160 E 300 S, SLC, UT 84111

(801) 530 6747

realestate@utah.gov

www.realestate.utah.gov Division of Real EstateUtah Department of Commerce

Gary R. Herbert, Governor Francine A. Giani, Executive Director Jonathan C. Stewart, Division Director

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Director’s Message………….…1-2Mortgage Uniform State Test……2Staff Spotlight……………………..3Licensing/Disciplinary Actions..4-8Mortgage License Renewal…9-10Rule Developments …………….11Kagie’s Korner..…………………12USPAP 2018-19..……………….13Personnel Changes.…..………..14Commission Changes………15-16IDW Registration……………17-18

In This Issue

Since first becoming Divi-sion Director, one thing I haveemphasized is collaborating andworking with industry members tomake regulation better. In my firstnewsletter article I wrote: “I wantto encourage open communica-tion with the industry and the pub-lic. You are the eyes and ears ofthe Division, and we need yourassistance. When you have aproblem or concern that you feelthe Division should be aware of,do not hesitate to bring it to ourattention.” When I speak to

Director’s Messagegroups, I encourage them to con-tact the Division if there are stat-utes or administrative rules thatare not working or if there is aproblem that needs to be ad-dressed. Over the last five yearswe have had good, open commu-nication, and as a result, togetherwe have solved a lot of issues thathave benefited the public, licens-ees, and the Division.

The mission of the Divisionis to “protect the public,” but that isonly the first part of our missionstatement. The second part statesthat we are to “promote responsi-

Third Quarter 2016

Jonathan Stewart

Division of Real Estate

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ble business practices through ed-ucation, licensure, and regulationof real estate, mortgage, and ap-praisal professionals.” In order forus to fulfill our mission, we needregulation that works. If our stat-utes and administrative rules don’twork, that does not help you asprofessionals, and it does not helpthe Division accomplish its mis-sion.

In the last year we havehad more success in identifyingthings that may not be working theway they used to because theseindustries are always changing.We currently have two committeesworking diligently on administra-tive rule amendments that are theresult of industry members con-tacting the Division with concernsor suggestions. These two com-mittees have members of thecommission/board, employees ofthe Division, and industry mem-bers all working together to draftrule amendments that will contin-ue to protect the public, while pro-viding industry with regulationsthat are easy to understand andfollow. These committees are cur-rently working to revise the adver-tising rules for real estate, as wellas rules dealing with AppraisalManagement Companies.

I want to commend industrymembers for contacting the Divi-sion and working with us to ensurethat the statutes and rules work ina way that promotes responsiblebusiness practices while continu-ing to protect the public.

In early 2013 the NMLS prepared a “stand alone” Uniform State Test(UST). The UST tests candidates on their knowledge of informationcontained in the SAFE Act and the Model State Law (MSL). TheNMLS recommends to state agencies that they adopt the UST.However, as of the present, the Utah state legislature has not doneso. The UST does not cover content from multiple state tests, andnone of the UST questions include state specific questions.

The “stand alone” UST was rolled into the NMLS National Exam inApril of 2013. Since that time, the NMLS National Exam has includ-ed content from the Uniform State Test (UST).

Since inclusion of the UST in the National NMLS exam, the vastmajority of states have accepted the NMLS National exam (whichincludes the UST), and have discontinued requiring state specificlicensing examinations.

For the past several months, the Utah Mortgage Commission hasdiscussed the merits of continuing to require the NMLS Utah StateExam, or to follow the lead of the majority of states and only requirethe NMLS National Exam for mortgage loan originators. At theSeptember Commission meeting, the Utah Mortgage Commissionvoted to continue to require the NMLS Utah State Exam along withthe NMLS National Exam for candidates seeking a mortgage loanoriginator license.

There are continuing and ongoing discussions of the pros and consof no longer mandating the NMLS Utah State Exam. Your input andrecommendations on this timely subject are requested atwww.realestate.utah.gov.

Mortgage LicensingUniform State Test?

Division of Real Estate

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Utah! Division of Real Estate

Director …………..Jonathan StewartEditor/Contributor…Mark FagergrenContributor/Layout...Jennica GruverContributor ……….…… Jeff NielsenContributor ………….. Justin BarneyContributor ……….…….. Van Kagie

2016 Published by

Utah Division of Real EstateDepartment of Commerce

160 E 300 S (84111)PO Box 146711SLC UT 84114(801) 530-6747

Real Estate Commissioners

Lerron E. Little, ChairLori Chapman, Vice ChairRussell K. BoothCalvin MusselmanWilliam O. Perry IV

Residential Mortgage RegulatoryCommissioners

Steve A. Hiatt, ChairGeorge P. Richards, Vice ChairCathy J. GardnerKay R. Ashton

Appraiser Licensing andCertification Board Members

Kristin Coleman-Nichol, ChairJohn E. Ulibarri, II, Vice ChairDaniel BrammerJames S. BringhurstJeffrey T. Morley

SpotlightI grew up in the beautiful mountains of Park City, Utah, where I spentall 12 of my early school years. I began my post high school days in thefilm industry as an entry level producer/director at local TV stationwhere I had the experience of hosting a news based TV show and beingan on camera weather man. I returned to school and worked in the RealEstate industry as a Realtor for a home builder where I gained afoundation of real estate knowledge. While I was working in the RealEstate industry, I sort of slipped into being a Private Investigator doingvarious types of casework. My curious and “snoopy” nature proved thatI had an ability to put the pieces of the puzzle together, and make acareer of investigations for nearly a decade. I have worked severaltypes of investigations from domestic matters, to complex insurancefraud. I specialized in surveillance and tracking using whatever technol-ogy was available. I was featured on the front page of City Weekly in2011.

