Mortgage Broker Fee Agreement Explained
- Federal and state laws require mortgage brokers to provide consumers with specific financial documents, such as a good faith estimate and a broker fee agreement that discloses the terms of service and the associated costs for conducting a loan transaction. Consumers who accept the terms of the broker agreement fee are required to sign and date the disclosure.
- Mortgage lenders and state regulators require mortgage brokers to obtain a signed fee agreement that is generally dated within three days of an applicant's signed residential mortgage loan application. The requirement ensures that mortgage brokers will inform consumers of the anticipated service fees. Some mortgage lenders prohibit mortgage brokers from receiving compensation for transactions that exceeded the time frame to obtain a signed fee agreement.
- Services that a mortgage broker performs are listed in the broker fee agreement. A typical mortgage broker fee agreement reflects services such as helping a borrower with a loan application, answering loan-related questions and processing loan qualification documents. Most mortgage broker fee agreements indicate that a broker will use a network of lending sources to help borrowers locate a favorable mortgage loan.
- Mortgage broker fees are often displayed as loan origination charges, as well as loan commitment or loan processing fees. Brokers typically will not receive compensation for a loan transaction that does not close. Accordingly, mortgage brokers do not receive fees prior to the closing of escrow. Mortgage lenders also prohibit mortgage brokers from receiving fees that exceed the compensation reflected in the mortgage broker fee agreement.