Cal. Code Regs. tit. 10 § 2849

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 2849 - Annual Report Format

The following format shall be used by a real estate broker who meets the criteria of Section 10232 of the Code for the annual report required by Section 10232.2(c).

MORTGAGE LOAN/TRUST DEED ANNUAL REPORT

(Business and Professions Code Section 10232.2(c))

___________________________

(Name of Reporting Broker)

___________________________

_____________________________________________(Principal Business Office Address)

This report covers mortgage loan brokerage and trust deed and real property sales contract transactions for the period from ____________________, 19___, to ____________________, 19___.

During the reporting period, mortgage loan/trust deed business activities were conducted by the reporting broker and his affiliates at the following address in addition to the principal business address above:

___________________________

___________________________

___________________________

___________________________

I. LOANS ORIGINATED AS AGENT (Section 10131(d))

Article 7* LoansOther Loans
A.Total Loans
Number______________________________________________________
Aggregate Principal Amount$ ___________________________$ ___________________________
Commissions Received$ $ ___________________________
B.Multiple Lender Loans (Fractionalized)**
Number______________________________________________________
Aggregate Principal Amount$ ___________________________$ ___________________________
C.Loans to Refinance***Loans
Previously Negotiated by Reporting Broker or Affiliate****
Number______________________________________________________
Aggregate Principal Amount$ ___________________________$ ___________________________
D.Balloon Payment and Interest-Only Loans
Number______________________________________________________
Aggregate Principal Amount (at maturity)$ ___________________________$ ___________________________

II. LOANS ORIGINATED AS PRINCIPAL (FUNDED BY BROKER) FOR RESALE (Section 10131.1)

Article 7*Other
LoansLoans
A.Total Loans
Number______________________________________________________
Aggregate Principal Amount$ ___________________________$ ___________________________
Loan Origination or Other Fees in Lieu of Commission$ ___________________________$ ___________________________
B.Loans to Refinance Loans Previously Negotiated By Reporting Broker or Affiliate
Number______________________________________________________
Aggregate Principal Amount$ ___________________________$ ___________________________
C.Balloon Payment and Interest-Only Loans Number______________________________________________________
Aggregate Principal Amount (at maturity)$ ___________________________$ ___________________________
D.Principal (Broker Funded) Loans Resold
1. Single Purchaser
a. Number______________________________________________________
b. Aggregate Selling Price$ ___________________________$ ___________________________
2. Multiple Purchasers (Fractionalized)**
a. Number______________________________________________________
b. Aggregate Selling Price$ ___________________________$ ___________________________

III. COSTS AND EXPENSES CHARGED TO BORROWERS IN ORIGINATED LOAN TRANSACTIONS*****

Total$ ___________________________$ ___________________________
Retained by Broker or Affiliate for Services$ ___________________________$ ___________________________

IV. LOANS FOR BROKER'S USE OR BENEFIT (Section 10231.2)

All Loans/Sales
Number___________________________
Aggregate Amounts Borrowed$ ___________________________

V. SALES OF NOTES AS AGENT (Section 10131 (e))

Number___________________________
Selling Price$ ___________________________
Commissions Received$ ___________________________

VI. RESALES AS PRINCIPAL OF NOTES PURCHASED BY BROKER (Section 10131.1)

Number___________________________
Aggregate Purchase Price$ ___________________________
Aggregate Resale Price$ ___________________________

VII. SALES OF REAL PROPERTY SALES (RPS)CONTRACTS****** AS AGENT OR PRINCIPAL (Sections 10131(e) and 10131.1)

Number___________________________
Aggregate Selling Price$ ___________________________

VIII. NOTE AND RPS CONTRACT SERVICING

A.Number Serviced by Broker or Affiliate___________________________
B.Late Charges$ ___________________________
1. Total Late Charges Paid$ ___________________________
2. Retained by Broker or Affiliate$ ___________________________
C.Prepayment Penalties
1. Number Prepaid___________________________
2. Total Paid by Borrowers$ ___________________________
3. Retained By Broker or Affiliate$ ___________________________
D.Total Other Charges of Broker or Affiliate for Servicing$ ___________________________
E.Notice of Default Filed___________________________
F.Trustee's Sale, Judicial Sales or Deeds in Lieu of Foreclosure Recorde___________________________

To the best of knowledge and belief the information contained in this report is true and correct.

___________________________Date: ___________________________
Signature
___________________________License No.

__________
*Article 7 loans are loans of less than $20,000 secured by first deeds of trust on dwellings and loans of less than $10,000 secured by junior deeds of trust on dwellings if originated before January 1, 1991; or loans of less than $30,000 secured by first deeds of trust on dwellings and loans of less than $20,000 secured by junior trust deeds on dwellings if originated on or after January 1, 1991.
**Fractionalized loan (sale)--One funded through the issuance of a series of notes of equal priority secured by the same real property, or the sale of undivided interests in a single note secured by the same real property, to two or more persons not otherwise associated.
***Loan to refinance--A loan funded within 90 days of the maturity date of an existing obligation of the borrower in which 75 percent or more of the proceeds made available to the borrower are applied to pay off the existing obligation.
****Affiliate--Any entity in which an individual reporting broker or an officer, director or shareholder of a corporate reporting broker has more than a nominal financial interest or from whom the reporting broker receives any form of compensation for the referral of business in connection with the reporting broker's mortgage loan activities.
*****For services enumerated in Section 10241(a) and any other charge made to the borrower.
******As defined in Section 10029 of the Business and Professions Code.

Cal. Code Regs. Tit. 10, § 2849

1. New section filed 12-11-73 as an emergency; designated effective 1-1-74. Certificate of Compliance included (Register 73, No. 50). For history of former section, see Register 61, No. 5.
2. Amendment filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
3. Amendment filed 2-2-76 as an emergency; designated effective 2-15-76 (Register 76, No. 6).
4. Certificate of Compliance filed 3-5-76 (Register 76, No. 10).
5. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
6. Repealer and new section filed 5-13-82; effective thirtieth day thereafter (Register 82, No. 20).
7. Amendment filed 7-12-91; operative 8-11-91 (Register 91, No. 44).
8. Editorial correction of printing errors (Register 91, No. 44).
9. Editorial correction (Register 95, No. 13).

Note: Authority cited: Sections 10080, 10232.2, 10248.9, Business and Professions Code. Reference: Sections 10232, 10232, 10240, 10241, 10245, and 10248.9, Business and Professions Code.

1. New section filed 12-11-73 as an emergency; designated effective 1-1-74. Certificate of Compliance included (Register 73, No. 50). For history of former section, see Register 61, No. 5.
2. Amendment filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
3. Amendment filed 2-2-76 as an emergency; designated effective 2-15-76 (Register 76, No. 6).
4. Certificate of Compliance filed 3-5-76 (Register 76, No. 10).
5. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
6. Repealer and new section filed 5-13-82; effective thirtieth day thereafter (Register 82, No. 20).
7. Amendment filed 7-12-91; operative 8-11-91 (Register 91, No. 44).
8. Editorial correction of printing errors (Register 91, No. 44).
9. Editorial correction (Register 95, No. 13).