I came to the Division of Real Estate in June of 2016 with combinedexperience in real estate and investigations, making for a backgroundthat fit the profile of a Real Estate Investigator. I am extremely humbledand grateful to have the opportunity to work with, and be part of suchan awesome department. I was very nervous coming back to a “deskjob”, but everyone is so friendly and supportive with their many years ofknowledge. Everyone is always willing to contribute that knowledge asa team effort, giving the department a very close "family" feel to it. Thattype of atmosphere in itself deserves much respect. It has been achallenge to learn, grow, and become a productive cog in the wheel ofthe Division. This opportunity has literally changed my life in ways thatmost will never know.

My family and 6 children are my greatestjoy. When time allows, I enjoy playingmy guitar and recording music in mystudio. I love to cook for my loved onesand helping my children with varioushobbies and activities that they enjoy. Ilike the nerdier things in life such as agood Sci-Fi movie, or singing some ka-raoke (did I really just admit that?) Mygreatest motivation is my loved oneswho hold me up and keep me strong.You know who you are. Life is good!

Division of Real Estate

Please note that Utah law allows 30 days for appeal of an order. Some of the actions belowmight be subject to this appeal right or currently under appeal.

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cant’s qualifying status. Mr. Huaagreed to pay a civil penalty of$1,000 and to update his MU4disclosure on the nationwidemortgage licensing system. Casenumber MG-14-72489

KIM, PAUL ILWOONG, mortgageloan originator, Brea, California.In a March 9, 2016 order, Mr.Kim’s license was granted andplaced on probation for the initiallicensing period for criminal histo-ry. Case number MG-16-81317

MCCALLUM, JESSICA, unli-censed activity, Salt Lake City,Utah. In a stipulated order datedJune 1, 2016, Ms. McCallum ad-mitted to: 1) having engaged inthe business of residential mort-gage loans without obtaining alicense; and 2) having made falsestatements while transacting thebusiness of residential mortgageloans. Ms. McCallum agreed: 1)to cease and desist from transact-ing the business of residentialmortgage loans without a license;2) to not apply for licensure forfive years, and, if she eventuallydoes apply for licensure, that shewill appear before the MortgageCommission to determine herqualification for licensure; and 3)to update her answers on herMU4 disclosure on the nationwidemortgage licensing system. Casenumber MG-14-69348

false or misleading advertising. Atthe time the advertisements weremailed, Alpine Mortgage did notbelieve that they were false or mis-leading and immediately stoppedusing the advertisements upon be-ing notified by the Division. AlpineMortgage agreed to pay a civil pen-alty of $2,000 and to update itsMU4 disclosure on the nationwidemortgage licensing system. Casenumber MG-13-67356

BRENNER, KATELYN NICOLE,mortgage loan originator, Draper,Utah. In a July 14, 2016 order, Ms.Brenner’s license was granted andplaced on probation for the initiallicensing period for criminal history.Case number MG-16-84716

CHRISTENSEN, JON D., lendingmanager, Spanish Fork, Utah. In aJuly 14, 2016 order, Mr. Christens-en’s license was granted andplaced on probation until August31, 2017, for criminal history. Casenumber MG-16-84738

HUA, ALLEN T., mortgage loanoriginator, Sandy, Utah. In a stipu-lated order dated June 1, 2016, Mr.Hua admitted to having violatedUtah law prohibiting misrepresen-tation when Mr. Hua provided amortgage approval letter whichstated that the applicant was ap-proved for a mortgage loan whenquestions remained as to the appli-

APPRAISAL

GUYMON, DEVON, statecertif-ied residential appraiser, Orem,Utah. In a stipulated order datedJuly 27, 2016, Mr. Guymon admit-ted to having made several errorsin an appraisal in violation of US-PAP and agreed to pay a civilpenalty of $1,000 and to take 30hours of continuing education.Case number AP-14-71310

HVCC APPRAISAL ORDERING,Inc., appraisal management com-pany, Lake Forest, California. In astipulated order dated August 24,2016, HVCC admitted to 1) hav-ing failed to renew its registrationprior to the registration expirationdate; 2) having continued to oper-ate as an AMC in Utah despite nolonger having an active registra-tion; and 3) failing to respond toDivision requests for information.HVCC eventually responded tothe Division and renewed its reg-istration. HVCC agreed to pay acivil penalty of $25,000. Casenumber AP-15-75216

