Duty Statement



Department of Real EstatePosition Duty StatementRE 108 (rev. 07/20)Employee’s NameClassification TitleSpecial InvestigatorDivision/Section/UnitEnforcement/Mortgage Loan ActivitiesWorking TitleSpecial InvestigatorGeographic LocationSacramentoPosition Number414-310-8612-005Effective DateUnder direction of the Supervising Special Investigator I, the Special Investigator is responsible for conducting investigations into the backgrounds of applicants and licensees that will include criminal history, financial history, regulatory and civil actions. The Special Investigator will also monitor mortgage loan activities and reports and take steps to obtain compliance or refer for formal disciplinary action. Duties include, but are not limited to, the following:Specific Assignments [w/ Essential (E) / Marginal (M) Functions]30%Review Mortgage Loan Origination (MLO) applications to investigate the backgrounds of applicants and licensees who may have evidence of criminal history based on fingerprint records received by the department, adverse financial history, regulatory sanctions and/or civil actions. Search court records for evidence of convictions and judgments. Obtain copies of documents from courts and law enforcement agencies. Interview applicants and licensees who have criminal convictions, financial issues, regulatory actions and/or civil judgments. Process approval when the investigation concludes that there is no evidence of fraud, dishonesty, breach of trust or money laundering. Refer MLO filings to the Legal section for processing of a license denial, revocation or suspension for applicants or licensees who are found to have committed fraud, dishonesty, breach of trust or money laundering. In some instances disciplinary action against the DRE license may also be appropriate as a result of the MLO background investigation. (E)20%Review incoming reports of broker trust accounts received by mail following each quarter and each fiscal year for evidence of compliance with trust fund handling laws and regulations. Log the incoming reports into the computer record in the Enterprise Information System (EIS). Review reports of business activities and reports of escrow activities received in online submissions. Compile yearly reports of mortgage loan data. Monitor delinquent reports. Order audits when evidence of possible non-compliance is discovered and review resulting audit reports that are routed from the auditor. Refer audit report to the Legal section for disciplinary action, such as revocation or suspension of the real estate license, when the audit findings include evidence of non-compliance with the real estate laws. Refer to the Cite and Fine section for assessment of penalty fees and orders of correction. (E)15%Answer questions received by telephone, fax, letter or in person that are related to real estate laws and regulations from licensees, consumers, attorneys and legislators referencing the Mortgage Loan Disclosure Statements, Lender Purchaser Disclosure Statements, Article 7 loan limitations, loan servicing requirements, trust fund handling procedures, licensing requirements, MLO credit reports and criminal history reviews, mortgage loan advertising, advance fees for real estate services, threshold transactions and reporting, multi-lender transactions and reporting and mortgage loan complaints. Write articles about new legislation, licensee requirements and consumer protection for the department’s periodic bulletin. Provide training for department investigators, auditors, legal staff and supervisors which includes real estate laws and regulations; investigative procedures; case processing; mortgage loan originator requirements; mortgage loan advertising compliance; and mortgage loan activity fraud prevention. (E)15%Access the NMLS system at least quarterly and as often as necessary to monitor reports of mortgage loan activities and financial condition for mortgage loan originator license endorsees for evidence of compliance with real estate laws and regulations. Take steps to gain broker compliance when violations are identified and refer to the Cite and Fine section for assessment of penalty fees and orders of correction when the real estate broker’s compliance with reporting requirements cannot be obtained. (E)10%Review complaints received by mail, fax or the online complaint form from various sources about mortgage loan advertising. Identify possible violations of real estate law. Take steps to gain broker compliance and refer to the Legal section for disciplinary action such as revocation or suspension against the real estate license when broker compliance cannot be obtained or refer to the Cite and Fine section for assessment of penalty fees and orders of correction. (M)5%Identify unlicensed mortgage loan activities by searching for evidence on the internet, by phone and in person. Investigate the activities to determine whether all components of licensed activity are present. Refer evidence of violations of real estate licensing laws to the Legal section for desist and refrain orders to be issued. Refer to Cite and Fine section for assessment of penalty fees and orders of correction. (M)5%Review proposed advance fee agreements that are mailed into the department, by real estate brokers, to determine whether they conform to consumer protection real estate laws. Notify brokers when these agreements can or cannot be used, based upon the determination that the advance fee agreement is or is not in compliance with real estate laws. Provide evidence related to the review of the advance fee agreements that have been received by the department from licensees, to other department investigators and legal counsel, who are in the process of investigating or taking formal