This posting is intended for Homebuyers.  FHA does not allow Loan Officers to hold a Real Estate License.  They consider it to be a conflict of interest.  If you think about it, typically, Realtors earn about 3% of the purchase price in gross commissions.  If they are also doing your loan, there could be a temptation to 'fudge' numbers or worse, create fraudulent documents in order to 'get the loan approved.'   Further, although it may seem easier, are you really getting the best rate and the lowest fees?  Be sure to shop around. You have 15 days to shop for a mortgage with only a 1 point impact to your credit score.  If a Loan Officer tells you otherwise, they are lying.

 
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6 Comments on FHA Loan Officers cannot hold an Active Real Estate License

APR
11
2008
If this were true nobody would be do do FHA loans in California (where it is required to have r/e license to originate loans)
12:21pm • #1
APR
16
2008
What if the real estate agent/licensee  isn't doing FHA loans but the Mortgage Broker  he works for offers FHA loans?  ie.  Doing conventional or commerical loans only within the same Mortgage Brokerage?  Can the loan officer then have an active real estate license?
9:35am • #2
MAY
03
2008
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My understanding is that if the Loan Officer does FHA loans, HUD requires that LO to give up the real estate license.  For clarification, go the the HUD site and submit a formal question to them.
3:56pm • #3
JUL
11
2008

I'm a Mortgage Banker in Oregon.  I also held a real estate license.  When I heard about this rule, I was forced to give up my real estate license, or go work for a non-FHA company.  HUD confirmed with us directly that they will not allow any COMPANY who has ANY loan originators, appraisers, underwriters who hold a real estate license, to do FHA loans.  They are cracking down.  Basically a 100 person company with 1 realtor could cost the entire company its FHA qualifications. 

I used to do many deals as both LO and realtor.  I had the clients locked to me.  Most of the time, I actually made more on the loan than if I were to compete for it.  Not good for clients to have one person doing both.

9:17am • #4
MAR
29

                                                                              Mr. Greed

 

This 'requirement' is poorly written at best and at worst, ludicrous. I daresay it is like telling a PhD in Finance that they are over (meaning somehow not) qualified to work as a bank teller. Why, after all that education and building up of ones professional credentials and expertise, should one be forced to choose? I just got off the phone with you Molly - you know my horror story - and we spoke at some length about this counterproductive and misapplied regulation.

As long as the dual licensee is not working both sides of the same  transaction, where exactly is the harm? If one were serving as both the loan officer and the single agent on the SAME property, this regulation would make sense.

As it is, it is too vague and stalls the productivity of the already stagnated financial sector, exacerbating contraction on both the lender and borrower sides of the equation and practically guaranteeing that we remain mired in our SHARED miserable state of economic affairs.

In the state where I reside - Florida - dual agency is forbidden. That of course makes sense - you can't very well be loyal in your fiduciary capacity to both the seller and the buyer. The closest you get to 'the best of both worlds' is a transaction brokerage relationship; "...get 'er done."

When you obtain favorable loan terms and help a couple or single woman or man achieve their dream of owning a home, what can possibly be wrong with that? Mortgage brokers now have a cap on their fees. If one is competent, licensed, willing and able to help a client with multiple challenges, I feel all stops should be pulled.

This is not a question of greed or monopolizing a market. Good or poor service speaks for itself - resulting volumes of referrals, or clients running the other way to find a competent professional, respectively.

 

Greed is bad - competition is good. 

 

 

 

1:15pm • #5
MAY
11

FHA is delirious.  With all of the mandatory hours and state testing that is required from both the loan officer and real estate agents, the checks and balances are too great for fraud.  If fraud is going to happen it is going to happen.  Ethics, ethics, ethics.  I recently saw one of my buyers get charged over $7,000 from the mortgage broker and bank on a purchase.  If I had done the financing, I could have saved him that $7,000.  FHA has much bigger problems than checking to see if the loan officer or banker has a real estate license.   

7:46am • #6

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Molly Lionberger

Easton, MD

More about me…

Prosperity Mortgage

Address: 1315 Mt. Hermon Road, Salisbury, MD, 21804

Office Phone: (443) 523-5599

Cell Phone: (443) 523-5599

Email Me

The purpose of my blog is to provide mortgage industry information that will help homebuyers obtain the best financing for their individual needs and to help realtors close more deals. Knowledge is power. With the changing of the rules within the mortgage industry, it is more important than ever for realtors to know basic credit guideline rules.


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