SB5109 • 2026

Mortgage lending fraud acc.

Concerning the mortgage lending fraud prosecution account.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Senator Kauffman, Senator Stanford, Senator Lovelett, Senator Nobles
Last action: 2026-03-12
Official status: S Rules 3
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Mortgage lending fraud acc.

What This Bill Does

Mortgage lending fraud acc.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

5109 AMH COUT VANJ 208

1214 • Couture

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5109 AMH COUT VANJ 208 1 - Official Print EFFECT: Removes the increase to the mortgage lending fraud document recording surcharge and returns it to the current law amount of $1 per recorded deed of trust, rather than $5.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5109 AMH COUT VANJ 208 1 - Official Print EFFECT: Removes the increase to the mortgage lending fraud document recording surcharge and returns it to the current law amount of $1 per recorded deed of trust, rather than $5.
5109 AMH COUT VANJ 208 SB 5109 - H AMD 1214 By Representative Couture NOT CONSIDERED 04/27/2025 On page 1, line 7, after "surcharge of" strike "((one dollar)) $5" and insert "one dollar" --- END

5109 AMH COUT VANJ 207

1215 • Couture

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5109 AMH COUT VANJ 207 1 - Official Print EFFECT: Reinstates the expiration date of June 30, 2027 for the mortgage lending fraud document recording surcharge and the Mortgage Lending Fraud Prosecution Account.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5109 AMH COUT VANJ 207 1 - Official Print EFFECT: Reinstates the expiration date of June 30, 2027 for the mortgage lending fraud document recording surcharge and the Mortgage Lending Fraud Prosecution Account.
5109 AMH COUT VANJ 207 SB 5109 - H AMD 1215 By Representative Couture NOT CONSIDERED 04/27/2025 On page 1, at the beginning of line 21, strike "(((3) This section expires June 30, 2027.))" and insert "(3) This section expires June 30, 2027." On page 2, at the beginning of line 14, strike "(((2) This section expires June 30, 2027.))" and insert "(2) This section expires June 30, 2027." --- END

Bill History

2026-03-12 Senate
By resolution, returned to Senate Rules Committee for third reading.

Official Summary Text

Mortgage lending fraud acc.

Current Bill Text

Read the full stored bill text

AN ACT Relating to the mortgage lending fraud prosecution 1
account; and amending RCW 36.22.181 and 43.320.140.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.22.181 and 2021 c 31 s 1 are each amended to read 4
as follows: 5
(1) Except as provided in subsection (2) of this section, a 6
surcharge of ((one dollar)) $5 shall be charged by the county auditor 7
at the time of recording of each deed of trust, which will be in 8
addition to any other charge authorized by law. The auditor may 9
retain up to five percent of the funds collected to administer 10
collection. The remaining funds shall be transmitted monthly to the 11
state treasurer who will deposit the funds into the mortgage lending 12
fraud prosecution account created in RCW 43.320.140. The department 13
of financial institutions is responsible for the distribution of the 14
funds in the account and shall, in consultation with the attorney 15
general and local prosecutors, develop rules for the use of these 16
funds to pursue criminal prosecution of fraudulent activities within 17
the mortgage lending process. 18
(2) The surcharge imposed in this section does not apply to 19
assignments or substitutions of previously recorded deeds of trust.20
(((3) This section expires June 30, 2027.))21
S-0115.1
SENATE BILL 5109
State of Washington 69th Legislature 2025 Regular Session
By Senators Kauffman, Stanford, Lovelett, and Nobles
Prefiled 12/23/24. Read first time 01/13/25. Referred to Committee
on Business, Financial Services & Trade.
p. 1 SB 5109
Sec. 2. RCW 43.320.140 and 2021 c 31 s 2 are each amended to 1
read as follows: 2
(((1))) The mortgage lending fraud prosecution account is created 3
in the custody of the state treasurer. All receipts from the 4
surcharge imposed in RCW 36.22.181, except those retained by the 5
county auditor for administration, must be deposited into the 6
account. Except as otherwise provided in this section, expenditures 7
from the account may be used only for criminal prosecution of 8
fraudulent activities related to mortgage lending fraud crimes. Only 9
the director of the department of financial institutions or the 10
director's designee may authorize expenditures from the account. The 11
account is subject to allotment procedures under chapter 43.88 RCW, 12
but an appropriation is not required for expenditures.13
(((2) This section expires June 30, 2027.))14
--- END ---
p. 2 SB 5109