license disciplinary action such as revocation or suspension against the real estate license for violations of real estate laws. Review complaints of mortgage loan transactions received by mail, fax or online complaint form for possible informal resolution or investigation and referral to the Legal section for desist and refrain order, revocation, or suspension. Provide testimony about the real estate law and regulations at administrative hearings and criminal prosecutions. Review Mortgage Lender Activity reports received by mail for possible violation of loan discrimination laws. Forward these reports and findings related to possible discrimination issues to the Department of Business Oversight for compiling the yearly activity report of fair lending. (M)Supervision ReceivedThe Special Investigator reports directly to, and receives the majority of assignments from, the Supervising Special Investigator I; however, direction and assignments may also come from the unit’s lead Special Investigator(s), Supervising Special Investigator II, the Assistant Commissioner or the Chief Deputy Commissioner.Supervision ExercisedNoneAdministrative ResponsibilityNonePersonal ContactsThe Special Investigator has frequent contact with licensees, MLO applicants, complainants, legal representatives, legislative staff members and court staff to collect evidence and information, provide status, seek compliance with real estate laws and regulations and refer for formal disciplinary action. The incumbent also provides members of the public with information about license laws, MLDS, LPDS, Article 7 loan limitations, loan servicing, trust fund handling, MLO credit reports and criminal history review, advertising, advance fees, threshold transactions and reporting, multi-lender transactions and reporting and mortgage loan complaints. Actions and ConsequencesFailure to perform timely reviews, make thorough and accurate assessments and judgments may result in harm to the general public, or unjustified determinations against real estate licensees. Failure to exercise good judgment in responding to requests for public information or in the handling of sensitive issues may result in incorrect information being released, which could jeopardize the confidence and integrity of the Department of Real Estate.Functional RequirementsThe Special Investigator works 40 hours per week and is required to work both indoors and outdoors, depending on the situation he or she is involved in, at any given time. While indoors, the temperature and humidity is reasonably controlled, but while outdoors, the employee is exposed to climatic conditions. The incumbent must be able to remain in a stationary position 50% of the time and must occasionally move about inside the office to access files and documents from the file cabinets and office machinery (i.e. printer, fax machine, copy machine). The incumbent is required to travel throughout an assigned geographical area by various methods of transportation.Other InformationThe Special Investigator must possess good communication skills, use good judgment in decision-making, use tact and flexibility when interacting with others, manage time and resources effectively and be responsive to department management needs. The incumbent is expected to maintain the privacy and confidentiality of documents and topics pertaining to individual or to sensitive investigative matters at all times. This position requires working in and driving to, various locations. In addition, the employee is required to maintain regular and consistent attendance; report to work on time; work his/her full day and work under changing priorities and deadlines. In addition, the incumbent is required to dress and act professionally, work cooperatively with others and exhibit courteous behavior towards coworkers and the public. Knowledge and proficiency in the use of personal computers and standard office software is desired. A valid California Driver License is required.Title 11, section 703(d) of the California Code of Regulations requires criminal record checks of all personnel who have access to Criminal Offender Record Information (CORI). Pursuant to this requirement, applicants for this position will be required to submit fingerprints to the Department of Justice and be cleared before hiring. In accordance to DRE’s CORI procedures, clearance shall be maintained while employed in a CORI-designated position. Additionally, the position routinely works with sensitive and confidential issues and/or materials and is expected to maintain the privacy and confidentiality of documents and topics pertaining to individuals or to sensitive program matters at all times.This position is subject to the provisions of 2 Cal. Code of Regs. §18730, which contains the Conflict of Interest Code for the Department of Real Estate.I have read and understand the duties listed above and I can perform these duties with or without reasonable accommodation. (If you believe reasonable accommodation is necessary, discuss your concerns with the hiring supervisor. If unsure of a need for reasonable accommodation, inform the hiring supervisor, who will discuss your concerns with the Health & Safety analyst.)________________________________________________________________________Employee’s SignatureDate______________________________________Employee’s Printed Name – Classification I have discussed the duties of this position with and have provided a copy of this duty statement to the employee named above.________________________________________________________________________Supervisor’s SignatureDate______________________________________Supervisor’s Printed Name – Classification Rev: 06/2021 ................
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