MORTGAGE

Alpine Mortgage, LLC, mortgageentity, Boise, Idaho. In a stipulat-ed order dated July 6, 2016, Al-pine Mortgage admitted to havingmailed advertisements in viola-tion of Utah law which prohibits

Division of Real Estate

REAL ESTATE

ADAMS, JASON, sales agent,Toquerville, Utah. In a July 14,2016 order, Mr. Adams’s licensewas renewed and placed on pro-bation for the renewal period dueto criminal history and due to un-paid child support. Case numberRE-16-84708

ANDREW, DIANA, sales agent,Woods Cross, Utah. In a July 29,2016 order, Ms. Andrew’s licensewas granted and placed on pro-bation for the initial licensing peri-od due to criminal history. Casenumber RE-16-85016

BEARD, ROSALIND, salesagent, Salt Lake City, Utah. In aJune 17, 2016 order, Ms. Beard’slicense was renewed and placedon probation for the renewal peri-od due to a pending criminal mat-ter. Case number RE-16-84199

BEUHRING, JENNIFER, salesagent, Eagle Mountain, Utah. In a2011 stipulated agreement, Ms.Beuhring represented that shehad ceased from conducting unli-censed activity. On September20, 2013, Ms. Beuhring wasgranted a license to practice as areal estate sales agent. In a stip-ulation dated July 20, 2016, Ms.Beuhring admitted that 1) con-trary to her representation in the2011 stipulation, she had contin-ued to conduct unlicensed activityfrom 2011 through September20, 2013; 2) she had disregardedthe 2011 order of the Real EstateCommission; and 3) she had mis-

license was renewed and placedon probation for the renewal peri-od due to criminal history. Casenumber RE-16-83823

HARRIS, THOMAS B., salesagent, Logan, Utah. In an August5, 2016 order, Mr. Harris’s licensewas renewed and placed on pro-bation for the renewal period dueto a pending criminal matter.Case number RE-16-85131

JACKSON, THOMAS A., salesagent, Bluffdale, Utah. In a stipu-lated order dated August 17,2016, Mr. Jackson admitted tohaving continued to practice as areal estate agent despite his li-cense being placed on inactivestatus and prior to formally affiliat-ing with another real estate bro-ker, in violation of Utah law. Mr.Jackson agreed to pay a civil pen-alty of $1,000 and to complete aone hour course in addition to thecontinuing education required forhis next license renewal. Casenumber RE-12-58667

JANKE, SHAWN, principal bro-ker, Ogden, Utah. In a stipulatedorder dated August 17, 2016, Mr.Janke admitted to having failed toexercise active supervision overthe conduct of a sales agent affil-iated with him after the Divisionnotified Mr. Janke of two roadsidesigns which were in violation ofstate advertising rules. AlthoughMr. Janke spoke with the salesagent multiple times about theimproper signs, the signs re-mained in place for severalmonths. Mr. Janke agreed to pay

represented to the Division thatshe had ceased all unlicensed ac-tivity. Ms. Beuhring’s actions areviolations of Utah law. Ms.Beuhring agreed to have her li-cense revoked and to pay a civilpenalty of $5,000. Case numberRE-13-67501

BRANNIGAN, JESSICA L., salesagent, Park City, Utah. In an Au-gust 11, 2016 order, Ms. Branni-gan’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1685249

BROWN, HERNAN A., salesagent, Kearns, Utah. In an August11, 2016 order, Mr. Brown’s li-cense was granted and placed onprobation for the initial licensingperiod due to criminal history.Case number RE-16-85251

BUTLER, ZACHARY JAMES,sales agent, Smithfield, Utah. In aJuly 29, 2016 order, Mr. Butler’slicense was granted and placed onprobation for the initial licensingperiod due to criminal history.Case number RE-16-85021

CROVO, WALTER, sales agent,Hurricane, Utah. In a June 2, 2016order, Mr. Crovo’s license wasgranted and placed on probationfor the initial licensing period dueto criminal history. Case numberRE-16-83735

DANIELS, PHILLIP ROSS, JR.,sales agent, Bountiful, Utah. In aJune 7, 2016 order, Mr. Daniels’s

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Division of Real Estate

June 10, 2016, Mr. Minchey’slicense was granted and immedi-ately suspended while chargesare pending in a criminal matter.Case number RE-16-83917

MORGAN, MICHAEL J., salesagent, Cottonwood Heights,Utah. In a June 30, 2016 order,Mr. Morgan’s license was grant-ed and placed on probation forthe initial licensing period due tocriminal history. Case numberRE-16-84513

NIELSON, GARY C., principalbroker, Bountiful, Utah. In anApril 13, 2016 order, Mr. Niel-son’s license was renewed andplaced on probation during thependency of criminal proceed-ings. On June 6, 2016, Mr. Niel-son pleaded guilty to a 3rddegree felony charge. As a resultof his guilty plea and pursuant tothe April 13, 2016 order, Mr. Niel-son’s license was revoked. Casenumber RE-16-82100

