The definitions set forth in this section apply throughout this
chapter unless the context clearly requires a different meaning.
(1) "Act" means the Consumer Loan Act,
chapter 31.04 RCW.
(2) "Advertise,
advertising, and advertising material" means any form of sales or promotional
materials used in connection with the business. Advertising material includes,
but is not limited to, newspapers, magazines, leaflets, flyers, direct mail,
indoor or outdoor signs or displays, point-of-sale literature or educational
materials, other printed materials; radio, television, public address system,
or other audio broadcasts; internet pages, social media, instant messages, or
electronic bulletin boards.
(3)
"Annual percentage rate" has the same meaning as defined in Regulation Z, 12
C.F.R. Part
1026, implementing the Truth in Lending Act.
(4) "Application" means the submission of a
borrower's financial information in anticipation of a credit decision relating
to a residential mortgage loan, which includes the borrower's name, monthly
income, Social Security number to obtain a credit report, the property address,
an estimate of the value of the property, and the mortgage loan amount sought.
An application may be submitted in writing or electronically and includes a
written record of an oral application. If the submission does not state or
identify a specific property, the submission is an application for a
prequalification and not an application for a residential mortgage loan under
this part. The subsequent addition of an identified property to the submission
converts the submission to an application for a residential mortgage
loan.
(5) "Bank Secrecy Act" means
the Bank Secrecy Act (BSA), 31 U.S.C.
1051 et seq. and 31 C.F.R. Part
103.
(6) "Bond substitute" means
unimpaired capital, surplus and qualified long-term subordinated
debt.
(7) "Business day" means
Monday through Friday excluding federally recognized bank holidays.
(8) "Commercial context" or "commercial
purpose" means actions taken for the purpose of obtaining anything of value for
oneself, or for an entity or individual for which the individual acts, rather
than exclusively for public, charitable, or family purposes.
(9) "Common ownership" exists if an entity or
entities possess an ownership or equity interest of five percent or more in
another entity.
(10) "Creditor" has
the same meaning as in the Truth in Lending Act, 15 U.S.C.
1602(f) and
Regulation Z, 12 C.F.R. Part
1026.
(11) "Depository Institutions Deregulatory
and Monetary Control Act" means the Depository Institutions Deregulatory and
Monetary Control Act of 1980 (DIDMCA), 12 U.S.C. Sec. 1735f-7a.
(12) "Dwelling" means the same as in
Regulation Z implementing the Truth in Lending Act which is a residential
structure that contains one to four units, whether or not that structure is
attached to real property. The term includes an individual condominium unit,
cooperative unit, mobile or manufactured home, and trailer, if it is used as a
residence. See 12 C.F.R. Sec.
1026.2.
(13) "Equal Credit Opportunity Act" means the
Equal Credit Opportunity Act (ECOA), 15 U.S.C. Sec.
1691 and Regulation B, 12
C.F.R. Part
1002.
(14) "Fair Credit
Reporting Act" means the Fair Credit Reporting Act (FCRA), 15 U.S.C. Sec.
1681 et seq.
(15) "Fair Debt Collection
Practices Act" means the Fair Debt Collection Practices Act, 15 U.S.C. Sec.
1692, 12 C.F.R. Part
1006.
(16)
"Federal Trade Commission Act" means the Federal Trade Commission Act, 15 U.S.C. Sec.
45(a).
(17) "Filing"
means filing, recording, releasing or reconveying mortgages, deeds of trust,
security agreements or other documents, or transferring certificates of title
to vehicles.
(18)
"Gramm-Leach-Bliley Act (GLBA)" means the Financial Modernization Act of 1999,
15 U.S.C. Sec.
6801-
6809, and the GLBA-mandated Federal Trade Commission (FTC)
privacy rules, at 16 C.F.R. Parts
313-
314.
(19) "Higher education institution" means a
private, nonprofit educational institution, the main campus of which is
permanently situated in the state, which is open to residents of the state,
which neither restricts entry on racial or religious grounds, which provides
programs of education beyond high school leading at least to the baccalaureate
degree, and which is accredited by the Northwest Association of Schools and
Colleges or by an accrediting association recognized by the council for higher
education. RCW 28B.07.020(4).
(20)
"Home Mortgage Disclosure Act" means the Home Mortgage Disclosure Act (HMDA),
12 U.S.C. Secs.
2801 through
2810 and 12 C.F.R. Part
1003 (formerly Part
203).
(21) "Immediate family
member" means a spouse, child, sibling, parent, grandparent, or grandchild.
This includes stepparents, stepchildren, stepsiblings, and adoptive
relationships.
(22) "Lender" means
any person that extends money to a borrower with the expectation of being
repaid.
(23) "License number" means
your NMLS unique identifier displayed as prescribed by the director. Some
examples of the way you may display your license number are: NMLS ID 12345,
NMLS 12345, NMLS #12345, MB-12345, or MLO-12345.
