• Director's Message 
• New Licensing & Education Manager
• Rule Developments
• Division Staff Spotlight
• REPC Updates
• Licensing & Fingerprinting Update
• AARMR Recap
• 3rd Quarter Licensing & Disciplinary Actions
• Kagie's Korner - Withdrawing Complaints
• Mortgage Renewals
• IDW Announcement
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• Credits

RULE DEVELOPMENTS SINCE JULY 1, 2024

To view and comment on any proposed or amended rules during the public comment period, please visit the Utah State Bulletin at http://www.rules.utah.gov/publications/bulletin.htm   

Appraisal Management Company Rules

The Appraisal Management Company Administrative Rules were amended on April 24, 2024. At this time, no proposed rule amendments are under consideration for the AMC Rules. 

Appraisal

The Division is preparing to file a proposed rule amendment of the Real Estate Appraiser Licensing and Certification Administrative Rules. The Utah Real Estate Appraiser Licensing and Certification Board approved the proposed amendment for filing. It is currently going through the review process before filing the proposed rule with the Office of Administrative Rules. Once the proposed amendment is filed, there will be a public comment period during which any interested person may comment on the proposed rule.  

The proposed rule amendment's primary focus is to incorporate a requirement that an appraiser complete the Valuation Bias and Fair Housing Laws and Regulations Course. The Appraisal Foundation has established a new requirement for this course. It requires trainees, licensees, and certified appraisers to complete the seven-hour course plus a one-hour exam. Following the initial course completion, each appraiser and trainee must complete a similar four-hour course every two years to maintain trainee status or an appraiser credential. 

In addition to the Valuation Bias and Fair Housing Laws and Regulations Course, the proposed rule amendment incorporates the updated January 1, 2024 version of USPAP and increases the maximum valuation of a complex one-to-four residential property that a licensed appraiser may appraise from $250,000 to $400,000.

Mortgage

There are no proposed rule amendments under consideration for the Utah Residential Mortgage Practicing and Licensing Rules. 

Real Estate

The Real Estate Commission has formed two separate committees to consider additional rule amendments. These committees convened several months ago, but no recommendation has been finalized to present to the Commission. The Commission is in the process of reconvening these committees. If a committee recommends changes to the administrative rules to the Real Estate Commission, the Commission will determine whether to begin the rule amendment process.

Timeshare and Camp Resort

There are currently no proposed rule amendments under consideration for the Timeshare and Camp Resort Rules.

Born and raised in Kaysville, Utah, Karissa initially pursued a degree in Elementary Education but soon realized that she loved and was passionate about customer service and helping the public. Karissa desires to improve communication between the Government and its constituents, so she changed her education path and decided to obtain her Bachelor's degree in Communications from Weber State University.

Karissa recently got engaged to her partner, Goliath, and they share a 2-year-old son named Bradley. Karissa and Goliath also have two cats named Aslan and Ghost and an adorable lab puppy named Stella. When she isn't spending time with her family, Karissa loves getting lost in a good story and considers herself a Mario Party expert! She also loves to camp and spend time outdoors with her family.

When asked what she loves about working for the DRE, she stated that she loves how inclusive everyone is. Welcome, Karissa; the Division is glad to have you!

The Real Estate Commission and the Utah Attorney General approved changes to the state-approved Real Estate Purchase Contract (REPC) effective Friday, August 16, 2024. The changes are located at provisions 4.3(e) and (f) in the REPC and concern brokerage compensation as well as sales proceeds withholding. The updated form can be found on the division’s website here.

Fingerprinting Scanner Update

Great news! Our fingerprint scanner is now operational, allowing us to process criminal background checks promptly with our new application submissions.