PEARSON, KANDRA DEE, salesagent, Draper, Utah. In a June16, 2016 order, Ms. Pearson’slicense was granted and placedon probation for the initial licens-ing period due to criminal history.Case number RE-16-84141

PHAM, STEPHANIE, salesagent, Centerville, Utah. In a May19, 2016 order, Ms. Pham’s li-cense was granted and placedon probation for the initial licens-ing period due to criminal history.Case number RE-16-83413

a civil penalty of $3,500. Casenumber RE-16-76899

JEPPSON, NIKKI, sales agent,Riverton, Utah. In a July 14, 2016order, Ms. Jeppson’s license wasgranted and placed on probationfor the initial licensing period dueto criminal history and the priorsanction of her real estate li-cense. Case number RE-1684744

JOHNSON, JAMES CHASE,sales agent, South Jordan, Utah.In a July 29, 2016 order, Mr.Johnson’s license was grantedand placed on probation for theinitial licensing period due to crim-inal history. Case number RE-16-85023

KAY, ALISHA RAE, sales agent,Riverton, Utah. In an August 11,2016 order, Ms. Kay’s licensewas renewed and placed on pro-bation for the renewal period dueto criminal history. Case numberRE-16-85248

LINDHARDT, STACIE, salesagent, St. George, Utah. In anAugust 24, 2016 order, Ms. Lind-hardt’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1685560

LIRA, PEDRO, sales agent, Cot-tonwood Heights, Utah. In a July28, 2016 order, Mr. Lira’s licensewas renewed and placed on pro-bation for the renewal period duethe prior sanction of his mortgage

lending manager license. Casenumber RE-16-85007

LUCAS, ANDREW J., sales agent,Salt Lake City, Utah. In an August24, 2016 order, Mr. Lucas’s li-cense was renewed and placed onprobation for the renewal perioddue to criminal history. Case num-ber RE-16-85564

MACLACHLAN, KIM, sales agent,Logan, Utah. In a June 21 2016order, Ms. MacLachlan’s licensewas renewed and placed on pro-bation for the renewal period dueto criminal history. Case numberRE-16-84275

MICHIE, JOHN DAVID, salesagent, St. George, Utah. In anAugust 29, 2016 order, Mr.Michie’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1685254

MILES, ALLISON L., sales agent,Moab, Utah. In a stipulated orderdated July 20, 2016, Ms. Milesadmitted to having continued topractice as a real estate salesagent for a period of time after herlicense had expired and until shelater reinstated her license. Ms.Miles admits that her unlicensedactivity during the time that herlicense was expired was in viola-tion of Utah law. She agreed topay a civil penalty of $1,000. Casenumber RE-16-76269

MINCHEY, BRIAN J., sales agent,Park City, Utah. In an order dated

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Division of Real Estate

was granted and placed on proba-tion for the initial licensing perioddue to criminal history. Case num-ber RE-16-85563

STEVENS, CHRISTAL, salesagent, Taylorsville, Utah. In a July29, 2016 order, Ms. Stevens’s li-cense was renewed and placedon probation for the renewal peri-od due to criminal history. Casenumber RE-16-85014

TAMS, JASON ROY, sales agent,Ogden, Utah. In a n August 5,2016 order, Mr. Tams’s licensewas reinstated and placed on pro-bation for the renewal period dueto criminal history. Case numberRE-16-85132

TRAVER, JUSTIN R., principalbroker, Midway, Utah. In a stipu-lated order dated July 20, 2016,Mr. Traver admitted to having 1)failed to deposit an earnest mon-ey check as represented to thesellers in a transaction; 2) filed anunlawful notice of interest againsta property in Wasatch County,Utah; and 3) continued to practiceas a principal broker after his li-censed expired. Mr. Traver admit-ted that his actions were inviolation of Utah law. He agreed topay a civil penalty of $5,000 andthat he may not apply for a realestate license, credential, or certi-fication for 10 years. Case num-bers RE-13-68491 andRE-14-73799

VIERIG, CRAIG R., principal bro-ker, Salt Lake City, Utah. In a July

QUINTANA, DELEONE A., asso-ciate broker, Salt Lake City, Utah.In a July 28, 2016 order, Mr.Quintana’s license was renewedand placed on probation for therenewal period due to a pendingcriminal matter. Case numberRE-16-85002

RAMIREZ, DIANA M., salesagent, Hideout, Utah. In a July 6,2016 order, Ms. Ramirez’s li-cense was granted and placed onprobation for the initial licensingperiod due to criminal history.Case number RE-16-84556

ROBERSON, THORNE, salesagent, West Jordan, Utah. In aJune 2, 2016 order, Mr. Rober-son’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1683776

ROSS, WILLIAM J., sales agent,Morgan, Utah. In a stipulatedorder dated July 20, 2016, Mr.Ross is alleged to have repre-sented both sides of a transactionwithout obtaining the informedconsent of both parties in a con-tract involving a lease agreementand option to purchase property.Without admitting or denying theallegations, Mr. Ross agreed topay a civil penalty of $3,000 andto complete one hour of continu-ing education in addition to thehours required for the renewal ofhis license. Case number RE-13-65902

RUESGA, BRANDIE LOUISE,7

sales agent, Layton, Utah. In anAugust 24, 2016 order, Ms. Rues-ga’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1685558

SAGERS, JENNIFER L., salesagent, Orem, Utah. In a June 20,2016 order, Ms. Sagers’s applica-tion for licensure was denied dueto facts and circumstances relativeto the 2008 revocation of her certi-fied residential appraiser license.Case number RE-16-83412

SLIMAK, EMILY N., sales agent,Herriman, Utah. In a July 21, 2016order, Ms. Slimak’s license wasgranted and placed on probationfor the initial licensing period dueto her violation of testing centerpolicy. Case number RE-16-84871

SMITH, KRYSTLE SHANNON,sales agent, Salt Lake City, Utah.In a July 6, 2016 order, Ms.Smith’s license was granted andplaced on probation for the initiallicensing period due to criminalhistory. Case number RE-1684553

SMITH, MADISON SIERRA, salesagent, St. George, Utah. In a July29, 2016 order, Ms. Smith’s li-cense was granted and placed onprobation for the initial licensingperiod due to criminal history.Case number RE-16-85019

STAM, CHASE HAROLD, salesagent, Sandy, Utah. In an August24, 2016 order, Mr. Stam’s license

Division of Real Estate

29, 2016 order, Mr. Vierig’s licensewas renewed and placed on proba-tion for the renewal period due tocriminal history. Case number RE-16-85013

VOORHEES, ZACHARY P., salesagent, Payson, Utah. In a June 21,2016 order, Mr. Voorhees’s licensewas granted and placed on proba-tion for the initial licensing perioddue to criminal history. Case numberRE-16-84279

WILLIAMS, DAVID W., sales agent,Lindon, Utah. In an August 5, 2016order, Mr. Williams’s license wasgranted and placed on probation forthe initial licensing period due tocriminal history. Case number RE-16-85134

WOLFLEY, SHAWN RICHARD,sales agent, Providence, Utah. In aJuly 22, 2016 order, Mr. Wolfley’slicense was renewed and placed onprobation for the renewal period dueto criminal history. Case numberRE-16-84882

TIMESHARE

JOHNSON, CRAIG DANIEL, sales-person, Washington, Utah. In an Au-gust 23, 2016 order, Mr. Johnson’sapplication for licensure was denieddue to criminal history. Case numberTS-16-85456

PACKER NEIL L., salesperson,Park City, Utah. In an August 10,2016 order, Mr. Packer’s applicationfor licensure was denied due to crim-inal history. Case number TS-1685212

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Call Us!801-530-6747

Email Us!drenewsletter@utah.gov

Chat With Us!Click here

Division of Real Estate

All Mortgage licenses are renew-able on an annual basis. Renewalrequests can be made on yourNMLS filing between November 1and December 31. You can pre-pare now so that your renewal willgo smoothly by following thechecklists, one for entities (com-panies, branches, dbas) and onefor individuals (loan originatorsand lending managers).

Individual Renewal Checklist(Loan Originators and LendingManagers)

Prior to November 1, 20161. Review your filing in the NMLS

to make sure your informationis current and correct. Thisincludes mailing address,email, phone numbers, name,and employment history.

2. Review your filing to make surethere are no license itemsplaced on your filing. Licenseitems can be deficiencies orrequirements that are pendingon your license and must becleared prior to requesting re-newal. Some common deficien-cies include EmploymentHistory Updates, ACH Pay-ments that may have been re-turned unpaid, requests forinformation about DisclosureQuestions or Credit Reports.Satisfy all pending licenseitems prior to renewal. You may

pleted prior to requestingrenewal. It is recommendedthat to insure an on time re-newal, these hours must becompleted no later than De-cember 15, 2016. The NMLSwill prevent you from request-ing renewal if these hours arenot banked.

5. Utah specific continuing educa-tion on Utah Law (2 hours)must be completed prior to re-newal approval. Note: TheNMLS system will not preventyou from requesting renewal,but if we later find you have notcompleted the 2 hours of Utahlaw, a deficiency will be placedon your filing and your renewalwill not be approved until thehours are completed. To findproviders for this course, youmust go to the Utah Division ofReal Estate website to find alist of approved providers:

http://realestate.utah.gov/forms/MO_CE_Providers1.pdf.

To verify that you have completedthe 2 hour Utah Law class, pleaserefer to the following Division web-site for the current list of licenseesthat have completed the requiredUtah Law class:

http://realestate.utah.gov/mortgage/utah_ce.html

call the licensing department at801-530-6747, if you do not un-derstand your deficiency or needhelp in getting it cleared. When alicense item is placed on yourfiling, you receive an emailthrough the NMLS notifying youof the deficiency or requirement.

