Industry Trade Groups Join NAMB to Express Their Concern About LO Compensation Rules – NMP Skip to main content

Industry Trade Groups Join NAMB to Express Their Concern About LO Compensation Rules

Mar 04, 2011

The National Association of Mortgage Brokers (NAMB) and six other industry groups have written a letter to Ben S. Bernanke, chairman and Sandra F. Braunstein, director of the Consumer and Community Affairs Division for the Board of Governors of the Federal Reserve System, voicing further their concern over the terms “affiliate” and “third-party charges” used in the Board’s final rule regarding loan originator (LO) compensation practices, scheduled to take effect April 1, 2011. The collective group is asking the Federal Reserve Board (FRB) to review their interpretation of these terms to avoid, as the letter states, "irreparable injury to the various members of our associations, to competition in the marketplace, and to consumers if they are adopted." Others joining NAMB in their request to the FRB to further clarify the rule include the Community Mortgage Banking Project (CMBP), Consumer Mortgage Coalition (CMC), National Association of Homebuilders (NAHB), National Association of Realtors (NAR), Real Estate Services Providers Council Inc. (RESPRO) and The Realty Alliance. The FRB's LO compensation rule contains two key prohibitions: It prohibits payment to originators based on loan terms or conditions or proxies for them, and it prohibits what has been deemed "dual compensation of loan originators" by consumers and other parties, including those who often pay compensation (or at least ensure that brokers obtain some form of compensation) for brokering loans to them. The LO compensation rule, officially known as "Regulation Z; Docket No. R-1366, Truth-in-Lending," was originally published in the Federal Register on Sept. 24, 2010, and has come under fire from a number of organizations for being too vague, including the Small Business Administration's Office of Advocacy. SBA Advocacy wrote a letter in January to the FRB stating that a compliance manual was never issued by the Federal Reserve on their rule and asked for additional time for businesses to comply with the changes to Regulation Z due to the fact that the compliance guide was not available at the time of publication of the rule. SBA Advocacy followed up with a second letter in February again seeking a delay in the April 1st implementation of the rule. In the latest letter to the FRB, the collective group suggests two solutions to rectify the issue: ►For the FRB to continue to define an “affiliate” as one person, but to interpret the term “third-party” to include affiliates so that the fees of third-party title companies, appraisal companies, real estate brokers, etc. (whether affiliated with the originator or not) may be exempted from loan originator compensation so long as they are bona fide and reasonable. ►To limit the definition of “affiliate” to include mortgage lending and mortgage brokering businesses as specifically stated in the rule but not to include non-mortgage providers in that definition.
About the author
Published
Mar 04, 2011
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026