Financing the sale of residential real estate is regulated at both the state and federal levels. In Washington the Consumer Loan Act, chapter RCW 31.04 and chapter WAC 208-620, regulates the lending of money or extension of credit for family, personal, or household use. This includes financing residential mortgages. Regulation under the Consumer Loan Act begins with the licensing process. Licensing is twofold in that both companies and individual mortgage loan originators must license.
There are some exemptions from licensing at both the company and individual levels. The company level exemptions are found at RCW 31.04.025. The individual level exemptions are found at WAC 208-620-105.
A license waiver is available pursuant to RCW 31.04.025(3) for eligible transactions under the Consumer Loan Act. We will issue a license waiver for eligible seller financed residential mortgage loan transactions. An eligible transaction is one in which the seller owns the property being sold, is selling to a buyer for their family, personal or household use, is carrying the financing taking an interest in the property, and who is not subject to the federal law that requires the licensing of mortgage loan originators. Please access the link below at "More Information" to continue reading about seller financing.
More Information: About Residential Seller Financing in Washington
UpdatesInterpretive Statement 2010-1 Revised
You may qualify for an outright exemption from the Consumer Loan Act. If you sell the home that was your primary residence and carry the financing for the sale, you are exempt from the Consumer Loan Act. You do not need a license or a license waiver.
- Rule Adopted to Implement License Waiver
DFI has adopted a rule to implement the license waiver at RCW 31.04.025(3). The rule states: WAC 208-620-232 Can I make a small number of residential mortgage loans without being licensed at the company level?
Pursuant to RCW 31.04.025(3) you may be eligible to make five or fewer residential mortgage loans during a calendar year without holding a company level license if you are not subject to licensing as a mortgage loan originator. See WAC 208-620-105. If you are eligible for the license waiver you must comply with the following conditions:
(1) If you do not provide the borrower with a compliant federal disclosure of the loan terms and conditions and cost of financing you must provide the buyer with a disclosure prescribed by the director.
(2) You must comply with the state's usury rate limit. See chapter RCW 19.52.
(3) You must follow Washington law if you pursue a foreclosure.