by real estate brokers acting within the meaning of subdivision (d) of Section 10131 or subdivision (b) of Section 10240. 10249. (a) A person acting as a Principal or Agent who intends, in this state, to sell or lease or offer for sale or lease lots, parcels, or interests in a subdivision, as defined in Section 10249.1, situated outside of this state but within the United States, shall, prior to a sale, lease, or offer, register the subdivision with the Commissioner. An application for registration shall be made on a form acceptable to the Commissioner and include, together with a fee, a description of the offering, certification by the applicant that the subdivision is in compliance with all applicable requirements of the state or states wherein the project is located, evidence of this compliance, if applicable, and a consent to service as described in Section 10249.92. (b) The Commissioner, within 10 days of receipt of an application of registration, shall provide the applicant with notice of the completion of the registration or a notice of deficiency. If the department does not provide a notice within 10 days, the registration shall be deemed complete. 10249.1. "Subdivision," as used in Section 10249, includes all of the following: (a) Improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease, whether immediate or future, into five or more lots or parcels. (b) Improved or unimproved land or lands in which, for the purpose of sale or lease, whether immediate or future, five or more undivided interests are created or proposed to be created. (c) "Subdivision," as defined in Section 11004.5, excluding "subdivision" as defined in subdivision (e) of that section. 10249.3. (a) The Commissioner may by regulation prescribe filing fees in connection with registrations with the department pursuant to the provisions of this article that are lower than the maximum fees specified in subdivision (b) if the Commissioner determines that the lower fees are sufficient to offset the costs and expenses incurred in the administration of this article. The Commissioner shall hold at least one hearing each calendar year to determine if lower fees than those specified in subdivision (b) should be prescribed. (b) The filing fee for an application for a registration with the department pursuant to the provisions of this article shall not exceed the following for each subdivision or phase of the subdivision in which interests are to be offered for sale or lease: (1) An application for an original registration: One hundred dollars ($100). (2) An application for a renewal registration: One hundred dollars ($100). (3) An application for an amended registration: One hundred dollars ($100). (c) All fees collected by the DRE under authority of this article shall be deposited into the Real Estate Fund under Chapter 6 (commencing with Section 10450) of Part 1. All fees received by the department pursuant to the provisions of this article shall be deemed earned upon receipt. No part of any fee is refundable unless the Commissioner determines that it was paid as a result of mistake or inadvertence. 10249.8. (a) Notwithstanding any provision to the contrary in Section 10249 or 11000, it is unlawful for a person, in this state, to sell or lease or offer for sale or lease lots, parcels, or interests in a subdivision, as defined in Section 10249.1, entirely located outside of this state but within the United States, unless any printed material, literature, advertising, or invitation in this state relating to that sale, lease, or offer clearly and conspicuously contains the following disclaimer in at least 10-point type: WARNING: THE CALIFORNIA DRE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING. (b) If an offer on property described in subdivision (a) is not initially made in writing, the disclaimer set forth in subdivision (c) shall be received by the offeree in writing prior to a visit to a location, sales presentation, or contact with a person representing the offeror, when the visit or contact was scheduled or arranged by the offeror or its representative. The deposit of the disclaimer in the United States mail, addressed to the offeree and with first-class postage prepaid, at least five days prior to the scheduled or arranged visit or contact, shall be deemed to constitute delivery for purposes of this section. (c) If a California resident is presented with an agreement or contract to lease or purchase any property described in subdivision (a), where an offer to lease or purchase that property was made to that resident in California, a copy of the disclaimer set forth in this subdivision shall be inserted in at least 10-point type at the top of the first page of that agreement or contract and shall be initialed by that California resident. WARNING: THE CALIFORNIA DRE HAS NOT QUALIFIED, INSPECTED, OR EXAMINED THIS OFFERING, INCLUDING, but not limited to: THE CONDITION OF TITLE, THE STATUS OF BLANKET Liens ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, Escrow PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE STATE WHERE THIS SUBDIVISION IS SITUATED. 10249.9. (a) Notwithstanding any provision to the contrary in Section 10249 or 11000, it is unlawful for a person, in this state, to sell or lease or offer for sale or lease a lot, parcel, or interest in a subdivision, located outside the United States, unless the printed material, literature, advertising, or invitation in this state relating to that sale, lease, or offer clearly and conspicuously contains the following disclaimer in at least 10-point capital type: WARNING: THE CALIFORNIA DRE HAS NOT EXAMINED THIS OFFERING, INCLUDING, but not limited to: THE CONDITION OF TITLE, THE STATUS OF BLANKET Liens ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, Escrow PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED. (b) If an offer on property described in subdivision (a) is not initially made in writing, the foregoing disclaimer shall be received by the offeree in writing prior to a visit to a location, sales presentation, or contact with a person representing the offeror, when the visit or contact was scheduled or arranged by the offeror or its representative. The deposit of the disclaimer in the United States mail, addressed to the offeree and with first-class postage prepaid, at least five days prior to the scheduled or arranged visit or contact, shall be deemed to constitute delivery for purposes of this section. (c) If any California resident is presented with an agreement or contract to lease or purchase a property described in subdivision (a), where an offer to lease or purchase that property was made to that resident in California, a copy of the disclaimer set forth in subdivision (a) shall be inserted in at least 10-point type at the top of the first page of that agreement or contract and shall be initialed by that California resident. 10249.91. The term of a registration issued pursuant to this article shall be one year, unless the Commissioner by regulation prescribes a longer term. 10249.92. A registration application pursuant to the provisions of this article shall be accompanied by an irrevocable consent stating that if in any action commenced against the applicant in this state personal service of process upon the applicant cannot be made after the exercise of due diligence, a valid service may thereupon be made upon the applicant by delivering the process to the Secretary of State. Insofar as possible, the provisions of Section 1018 of the Code of Civil Procedure relating to service of process on the Secretary of State are applicable to this section. 10249.93. (a) If the Commissioner finds, based on available evidence, that a person is violating any provision of this article or a regulation of the Commissioner adopted to implement a provision of this article, the Commissioner may order the person to cease and desist from committing the violation or to cease and desist from the further sale or lease of an interest in the subdivision until the violation is corrected. (b) A person to whom an order is directed shall, upon receipt of the order, immediately cease the activity described in the order. (c) The person to whom the order is directed may request a hearing in accordance with subdivision (c) of Section 11019. index www.pseudology.org