Licensing & Renewal System Upgrade Continues

The Division is undergoing a vast and much-needed system upgrade to enhance its capabilities significantly. Many features have moved from the existing Real Estate License Management System (RELMS) to the new Online Management System. This transition from RELMS marks a notable improvement in how license management is handled by streamlining many processes to benefit current and new licensees. Managing and applying for a new license will be much easier. Currently, the following features are now available on the new Online Management System website:

• Apply as a New Sales Agent - All Types
• Print License Copy
• View License
• View Receipt
• Name or Address Change Request
• Renew a Sales Agent license
• Renew a Principal Broker License
• Renew an Associate Broker license
• Renew a Branch Broker license.
• View current CE courses taken
• Renew a Dual Broker license

We continue to work on adding more features to the new Online Management System website. Please note that the following functions are still available to access in RELMS:

• Order a license history
• Change license status
• Change license affiliation - Agents
• Order a duplicate license
• Manage a Company roster

Please remember that because this is an ongoing project, you may need to check the Division website frequently to determine which website you must visit to perform certain license management functions.  

We are very excited about these upgrades and appreciate the continued patience of our new and existing licensees.

In August, the Division attended the American Association of Residential Mortgage Regulators (AARMR) conference in New Orleans, LA. 

During the conference, it was mentioned that the NMLS is thinking about reducing the number of statuses to just "Application Submitted" and "Application Completed." This standardization across states could be beneficial, as each state currently uses statuses in different ways. Keep an eye out for any potential changes.

Additionally, some states raised concerns about using the SES system and disclosing sensitive information gathered from other states. Utah also has this concern, and it does not currently utilize this system.

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

To view a copy of an order referenced in this article, please visit the Utah Division of Real Estate Website under the Enforcement Menu, Disciplinary Actions 

https://realestate.utah.gov/realestate/index.html

STEVENS, JOHN GLEN, mortgage loan originator, Salt Lake City, Utah. In an order dated May 22, 2024, the Division entered a finding that Mr. Stevens had engaged in the residential mortgage business while his mortgage loan originator license was inactive, in violation of Utah law. The order prohibited Mr. Stevens from engaging in the residential mortgage business in Utah until he activated his license. Mr. Stevens does not agree with the findings and conclusions of the May 22, 2024, order but acknowledges that those findings and conclusions are grounds for disciplinary action against him. In a stipulated order dated July 31, 2024, Mr. Stevens agreed to pay a civil penalty in the amount of $20,000, payable at the rate of $600 per month. In addition, Mr. Stevens’s mortgage loan originator’s license has been placed on probation for 18 months. On August 22, 2024, Mr. Stevens’s license was activated on probation. Docket number MG-2022-003

VERITAS FUNDING, LLC, mortgage lending company, Midvale, Utah. In a stipulated order dated July 31, 2024, Veritas Funding admits that details were added to a construction loan agreement after the agreement had been signed and closed, contrary to the closing instructions, and resulting in the generation of a false document. The borrower’s initials were not present next to the additions. Veritas Funding admits that these acts and practices are in violation of Utah law. Veritas Funding agreed to pay a civil penalty of $10,000 and that its license be on probation for 18 months. Docket number RE-2024-5056 and Division Case number MG-20-120048

AMIRKHANYAN, VICTORIA R, sales agent, Taylorsville, Utah. In an order dated August 14, 2024, Ms. Amirkhanyan’s license was renewed and, due to a plea in abeyance agreement in a criminal matter during the past licensing period, her license was placed on probation for the renewal period. Docket number RE-2024-067

 ANDERSON, ZACHARY A, sales agent, Draper, Utah. In an order dated August 22, 2024, Mr. Anderson’s license was renewed and, due to a plea in abeyance agreement in a criminal matter during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-071

ARMIN, VESAL, sales agent, Salt Lake City, Utah. In an order dated June 6, 2024, Mr. Armin’s license was reinstated and, due to criminal matters occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-053

BALLARD, CHERI LEE, sales agent, South Weber, Utah. In an order dated August 20, 2024, Ms. Ballard’s license was renewed and, due to a plea in abeyance agreement in a criminal matter during the past licensing period, her license was placed on probation for the renewal period. Docket number RE-2024-069

