Mortgage Referral Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Referral Agreement

"I need a Mortgage Referral Agreement between ABC Lending Inc. (a mortgage lender) and XYZ Realty Group (a real estate brokerage) for referrals in California, with specific provisions for digital lead tracking and a quarterly payment structure starting March 2025."

Document background
The Mortgage Referral Agreement serves as a critical document in the U.S. mortgage industry, establishing compliant referral relationships between various parties in the mortgage lending process. This agreement is essential when mortgage lenders seek to establish formal referral networks with real estate professionals, financial advisors, or other qualified parties. The document must carefully navigate federal regulations, particularly RESPA's prohibition on kickbacks while allowing for legitimate compensation for actual services rendered. It includes specific provisions for compliance, reporting, and quality control measures to ensure adherence to both federal and state regulatory requirements.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Details the specific referral services to be provided

5. Compensation: Outlines the fee structure and payment terms, ensuring RESPA compliance

6. Compliance Requirements: Specifies regulatory compliance obligations under RESPA, TILA, and other applicable laws

7. Representations and Warranties: States parties' qualifications, licenses, and compliance commitments

8. Term and Termination: Defines agreement duration and termination conditions

Optional Sections

1. Marketing Guidelines: Guidelines for co-marketing activities when parties plan joint marketing initiatives

2. Territory Restrictions: Defines geographical limitations of referral activities when referrals are limited to specific regions

3. Training Requirements: Specifies required training for referral activities when specific training is needed for compliance

4. Performance Metrics: Defines performance standards and expectations when measuring referral quality/quantity is important

Suggested Schedules

1. Fee Schedule: Detailed breakdown of compensation structure and payment terms

2. Compliance Checklist: List of regulatory requirements and compliance procedures

3. Required Disclosures: Standard forms and disclosures required by law

4. Licensing Documentation: Copies of relevant licenses and certifications

5. Referral Procedures: Step-by-step process for making and tracking referrals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

RESPA: Real Estate Settlement Procedures Act - Section 8 specifically governs referral fees and kickbacks in mortgage transactions. Critical for determining permissible compensation structures.

TILA: Truth in Lending Act - Requires accurate disclosure of mortgage loan terms and costs to consumers, affecting how referral arrangements must be disclosed.

Dodd-Frank Act: Comprehensive financial reform law that impacts mortgage lending practices, including additional consumer protections and restrictions on mortgage referral practices.

SAFE Act: Secure and Fair Enforcement for Mortgage Licensing Act - Establishes licensing and registration requirements for mortgage loan originators.

Regulation X: CFPB regulation implementing RESPA, providing detailed requirements for real estate settlement procedures and referral practices.

Regulation Z: CFPB regulation implementing TILA, detailing requirements for credit terms disclosure and consumer protections in mortgage lending.

State Mortgage Laws: Various state-specific regulations governing mortgage lending and referral practices, which may impose additional requirements beyond federal law.

Fair Housing Act: Prohibits discrimination in housing-related transactions, including mortgage referrals, based on protected characteristics.

ECOA: Equal Credit Opportunity Act - Prohibits discrimination in credit transactions, including mortgage referrals, based on protected characteristics.

GLBA: Gramm-Leach-Bliley Act - Requires financial institutions to explain their information-sharing practices and protect sensitive data.

AML Regulations: Anti-money laundering regulations requiring verification of identity and source of funds in mortgage transactions.

State Licensing Requirements: State-specific requirements for licensing of mortgage brokers, lenders, and other parties involved in mortgage referral arrangements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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