3. If your driver’s license numberhas changed, be sure to indicatethis update on your filing, as wellas your US citizenship status.This is found under the Identify-ing Information section on yourMU4 form. If this information isincorrect or incomplete, we mayplace a deficiency on your li-cense requiring you to providethe Division with a copy of theCertificate of Legal Presence.http://realestate.utah.gov/forms/cert_legal_pres_fillable.pdfIf your information is recordedaccurately on your filing, you willnot need to submit this form (Cer-tificate of Legal Presence) to usas you may have done in prioryears.

4. NMLS-approved continuing edu-cation (8 hours) must be com-

Be Prepared!

**REFER TO YOURINDIVIDUAL NMLS

DASHBOARD TO REVIEWANY OUTSTANDING

REQUIREMENTS AND/ORDEFICIENCIES**

9

Division of Real Estate

6. Note: To insure an on timerenewal, these hours mustbe completed no later thanDecember 15, 2016. It is alsoimportant to note that thesehours will not be banked inyour NMLS account. Thesehours will only be tracked inthe Utah DRE database.

7. If your license is on probationand there are requirementsthat must be completed at re-newal, either to have the pro-bation removed or as terms ofthe probation, make sure theseitems are reported to the Divi-sion before you request renew-al. This will aid in getting yourrenewal processed in a timelymanner.

A credit report and backgroundcheck are NOT REQUIRED thisyear.

On or After November 1, 2016:1. You can request renewal. The

renewal fee is $78.00 whichincludes the NMLS processingfee of $30, Renewal fee of$30.00 and Recovery Fundfee of $18.00. You will be re-quired at that time to ATTESTAND SUBMIT to the accuracyof your filing so make sure,once again, that all is correct.

2. If there is a change in youranswers to the DisclosureQuestions, please provide anarrative on your MU4 filingdescribing the nature of theevent(s) or occurrence(s)which led to the “yes” answer

vember 1 and December 31,2015.

If you request renewal prior toJanuary 1, 2017, the license willremain in the status that it wasprior to renewal. If the status wasactive, work can continue as usu-al. Your renewal approval is con-tingent on all requirements beingmet, in which case, the Divisionwill process your renewal asquickly as possible and email yournew license to the email addresslisted.

and provide any related docu-mentation.

3. If you request renewal prior toJanuary 1, 2017, your licensewill remain in the status that itwas prior to renewal. If yourstatus was active, you cancontinue to work as usual.Your renewal approval is con-tingent on all requirements be-ing met, in which case theDivision will process the re-newal as quickly as possibleand email your new license toyou.

Entity License Renewal (com-pany, dbas, branches):

Prior to November 1, 20161. Review MU1 filing and/or MU3

filing to confirm that all the in-formation, company location,mailing address, contact infor-mation, etc., is correct.

2. If there is a change in youranswers to the DisclosureQuestions, you must provide adetailed explanation and up-load documentation to supportyour explanation.

3. Review the entity filing to makesure there are no license itemsplaced on the filing. Theseitems could include things likea returned ACH Payment, up-date qualifying individual, com-pany ownership, etc.

On or After November 1, 2016:1. Request and pay renewal fees

through NMLS between No-10

Division of Real Estate

Appraisal ManagementA rules committee has beenformed to review certain adminis-trative rules relating to appraisalmanagement companies. Thecommittee has not yet made arecommendation to the Utah Realestate Appraiser Licensing andCertification Board.

AppraisalThere are no proposed ruleamendments under considerationfor the appraisal rules.

MortgageThere are no proposed ruleamendments under considerationfor the residential mortgage rules.

Real EstateA rule amendment has been pro-posed which would: 1) make thetopic of Fair Housing a core topicfor real estate continuing educa-tion; and 2) make changes to thebroker experience requirements.

A rules committee has beenformed to consider the advertis-ing rules that apply to real estate

11

licensees. The committee hasbeen meeting to consider thisissue but has not yet made arecommendation to the Real Es-tate Commission.

Timeshare and Camp ResortThere are no proposed ruleamendments under consider-ation for the timeshare andcamp resort rules.

To view and comment on any proposed or amended rules,please visit the Utah State Bulletin at

http://www.rules.utah.gov/publicat/bulletin.htm

Click here to view theDivision calendar andinformation regarding

Commission Meetings!

The Division will beclosed MondayOctober 10th inobservation ofColumbus Day

Division of Real Estate

On occasion, a licensee may re-ceive a request for records fromthe Division. This often occurs inconjunction with the Division re-ceiving a complaint involving thelicensee. According to Utah lawand administrative rules, a licens-ee has 10 business days to providea response to the Division afterreceiving a request for records. If alicensee fails to respond to theDivision within 10 business days,the Division has two options onhow it may resolve the issue. Eachoption impacts the licensee differ-ently.

One option is that the Division mayissue a citation. On May 10, 2016,the Division received statutory au-thority to issue a citation for specif-ic violations, including failure by alicensee to respond to a request ofthe Division. According to statute,fines for citations can be up to, butnot higher than, the followingamounts:

A) $1,000 - for a first offense,

B) $2,000 - for a second offense,

C) $2,000 for each day of contin-ued offense - for each offensesubsequent to a second of-fense.