BARELA, KOURTNEY, sales agent, Harrisville, Utah. In an order dated June 4, 2024, Ms. Barela’s license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Docket number RE-2024-051

BEGAY, ARIANA SHENNAE, sales agent, Orem, Utah. In an order dated July 19, 2024, Ms. Begay’s license was granted, immediately suspended for six months, with a condition of probation for the remainder of the initial licensing period. These restrictions to Ms. Begay’s license are due to her criminal history. Docket number RE-2024-060

BLOCKER, ZACHARY, sales agent, Morgan, Utah. In an order dated July 3, 2024, Mr. Blocker’s license was granted and placed on probation for the initial licensing period due to criminal history. Docket number RE-2024-057

BOWEN, JONATHAN, sales agent, Logan, Utah. In an order dated July 19, 2024, Mr. Bowen’s license was reinstated and, due to a plea in abeyance agreement in a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-063

CALL, JAMI TYLRE, sales agent, Santa Clara, Utah. In a stipulated order dated July 17, 2024, Ms. Call admitted she breached her fiduciary duty to her principal, the buyer in a proposed real estate transaction, by failing to exercise reasonable care and diligence to ensure that settlement funds were secured until the settlement date. The transaction included vacant land and a modular home that was to be placed on the land. Ms. Call represented both buyer and seller as a limited agent. The buyer in the proposed transaction paid a large portion of the purchase price directly to seller with a cashier’s check in Ms. Call’s presence. Ms. Call did not take possession of the check or secure the funds in a brokerage trust account and she did not warn the buyer regarding the dangers of payment without securing title to the property or having fully executed documents. The seller later notified the buyer that they were unable to move the modular home onto the property. The buyer requested that their money be refunded. The seller did not refund the money or transfer title to the vacant land. In addition to breaching her fiduciary duty to the buyer, Ms. Call admits that she acted incompetently by failing to disclose material information to adequately protect the buyer and that her actions failed to conform to acceptable industry standards which caused the buyer to lose their settlement funds. These actions are in violation of Utah law and administrative rules. Ms. Call agreed that her license be placed on probation for two years, to pay a civil penalty of $10,000, and to complete six hours of continuing education in addition to the continuing education required for her next license renewal. Docket number RE-2024-5053, Division Case number RE-20-122018

EAMES, CHRISTOPHER SCOTT, sales agent, Eden, Utah. In an order dated July 19, 2024, Mr. Eames’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-061

EDDY, MICHAEL, principal broker, Layton, Utah. In an order dated July 3, 2024, Mr. Eddy’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-056

FRAME, ELIZABETH MARIE, sales agent, Park City, Utah. In an order dated July 10, 2024, Ms. Frame’s license was granted and placed on probation for the initial licensing period due to criminal history. Docket number RE-2024-059

GALLAGHER, STEVEN, sales agent, St. George, Utah. In a stipulated order dated August 21, 2024, Mr. Gallagher admits that he marketed a property for sale and held himself out to be a licensed sales agent during a period of time that his license status was either inactive or expired on inactive, in violation of Utah law. His license was later reinstated and activated. Mr. Gallagher agreed to pay a civil penalty of $1,000. Docket number RE-2024-5066, Division Case number RE-21-125565 and RE-21-126609

MILES, DERRICK, sales agent, South Jordan, Utah. In an order dated June 5, 2024, Mr. Miles’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-052

MONROE, LASARA NICHOLE, sales agent, Salt Lake City, Utah. In an order dated August 13, 2024, Ms. Munroe’s license was granted and placed on probation for the initial licensing period due to unsatisfied civil judgments. Docket Number RE-2024-066

MUNSON, BRYNN M, sales agent, Clinton, Utah. In an order dated July 19, 2024, Ms. Munson’s license was granted and placed on probation for the initial licensing period due plea in abeyance agreements in criminal matters. Docket number RE-2024-062

