If a bank pays their loan officers part of the fee retained by the bank would this have to be included in the points and fees? If so, wouldn't there be a duplication?

I am hoping someone can shed some light on the points and fees pertaining to compensation in 1026.32(b)(1)(ii). This was covered some in the Lending Compliance conference but I am still confused. A comment was made that if it is straigt salary - no issue. If complensation - have issue.

Would someone please expand on this since it says "all" compensation.

"(ii) All compensation paid directly or indirectly by a consumer or creditor to a loan originator, as defined in § 1026.36(a)(1), that can be attributed to that transaction at the time the interest rate is set"

Same here. Our MLO is asking, "Does this include the sale to Fannie when the loan is sold?".

Salary isn't included. I would have to find that section. But the CFPB is going to determine whether the actual hours can be tied to that transaction, and then it could possibly be included in the points and fees.
Clear as mud.

Page 173 states "The base salary of a loan originator is also excluded..." The next sentence talks about consideration of the hourly wages.