(24) "Licensed location" means a main office
or branch office, including an individual loan originator's residence, where
the licensee conducts business under the act with Washington residents or
Washington residential real estate and the licensee has obtained a main or
branch license through NMLS for that location.
(25) "Live check" means a loan solicited
through the mail in the form of a check, which, when endorsed by the payee,
binds the payee to the terms of the loan agreement contained on the
check.
(26) "Loan originator" means
the same as mortgage loan originator.
(27) "Loan originator's residence" means a
loan originator's primary or secondary residence located in the United
States.
(28) "Long-term
subordinated debt" means for the purposes required in RCW 31.04.045 outstanding
promissory notes or other evidence of debt with initial maturity of at least
seven years and remaining maturity of at least two years.
(29) "Material litigation" means proceedings
that differ from the ordinary routine litigation incidental to the business.
Litigation is ordinary routine litigation if it ordinarily results from the
business and does not deviate from the normal business litigation. Litigation
involving five percent of the licensee's assets or litigation involving the
government would constitute material litigation.
(30) "NMLS" means the Nationwide Multistate
Licensing System and Registry, Nationwide Mortgage Licensing System, NMLSR, or
such other name or acronym as may be assigned to the multistate system
developed by the Conference of State Bank Supervisors and the American
Association of Residential Mortgage Regulators and owned and operated by the
state regulatory registry, LLC, or any successor or affiliated entity, for the
licensing and registration of persons in the mortgage and other financial
services industries.
(31)
"Out-of-state licensee" means a licensee that does not maintain a physical
presence within the state, or a licensee that maintains headquarters or books
and records outside Washington.
(32) "Principal amount" means the loan amount
advanced to or for the direct benefit of the borrower.
(33) "Principal balance" means the principal
amount plus any allowable origination fee.
(34) "RCW" means the Revised Code of
Washington.
(35) "Real
estate brokerage activity" means any activity that involves offering or
providing real estate brokerage services to the public, including (a) acting as
a real estate agent or real estate broker for a buyer, seller, lessor, or
lessee of real property; (b) bringing together parties interested in the sale,
purchase, lease, rental, or exchange of real property; (c) negotiating, on
behalf of any party, any portion of a contract relating to the sale, purchase,
lease, rental, or exchange of real property, other than in connection with
providing financing with respect to such a transaction; (d) engaging in any
activity for which a person engaged in the activity is required to be
registered or licensed as a real estate agent or real estate broker under any
applicable law; and (e) offering to engage in any activity, or act in any
capacity, described in (a) through (d) of this subsection.
(36) "Real Estate Settlement Procedures Act"
means the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. Secs.
2601 et seq., and Regulation X, 12 C.F.R. Part
1024.
(37) "Records" mean books, accounts, papers,
records and files, no matter in what format they are kept, which are used in
conducting business under the act.
(38) "Referring a delinquent loan to
foreclosure" means taking any step in furtherance of foreclosure. Examples
include, but are not limited to: Sending a referral to a foreclosure trustee or
attorney inside or outside of the servicing entity requesting they begin the
foreclosure process; making a record in written or electronic form that flags,
comments, blocks, suspends or in any way indicates in the electronic record of
a mortgage loan that foreclosure has begun; any such marking of an electronic
record that impairs the record in a way that payments will not be applied or
will be routed into a suspense account.
(39) "State" means the state of
Washington.
(40) "Student education
loan borrower" means:
(a) Any resident of this
state who has received or agreed to pay a student education loan; or
(b) Any person who shares responsibility with
such resident for repaying the student education loan.
(41) "Student education loan servicing" or
"service a student education loan" means:
(a)
Receiving any scheduled periodic payments from a student education loan
borrower pursuant to the terms of a student education loan;
(b) Applying the payments of principal and
interest and such other payments with respect to the amounts received from a
student education loan borrower, as may be required pursuant to the terms of a
student education loan;
(c) Working
with the student education loan borrower to collect data, or collecting data,
to make decisions to modify the loan; or
(d) Performing other administrative services
with respect to a student education loan including collection activities.
"Student education loan servicing" does not include third-party student
education loan modification services.
(42) "Subsidiary" means a person that is
controlled by another.
(43) "Table
funding" means a settlement at which a mortgage loan is funded by a
contemporaneous advance of loan funds and an assignment of the loan to the
person advancing the funds.
(44)
"Telemarketing and Consumer Fraud and Abuse Act" means the Telemarketing and
Consumer Fraud and Abuse Act, 15 U.S.C. Sec.
6101 to
6108.
(45) "Telemarketing Sales Rule" means the
rules promulgated in 16 C.F.R. Part
310.
(46) "Truth in Lending Act" means the Truth
in Lending Act (TILA), 15 U.S.C. Secs.
1601 et seq., and Regulation Z, 12
C.F.R. Part
1026.