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#1053728 - 09/30/08 03:39 PM Responsibility if no lender-paid fee to broker
lblu Offline
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lblu
Joined: Sep 2003
Posts: 273
If a lender does not pay any compensation to a broker for loan referrals (i.e. the borrower pays fees by agreement directly with broker), what responsibilities remain with the lender receiving the referral regarding broker performance required to earn the compensation from the borrower? Does the lender need to ensure that it does not have duplicate charges (ie appraisals, credit bureau reports, etc)?
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Lending Compliance
#1053963 - 09/30/08 05:11 PM Re: Responsibility if no lender-paid fee to broker lblu
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,568
Bloomington, IN
The fee still has to be disclosed as POC on the HUD and you are correct that there cannot be any duplicate fees.

I would get a copy of the broker agreement for documentation that you are not directly or indirectly paying the broker for the referral.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#1119924 - 01/30/09 03:29 PM Re: Responsibility if no lender-paid fee to broker Dan Persfull
Compliance Audit Offline
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Joined: Mar 2005
Posts: 200
In this case - what about the origination fee - if the borrower pays the broker according to a separate agreement, can the bank also charge an originaton fee.

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#1119977 - 01/30/09 04:05 PM Re: Responsibility if no lender-paid fee to broker Compliance Audit
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,568
Bloomington, IN
Who's originating the loan request, you or the broker? Wouldn't the broker be originating the request and you processing the request.

An exert from the linked document:

http://www.hud.gov/offices/hsg/sfh/res/resp0222.cfm

. . . While mortgage brokers may receive part of their compensation from a lender, where the lender payment duplicates direct compensation paid by the borrower for goods or facilities actually furnished or services actually performed, Section 8 is violated. . . . .
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The opinions expressed are mine and they are not to be taken as legal advice.

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