Ohio allows dual capacity in real estate transactions

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

Recently, the Ohio Division of Financial Institutions released a letter to repeal prior guidance banning mortgage professionals from acting as both a mortgage professional and a real estate agent in the same transaction. This “dual capacity” was originally banned in the Divisions Mortgage Brokers & Lenders Letter 2006-1 to prevent conflicts of interest that might arise when a single person would both complete a sale and obtain financing for that sale. After the repeal, the Ohio Division of Financial Institutions required licensed mortgage loan originators to disclose when they or an associate will act as a realtor in connection with a property’s sale and to inform and obtain a signature from the buyer. Signatures can be obtained on the Dual Capacity Disclosure Form.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide