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460-33A-036  <<  460-33A-037 >>   460-33A-038

PDFWAC 460-33A-037

Disclosure requirements in the sale of real estate owned property.

The following apply to real property acquired by owners of mortgage paper securities through foreclosure or otherwise in settlement of the note or bond which is the subject of the mortgage paper security (real estate owned or REO):
(1) The mortgage broker-dealer shall provide investors a written disclosure document when making a recommendation to investors to sell REO.
(2) The disclosure document required by subsection (1) of this section shall include an appraisal meeting the requirements of WAC 460-33A-105 and dated within twelve months of the recommendation unless:
(a) A real estate broker's opinion of value dated within twelve months of the recommendation is obtained pursuant to WAC 460-33A-038;
(b) In offering the mortgage paper securities to the current owners, the loan-to-value ratio was established by relying on the tax assessment valuation pursuant to WAC 460-33A-105(6). In this instance, the specific offering circular required by subsection (1) of this section may use the current tax assessment valuation; or
(c) The investors, excluding the mortgage broker-dealer and its affiliates, holding a majority percentage interest in the unpaid amount of the notes or other obligations consent to the waiver of this requirement. The mortgage broker-dealer may not require investors to consent to this waiver prior to issuing its recommendation to sell REO.
(3) Regardless of whether an appraisal is required or furnished pursuant to subsection (2) of this section, investors holding a majority percentage interest in the unpaid amount of the notes or other obligations may direct the mortgage broker-dealer to obtain an appraisal or a new appraisal that is dated within twelve months of the mortgage broker-dealer's recommendation. The costs of such an appraisal shall be the responsibility of the mortgage paper security investors unless the mortgage broker-dealer agrees to pay for the appraisal.
(4) The disclosure document required by subsection (1) of this section shall disclose the following:
(a) A summary of the purchase and sale agreement;
(b) The estimated expenses and other disbursements from the sale proceeds together with the estimated net proceeds to investors if the sale is approved;
(c) A summary of property marketing completed prior to receipt of the purchase and sale agreement;
(d) Estimated marketing period necessary to obtain fair market value of the property established by the current appraisal, if an appraisal is required under subsection (2) or (3) of this section;
(e) Current appraised value or a real estate broker's opinion of value pursuant to WAC 460-33A-038 of the property, as well as the appraised value of the property at the time the loan was originated, if an appraisal or opinion of value is required under subsection (2) or (3) of this section;
(f) Current tax assessed value of the property, as well as the tax assessed value at the time the loan was originated;
(g) A summary of the reasons for which the mortgage broker-dealer is making the recommendation to investors to accept the purchase and sale agreement;
(h) A summary of the options available to investors should they elect to reject the purchase and sale agreement;
(i) The right of investors to obtain upon written request a list of all investors holding an interest in the property subject to the purchase and sale agreement and their respective addresses; and
(j) The right of investors holding a majority percentage of the interest in the property to remove the mortgage broker-dealer as the servicing agent in accordance with WAC 460-33A-035(11).
(5) If the terms of the purchase and sale agreement include seller financing, the disclosure document required in this section shall disclose the following in addition to the disclosure required under subsection (4) of this section:
(a) A loan application completed by the prospective buyer;
(b) The credit report of the prospective buyer;
(c) The financial statements of the prospective buyer, if available;
(d) A comparison of the loan terms in the original offering with those proposed in the purchase and sale agreement; and
(e) A summary of the options available to an individual investor who does not wish to participate in the loan should investors holding a majority percentage of the interest in the property accept the purchase and sale agreement.
(6) The disclosure document required in this section shall be sent to all the investors holding an interest in the property subject to the purchase and sale agreement at their last known addresses at least ten days prior to the closing date of the sale.
[Statutory Authority: RCW 21.20.060, [21.20].070, [21.20].090, [21.20].100, [21.20].180, [21.20].210, [21.20].250, [21.20].270, and [21.20].450. WSR 12-11-087, § 460-33A-037, filed 5/17/12, effective 6/17/12. Statutory Authority: RCW 21.20.450. WSR 01-23-002, § 460-33A-037, filed 11/7/01, effective 12/8/01.]
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