Wash. Rev. Code » Title 31 · Chapter 31.04
Revised Code of Washington

Wash. Rev. Code § 31.04.035 (2026)

✓ current as of May 2026
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(1) No person may engage in any activity subject to this chapter without first obtaining and maintaining a license in accordance with this chapter.
(2) If a transaction violates subsection (1) of this section, any:
(a) Nonthird-party fees charged in connection with the origination of the residential mortgage loan must be refunded to the borrower, excluding interest charges; and
(b) Loan that is not a residential mortgage loan is null, void, uncollectable, and unenforceable.
(3) The director's obligations or duties under chapter 62, Laws of 2018 are subject to section 21, chapter 62, Laws of 2018.
[ 2024 c 249 s 4; 2018 c 62 s 12; 2013 c 29 s 4; 2010 c 35 s 2; 2009 c 120 s 4; 2008 c 78 s 2; 1991 c 208 s 3.]

Notes:

Short title—Application—2024 c 249: See notes following RCW 31.04.025.
Findings—Declaration—2009 c 120: See note following RCW 31.04.015.
Severability—2008 c 78: See note following RCW 31.04.025.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2005–2024 · leading case: Bryce v. Lawrence (In re Bryce), 491 B.R. 157 (Bankr. W.D. Wash. 2013).
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Bryce v. Lawrence (In re Bryce), 491 B.R. 157 (Bankr. W.D. Wash. 2013). “RCW 31.04.035. At trial, the Plaintiffs indicated that they are no longer pursuing a claim for violations of the CLA and are instead limiting recovery to a violation of the usury statute (RCW 19.”
Bell v. Muller, 118 P.3d 405 (Wash. Ct. App. 2005). · cites it 4× “RCW 31.04.035. The licensee’s loans to a state resident must comply with the CLA “unless such loan is made under the authority of another license issued pursuant to a law of this state or under other authority of a law of this state.”
Matthew Noffke, V. Susan Karstedt (Wash. Ct. App. 2024). · cites it 3× “RCW 31.04.035(2). If an unlicensed lender makes a residential mortgage loan in violation of the CLA, the lender must refund the borrower any “[n]onthird-party fees charged in connection with the origination of the residential mortgage loan .”
Penny Arneson v. Gary Nordlund (Wash. Ct. App. 2015). · cites it 5× “Pursuant to former RCW 31.04.035 (2008), entitled "License required," anyone engaged in the business of loaning money was required to maintain a CLA license: "No person^ may engage in the business of making secured or unsecured loans of money, credit, or things in action without…”
John Somarakis, Tr., V U.s. Bank, Nat'l Ass'n (Wash. Ct. App. 2022). “See RCW 31.04.035, .290-.310. The legislature would not have separately licensed and regulated residential mortgage loan servicers under the Consumer Loan Act if it intended them to be licensed and regulated under the CAA.”
— Wash. Rev. Code § 31.04.035(2) — 1 case
Matthew Noffke, V. Susan Karstedt (Wash. Ct. App. 2024). “RCW 31.04.035(2). If an unlicensed lender makes a residential mortgage loan in violation of the CLA, the lender must refund the borrower any “[n]onthird-party fees charged in connection with the origination of the residential mortgage loan .”
— Wash. Rev. Code § 31.04.035(2)(b) — 1 case
Matthew Noffke, V. Susan Karstedt (Wash. Ct. App. 2024). “RCW 31.04.035(2). If an unlicensed lender makes a residential mortgage loan in violation of the CLA, the lender must refund the borrower any “[n]onthird-party fees charged in connection with the origination of the residential mortgage loan .”
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