Another way the Division can re-solve a failure to respond to a re-

quest for records is to schedule ahearing before the respectiveCommission or Board. If a Com-mission or Board were to find aviolation, it may order a sanctionof up to $5,000 per violation, and,in addition, may place a restric-tion on the license.

Many complaints received andinvestigated by the Division canbe quickly resolved once the Divi-sion receives the requested re-cords from a licensee. Thus, it isimperative that licensees re-spond to the Division within therequired 10 business days.

The Division has seen a recentincrease in the number of licens-ees not responding in a timelymanner to request notices. If alicensee receives a request no-tice, but cannot meet the requiredresponse time of 10 businessdays, it is very important to con-tact the assigned investigator assoon as possible. The investiga-tor may allow an extension oftime for the licensee to respond.Investigators are generally verywilling to work with and accom-modate licensees who cooperateand timely contact the investiga-tor.

As in all aspects of life, goodcommunication is essential.

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KAGIE

‘

S

KORNER

Division of Real Estate

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USPAPUniform Standards of Professional Appraisal Practice

On August 16, 2016 the Appraisal StandardsBoard released a Second Exposure Draft ofProposed Changes for the 2018-19 Edition ofthe Uniform Standards of Professional AppraisalPractice. The complete exposure draft can befound here:

https://appraisalfoundation.sharefile.com/share?#/view/sf71676a732044f98

If interested in submitting public comments, theyare due by October 14, 2016.

Proposed changes include:

● Section 1 – Definition of Report and Edits tothe ETHICS RULE and the RECORD KEEP-ING RULE;

● Section 2 – Definitions of Assignment, In-tended Use, and Intended User, and relatededits to the COMPETENCY RULE;

● Section 3 – Definitions of Assumption andExtraordinary Assumption;

● Section 4 – STANDARD 3 – Dividing intoSTANDARD 3, Appraisal Review, Develop-

ment and STANDARD 4, Appraisal Review,Reporting;

● Section 5 – STANDARD 6 – Dividing intoSTANDARD 5, Mass Appraisal, Develop-ment and STANDARD 6, Mass Appraisal,Reporting;

● Section 6 – Removing the term Market Val-ue from STANDARDS 7 and 8;

● Section 7 – Edits to the Personal PropertyCertification in Standards Rule 8-3;

● Section 8 – Advisory Opinion 37, ComputerAssisted Valuation Tools;

● Section 9 – Illustration in Advisory Opinion21, USPAP Compliance;

● Section 10 – Edits to Advisory Opinion 31,Assignments Involving More than One Ap-praiser; and,

● Section 11 – Edits to Advisory Opinion 1,Sales History.

Division of Real Estate

Our Chief Investigator, Jeff Nielsen, hasmoved on to experience a new job opportuni-ty. Jeff has been with the Division for over fouryears. Jeff has been a dedicated, hardwork-ing, loyal member of the Division. AlthoughJeff had no prior work experience in real es-tate, mortgage, and appraisal industries, hebecame a student of these industries. Jeffloved his job and the people he was able toassociate with. The Division is losing an as-set, but we are happy for the time Jeff spentwith us and wish him well in the future.

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For nearly three years Jill Kelsch has worked for theDivision as a Real Estate Licensing Specialist. Jill is atalented and hard working licensing professional. Shehas answered literally thousands of phone calls and livechat inquiries from real estate licensees and the public.Jill has assisted numerous real estate applicants andrenewing licensees with renewal information and proce-dures. Licensees have appreciated her pleasant andhelpful demeanor, and her ability to clearly and simplyexplain licensing processes and procedures.The Division will miss Jill as she transitions now intoretirement. More golfing outings and family visits arenow on the agenda for Jill. We will miss her presence,but wish her a fond farewell and good bye!

Division of Real Estate

!John T. Gonzales has served on theRegulatory Mortgage Commissionfor the past four years. His consid-erable experience of over 20 yearsin the mortgage industry has al-lowed him to make a significant con-tribution to the Commission and themortgage industry. We have appre-ciated his expertise and professionalinput on the myriad of industry-relat-ed questions and issues that havebeen brought before the Commis-sion. Thank you John for all of thetime and effort you have given to themortgage industry in Utah, We wishyou well in all your future endeavors.

John T. GonzalesMortgage Commission

Paul has nearly forty years of experience in the appraisalprofession and holds the MAI designation awarded bythe Appraisal Institute. He is the President of AppraisalGroup, Inc., a commercial real estate appraisal firmbased in Salt Lake.

Previous service as President and board member of theUtah Association of Appraisers gives him many years ofexperience with appraiser regulation and industry issues.Paul graduated with a Finance degree and MBA fromthe University of Utah. A life-time resident of Salt Lake,he currently resides in Cottonwood Heights where he andhis wife Jeanette raised their six children.