OLSEN, JACOB ROBERT, sales agent, North Logan, Utah. In a stipulated order dated August 21, 2024, Mr. Olsen admits that he was convicted of a felony while licensed as a sales agent, which is grounds for disciplinary action. He agreed to pay a civil penalty of $1,000, that his license be revoked, and that he may not reapply for licensure for five years. Docket number RE-2024-5072 and Division Case number RE-22-137910

PECK, STEFFANI, sales agent, Roy, Utah. In an order dated June 21, 2024, Ms. Peck’s license was reinstated and, due to a criminal matter occurring during the past licensing period, her license was placed on probation for the renewal period. Docket number RE-2024-055

PEREZ, AUGUSTIN, sales agent, Clearfield, Utah. In an order dated May 30, 2024, Mr. Perez’s license was granted and placed on probation for the initial licensing period due to criminal history. Docket number RE-2024-049

PERRY, BRANDY, sales agent, St. George, Utah. In a stipulated order dated July 17, 2024, Ms. Perry was a principal and limited agent in a transaction in which she and her husband leased property from a client but failed to provide funds for a security deposit within a reasonable time. The leased property was first leased to another tenant who backed out of the lease after which Ms. Perry and her husband executed their own lease agreement for the property. She later notified the client that she and her husband had leased the property but failed to provide the security deposit until 18 months after it was required to be paid pursuant to their lease agreement. Ms. Perry admits that she violated Utah law and administrative rule as follows: she failed, within a reasonable time, to remit money that belongs to another; she breached a fiduciary duty to her principal in a real estate transaction; and she acted as limited agent in a transaction in which she is a principal. She agreed to pay a civil penalty of $5,000. Docket number RE-2024-5049 and Division Case number RE-21-125756

PERRY, KELLY, unlicensed, St. George, Utah. In a stipulated order dated July 17, 2024, Mr. Perry acknowledges that he is a member manager of property management company registered with the Division, but that he is not a licensed sales agent. Mr. Perry’s wife is a licensed sales agent with the property management company. All communications between a property owner client and the management company were exclusively between the property owner and Mr. Perry. He also negotiated and completed lease agreements, including the negotiation of contract term length, tenant conduct policy, commission percentage, and landlord duties. When a tenant terminated their lease early, Mr. Perry and his wife, executed their own lease agreement for the property with themselves identified as tenants. Mr. Perry later notified the property owner of this lease agreement but failed to provide the security deposit until 18 months after it was required to be paid pursuant to their lease agreement. Mr. Perry’s conduct was unlawful in that he engaged in the business of a sales agent without being licensed, and he failed, within a reasonable time, to remit money that belongs to another. Mr. Perry agreed to pay a civil penalty of $5,000 and to cease and desist from any conduct that requires a license with the Division. Docket number RE-2024-5048, Division Case number RE-21-125755

SALAZAR, STEVEN D, sales agent, Woodscross, Utah. Mr. Salazar agreed to a stipulated order with the Division dated August 21, 2024. Mr. Salazar was the sales agent representing a buyer for the purchase of a new residence from a home builder. The buyer failed to qualify for a loan to complete the purchase and the builder and buyer terminated the REPC. Mr. Salazar declined to return the earnest money deposit. During its investigation, the Division determined that the buyer failed to meet the terms of the financing condition in the REPC and, therefore, was not entitled to the return of the earnest money deposit. The Division requested that Mr. Salazar provide a copy of the written agency agreement with the buyer. He failed produce the agreement. Mr. Salazar’s actions violate Utah law and administrative rules which require a licensee to keep and make available for inspection by the Division a written agency agreement. Mr. Salazar agreed to pay a civil penalty of $1,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Docket number RE-2024-5071 and Division Case number RE-21-128763

SMITH, MADISON SIERA, sales agent, St. George, Utah. In an order dated August 7, 2024, Ms. Smith’s license was renewed and, due to a criminal matter occurring during the past licensing period, her license was placed on probation for the renewal period. Docket number RE-2024-065

SWENSON, ELISHA MARIE, sales agent, Fruitland, Utah. In an order dated July 3, 2024, Ms. Swenson’s license was renewed and, due to a criminal matter occurring during the past licensing period, her license was placed on probation for the renewal period. Docket number RE-2024-058

VELEZ, JARED, sales agent, North Logan, Utah. In an order dated August 22, 2024, Mr. Velez’s license was renewed and, due to a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-070

VILLAR, MATTHEW JOHN, sales agent, Salt Lake City, Utah. In an order dated August 14, 2024, Mr. Villar’s license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Docket number RE-2024-068

WOLPER, NOAH RYAN, sales agent Salt Lake City, Utah. In an order dated August 7, 2024, Mr. Wolper’s license was renewed and, due to a plea in abeyance agreement in a criminal matter occurring during the past licensing period, his license was placed on probation for the renewal period. Docket number RE-2024-064

What happens after the Division receives a complaint and the Complainant wishes to withdraw their complaint?

There are times when a Complainant contacts the Division and requests to withdraw their complaint.   There are several reasons behind this request. The Complainant may have received threatening communication from the Respondent. They may have to withdraw their complaint as part of settlement terms in a civil lawsuit. Or they no longer want to be involved. Whatever the reason, once a complaint is filed with the Division, the Complainant becomes the State of Utah. The Division typically will not close an investigation based on a request to withdraw a complaint. 

This is due in part to the Division's mission statement “to protect the public” and to make sure there is no possibility of statute or administrative rule violations by the licensee.

Before November 1st, 2024

1. Review your MU4 filing in the NMLS to ensure your information is current and correct. This includes your name, mailing address, email, phone number(s), and employment history.
2. Review your NMLS filing to make sure there are no license items. License items can be deficiencies or requirements pending on your license and must be cleared prior to requesting renewal. When a license item is placed on your filing, you receive an email through the NMLS notifying you of the deficiency or requirement. Some common deficiencies include employment history updates, returned ACH payments that remain unpaid, and requests for information about disclosure questions or credit reports. Please satisfy all pending license items prior to renewal. You may call the Division of Real Estate at 801-530-6747 if you do not understand a noted deficiency or need help clearing it. For assistance in navigating the NMLS system, please contact the NMLS Call Center at (855)-665-7123. NMLS Support staff will assist you with NMLS system use issues and in requesting your license renewal online.
3. If your driver’s license number has changed, be sure to indicate this update on your filing, as well as your US citizenship status. This information can be found under the identifying information section on your MU4 form. If your data is incorrect or incomplete, we may place a deficiency on your license, requiring you to provide the Division with a copy of the Certificate of Legal Presence. If your information reflects accurately on your MU4 filing, you will not need to submit a Certificate of Legal Presence to us as you may have done in prior years.
4. Education:  NMLS-approved continuing education (8 hours), the Utah Law Course (1 hour), and *MLOs licensed between November 1, 2023 and October 31, 2024, must have completed the Utah Post License MLO Course (5 hours) by October 25, 2024 if they wish to renew their mortgage license. Lending Managers are NOT required to complete the Utah MLO Course. All continuing education requirements must be completed prior to requesting renewal. It is recommended that these hours be completed no later than December 15th, 2024, in order to ensure an on-time renewal. The NMLS will prevent you from requesting renewal if these CE hours are not banked in the NMLS before December 31, 2024.
5. If your license is on probation and there are requirements that must be completed at renewal, either to have the probation removed or as terms of the probation, make sure these items are reported to the Division before you request renewal. This will aid in getting your renewal processed on time.

*MLOs LICENSED BETWEEN NOVEMBER 1, 2023 AND OCTOBER 31, 2024 MUST HAVE COMPLETED THE UTAH POST LICENSE MLO COURSE (5 HOURS) BY OCTOBER 25, 2024 IF THEY WISH TO RENEW THEIR MORTGAGE LICENSES ON NOVEMBER 1st. You will be prevented from renewing until your hours are banked on the NMLS and the division has removed the prevent renewal from your license.

