Remaining in Compliance With Advertising Guidelines – NMP Skip to main content

Remaining in Compliance With Advertising Guidelines

Nov 02, 2011

The purpose of advertising any product or service is not to sell the product per se, but to get the consumer to take action. From the dawn of advertising, deceptive or misleading advertising generated the most amounts of interest and activity. Advertising claims became so outrageous that congress formed the Federal Trade Commission (FTC) in 1914 with its primary focus to stop unfair methods of competition in commerce. The federal rules for advertising mortgage loans state that if an ad contains any of the triggering terms below, it requires that the amount of the downpayment, the terms of repayment and the annual percentage rate (APR) be disclosed: ►The amount or percentage of a downpayment ►The number of payments or period of repayment ►The amount of any payment ►The amount of any finance charge If an interest rate is stated, you must provide the APR in the same type size as the interest rate. Essentially, if you tell part of the story, you need to tell the rest of the story. Deceptive or misleading advertising The FTC, U.S. Department of Housing & Urban Development (HUD) and many State Banking Departments are focusing on Deceptive or Misleading Advertising, and from the recent settlements, you may be surprised by some of their interpretations. Here are some of the things mortgage companies have been cited for: ►Using FINAL NOTICE OF RATE INCREASE and LOAN SERVICING DEPARTMENT instead of their company name in the area normally used for a return address. ►Saying “Skip up to two mortgage payments” and “No out-of-pocket closing costs” in a mail solicitation. ►Displaying a misleading Federal Housing Administration (FHA) seal in a manner that falsely represents that the mortgagee’s business services or products originate from HUD. Since Mortgagee Letter 2011-17 was issued on April 15, 2011, the use of the FHA-Approved Lending Institution logo must be accompanied by a conspicuous disclaimer that clearly informs the public that the mortgagee authoring the advertisement is not acting on behalf of or at the direction of HUD/FHA or the federal government. Even using the acronyms such as Ginnie Mae, FHA or HUD can lead to problems. In addition, mortgagees are now responsible for reviewing all advertisements generated by lead generators on behalf of their company for compliance with advertising requirements and all business names, aliases, and d/b/a’s used by FHA-approved mortgagees must be registered with HUD. Doing it right ►Don’t include an interest rate or other triggering terms without including the necessary disclosures. ►No advertisement may include language which deceives, defrauds or misrepresents loans terms, conditions or charges, including, but not limited to, the use of words indicating “Immediate Approval” or “Immediate Closing.” ►Don’t make it appear that you are an exclusive provider of government loans or that your company is acting on the governments behalf. What should an advertisement contain? ►In addition to the required disclosures, all advertisements and solicitations should prominently include the name and address of the originating entity, state licensing information and the company’s NMLS Identifying number. ►When using pictures of applicants, make sure they are representative of the population as a whole. ►Use the Equal Housing Lender or Equal Housing Opportunity Logo. ►Add a disclaimer subject to credit approval. Advertising policy Advertising violations are costly. Protect your company by having a written advertising policy detailing the required components of an advertisement and the procedures that are required before an advertisement can be placed on behalf of the company. List an individual in management that must approve any ad before it is placed. Some states prohibit loan originators from advertising on their own and require that the company be listed on the advertising contract. This article was co-authored by Bonnie Nachamie. Jonathan Pinard is president and Bonnie Nachamie is chief executive officer of First National Compliance Solutions Inc. in Merrick, N.Y. Jonathan may be reached by phone at (800) 400-4134 or e-mail [email protected]. Bonnie may be reached by phone at (800) 400-4134 or e-mail [email protected].
About the author
Published
Nov 02, 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