“I’m grateful to have had the experience of serving on theBoard. It certainly increased my appreciation for theDivision staff and all the good things they do to help theappraisers in the state. Several years ago Utah lead thecountry in regulating AMC’s. I think the appraisers andthe real estate industry in the state are better off for theleadership and vision which was a part of completingappropriate legislation and regulation for that new aspectof the marketplace. It was so typical of the Board andDivision to tackle difficult problems and find correct solu-tions without overacting. I’m grateful for all the otherBoard members I served with over the years, as well asDirector Stewart and his wonderful staff.”

Our sincere appreciation to Paul for his significant contri-butions to the appraisal industry and for his dedicatedservice on the Appraiser Licensing and CertificationBoard.

Paul W. Throndsen, MAIAppraiser Board

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Division of Real Estate

cializes in the appraisal of recreational proper-ties in Brian Head, Duck Creek, PanguitchLake and the surrounding areas. Jeff has ex-perience in appraising properties in Washing-ton, Iron, Kane, Garfield and Beaver countiesin Utah and in Clark County, Nevada.

In addition to the appraisal of general commer-cial properties, Jeff has experience in the ap-praisal of lodging facilities, restaurants, RVparks, subdivisions, apartment housing andlarge tracts of land. He also has experience ineminent domain appraisal work of fee andpartial interest acquisitions for Right-of-Wayand utility line easements. Jeff is on the UDOTlist of approved appraisers for complex prop-erties.

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ReappointedReal Estate Commissioners Russell K.Booth and Lerron E. Little have been reap-pointed by Governor Gary R. Herbert andconfirmed by the Utah State Senate to servean additional term on the Utah Real EstateCommission. Mr. Booth has been serving asthe Chair of the Commission, and Mr. Littlehas been serving as Vice Chair. Our newChair is Lerron Little and Lori Chapman willnow serve as Vice Chair.

The Division appreciates the time and com-mitment these talented and dedicated indi-viduals have provided over the past fouryears as they have served the real estateindustry in these important assignments.Our sincere thanks goes out to all membersserving on Real Estate Division Commis-sions and Board!

Jeffrey T. Morley

Jeff Morley is a CertifiedGeneral Appraiser inUtah and Nevada, hold-ing the MAI and SRAdesignations from theAppraisal Institute sinceJuly 2014. He has ex-tensive commercial andresidential appraisal ex-perience. Jeff has beenappraising full time forMorley and McConkieLC since 2002. He spe-

Russell K. Booth Lerron E. Little

NOTE: Attendance at the two-day IDW is REQUIRED once every two years for all real estate,mortgage and appraiser pre-licensing instructors. Mortgage and appraisal instructors areinvited to this course although no CE credit can be given. Only Real Estate instructors(pre-license and continuing education) as well as attending real estate licensees, will receive13 hours of core continuing education credit for attendance at this outstanding training event.Please keep in mind that CE credits are only awarded in full-day segments

- Mark FagergrenLicensing & Education

Division Investigators

- Jonathan StewartDivision Director

Hear from the Divisionrepresentatives as theypresent current industryinformation and changes

during the morning sessionOn October 25th.

Eric Storey

Eric B. Storey is currently Senior Vice President and Manager ofCorporate Properties for Zions Bank in Salt Lake City, Utah,overseeing property management, construction/project man-agement, and purchase/leasing of bank properties. He is alicensed Real Estate Broker, Certified General Appraiser, andContinuing Education Instructor in the state of Utah.

Mr. Storey holds the CPM designation from the Institute of RealEstate Management, the CCIM designation from the CCIMInstitute, the SRA designation from the Appraisal Institute, andthe DREI designation from the Real Estate Educators Associa-tion. Eric graduated from Weber State College with a Bachelor’sDegree in urban planning, communications, and family studies.Eric is a past co-leader of the IREM faculty. As a member of theIREM faculty, he teaches the FIN 402, ASM 603,604,605, andthe MPSAXM Prep. Eric is also a MPSAXM Grader.

Mr. Storey is also the founder and CEO of the Equity CapitalInstitute (ECI). ECI publishes articles and creates financialspreadsheets used to analyze equity positions used in realestate investments. Eric recently co-authored “Profitable RealEstate Analysis, The Capital Puzzle”.

Eric is married to April and they have five children. His hobbiesinclude raising Angus beef, playing in a band, and cooking.

Utah is the second driest state in the union. Eric Storey person-ally advanced the cause to include Water law as a core topiccourse for real estate continuing education. Included in thisyear’s IDW, Eric and Tage Flint The General Manager of WeberBasin Water will teach an insightful three hour course entitled“The Flow of H2O – Utah Water Issues (CORE).

Instructor Development Workshop

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Name: ____________________________________________________________________________________

License #: _______________________________ Phone: _________________________

Email: _____________________________________________________________________________________

· 160 E 300 S · PO BOX 146711 · SLC UT 84114

· PHONE: (801) 530-6747 · FAX: (801) 526-4387

· EMAIL: realestate@utah.gov ·

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