On or After November 1st, 2024: 

• You may request renewal of your license through the NMLS. The renewal fee is $78.00, including the NMLS processing fee of $30, the Renewal fee of $30.00, and the Recovery Fund fee of $18.00. You will be required at that time to ATTEST to the accuracy of your filing, so make sure, once again, that all is correct.

1. If there is a change in your answers to the disclosure questions, you must upload the required documentation and provide an explanation of the difference in your filing.
2. If you request your renewal prior to January 1st, 2025, your license will remain in the status that it was prior to your request for renewal. If your status was active, you may continue to work as usual while your request is being reviewed. Approval of your request for renewal is contingent on all requirements being met.

A credit report and background check are NOT REQUIRED this year.

Prior to November 1st, 2024: 

1. Review MU1 filing and/or MU3 filing to confirm that all the information, including company location, mailing address, contact information, etc., is correct.
2. If there is a change to any of your answers to the disclosure questions, you must provide a detailed explanation and upload documentation to support your explanation.
3. Review the entity filing to ensure there are no license items. These items could include a missing quarterly *MCR report, returned ACH payment, updating the qualifying individual, company ownership, etc. 

*MCR reports are required to be filed at the end of each quarter; companies with missing reports that are past the 75-day deadline will be prevented from renewing and could be subject to license denial and/or fines.

5. Provide a CURRENT Certificate of Existence for all entities & DBAs from the Utah Division of Corporations. Please upload your certificate to the Certificate of Authority/Good Standing section document upload of your MU1 filing. You may replace your 2023 certificate with the new 2024 certificate.

On or After November 1st, 2024: 

Request and pay renewal fees through NMLS between November 1 and December 31, 2024. If your renewal is requested prior to January 1, 2025, your license will remain in the status that it was prior to your request for renewal. If your license status was active, work may continue as usual while your renewal request is in review. Approval of your request for renewal is contingent upon all requirements being met, in which case, the Division will process your request as quickly as possible. A new 2025 license will be emailed to the email address listed in the regulator's contact information.

Each year, the Division hosts an Instructor Development Workshop, providing instructors with an opportunity to develop and enhance their teaching skills. All real estate, mortgage, and appraiser pre-licensing instructors, as well as real estate continuing education instructors who teach any of the mandatory courses, are required to attend this workshop once every two years.* It is also an excellent opportunity for licensed instructors and those considering becoming instructors to attend. This year's event takes place Tuesday and Wednesday, October 8th & 9th, at the DoubleTree Suites by Hilton Hotel Salt Lake City, 110 West 600 South, Salt Lake City, UT 84101. 

We are excited to announce and introduce this year's guest speaker, Maurice Taylor, DREI, GSI. Maurice Taylor has spent over twenty years in the real estate industry and is a broker at Coldwell Banker RPM in North Little Rock, Arkansas. He also serves as a member of the REALTORS® Multi-Million Dollar Club, which recognizes him for his outstanding sales performance. In 2008, he was named 'REALTOR® of the Year' by the North Pulaski Board of REALTORS®, and in 2011, 'REALTOR® of the Year' by the Little Rock Board of REALTORS®. He is a past president of the Arkansas REALTORS® Association and a member of the National Association of REALTORS®. Currently, he serves as the President of REEA, the Real Estate Educators Association. He also serves as an elected official for the North Little Rock City Council. As the Principal Instructor at Vivid Real Estate Learning Center, Maurice is passionate about education. He teaches pre-, post-, and continuing education and believes "Education is the absolute key to success."

We are excited about this year's event and the valuable training Mr. Taylor will provide to our instructors. We look forward to seeing you soon!

*Mortgage and appraisal CE instructors are invited to attend this workshop, but please keep in mind that CE credit CAN NOT be given*

Did you know……

The Division of Real Estate is on Facebook and Instagram making it easier than ever to stay connected and in the know!

Both are great places to stay up to date on renewal dates, deadlines, rule and industry updates, event announcements, and much more. Click the links below and be sure to follow our pages!