Homepage / Fill in a Valid Broker Fee Agreement Template
Jump Links

The Broker Fee Agreement form is a crucial document in the mortgage application process, helping to clarify the relationship between the applicant and the mortgage broker. This form outlines essential details such as the names of the applicants, the subject property address, and identifies the loan originator along with their credentials. At its core, the form specifies that by signing, the applicants authorize the broker to arrange a mortgage loan on their behalf while agreeing to the broker's compensation, which is clearly defined and non-negotiable. Importantly, it is highlighted that the broker's compensation may be paid either by the borrower or the lender, but not both. The form reinforces compliance with federal fair lending laws, emphasizing the prohibition against discrimination in credit transactions. If any applicant believes they have faced discrimination, the form provides clear channels for filing complaints with relevant governmental institutions. Ultimately, this agreement ensures that all parties involved understand their rights and responsibilities, paving the way for a transparent and fair mortgage lending experience.

Broker Fee Agreement Example

 

MORTGAGE BROKER FEE AGREEMENT

 

 

 

Applicant Name(s):

 

Subject Property Address:

 

 

 

Loan Originator Name:

 

Loan Originator NMLS ID:

 

 

 

Loan Origination Company:

 

Loan Origination Company NMLS ID:

 

 

 

We are acting as your mortgage broker. By signing below, you request us to arrange a mortgage loan from a mortgage lender, and you agree to the broker compensation listed below for our services. Our broker compensation may be paid by you directly or the mortgage lender, but not both.

We do Business in Accordance with Federal Fair Lending Laws

UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL

TO DISCRIMINATE IN ANY CREDIT TRANSACTION:

On the basis of race, color, national origin, religion,

sex, marital status, or age;

Because income is from public assistance; or

Because a right has been exercised under the Federal

Consumer Credit Protection Laws.

IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED AGAINST,

YOU SHOULD SEND A COMPLAINT TO ONE OF THE FOLLOWING:

U.S. Department of Justice

Consumer Financial Protection Bureau

Federal Trade Commission

Civil Rights Division

P.O. Box 4503

Washington, DC 20580

Housing and Civil Enforcement Section

Iowa City, Iowa 52244

(202) 326-2222

Washington, DC 20530

(855)

411-CFPB (2372)

https://www.ftccomplaintassistant.gov/

1-800-896-7743

(855)

729 CFPB (2372) (TTY/TDD)

 

http://www.usdoj.gov/crt/housing

www.consumerfinance.gov

 

YOUR MORTGAGE LOAN

You are currently applying for a mortgage loan in the amount of $_______________________. Broker compensation is non-

negotiable. If the actual loan amount changes from this amount and broker compensation is specified as a percentage of the loan amount, then the dollar amount of the broker compensation will also change accordingly.

Broker Compensation

We will be compensated as your mortgage broker in the amount of _________% of your loan amount, but not less than

$1,500 and not more than $15,000.

Amount of Broker Compensation Based on Loan Amount: $

 

Paid by:

Borrower

Lender

LOAN ORIGINATOR ACKNOWLEDGEMENT

By signing below, I affirm that we have not discriminated on the basis of race, color, religion, national origin, sex, marital status, handicap, familial status, or any other legally prohibited basis in setting the amount of broker compensation.

APPLICANT ACKNOWLEDGEMENT

By signing below, I acknowledge that I have received a fully executed copy of this Agreement at the time of my mortgage application. It has been explained to me and I understand it. I voluntarily enter into this Agreement and agree to the broker compensation above.

Loan Originator Signature

 

Date

 

 

 

 

 

 

 

 

 

 

 

Applicant Signature

 

Date

 

Applicant Signature

 

Date

 

 

 

 

 

 

 

Applicant Signature

 

Date

 

Applicant Signature

 

Date

MBFA_20151003

File Breakdown

Fact Name Details
Purpose of the Form This agreement outlines the terms under which a mortgage broker will be compensated for their services in arranging a mortgage loan for the applicant.
Broker Compensation The broker's compensation is non-negotiable and is specified as a percentage of the loan amount. It ranges from a minimum of $1,500 to a maximum of $15,000 depending on the loan size.
Payment Responsibility Broker compensation can be paid either directly by the borrower or by the lender, but it cannot be paid by both parties.
Equal Credit Opportunity Act This form emphasizes compliance with the Equal Credit Opportunity Act, which prohibits discrimination in credit transactions based on various protected characteristics.
Receiver of Complaints If applicants believe they have experienced discrimination, they can file a complaint with agencies including the U.S. Department of Justice and the Consumer Financial Protection Bureau.

Guide to Using Broker Fee Agreement

Filling out the Broker Fee Agreement form is a crucial step in the mortgage application process. This form outlines the agreement between you and the mortgage broker regarding the fee you will incur for their services. Getting it right is essential, as it ensures clear communication between all parties involved.

  1. Write the Applicant Name(s): Fill in your name or the names of all parties applying for the mortgage.
  2. Indicate the Subject Property Address: Enter the complete street address of the property you are seeking to finance.
  3. Provide Loan Originator Name: Write the name of the loan originator assisting with your application.
  4. Fill in Loan Originator NMLS ID: Enter the National Mortgage Licensing System ID of your loan originator.
  5. Specify Loan Origination Company: Complete this section by entering the name of the company through which the loan is being arranged.
  6. Enter Loan Origination Company NMLS ID: Provide the NMLS ID for the loan origination company.
  7. Indicate the mortgage loan amount: Write the amount for which you are applying for the mortgage loan in the space provided.
  8. Complete the Broker Compensation Percentage: Specify the percentage that represents broker compensation from the loan amount, ensuring it aligns with the requirements of the form.
  9. Determine Amount of Broker Compensation Based on Loan Amount: Calculate and fill in the dollar amount of broker compensation, adhering to the limits of not less than $1,500 and not more than $15,000.
  10. Choose who will pay the Broker Compensation: Select either "Borrower" or "Lender" to indicate who will be responsible for the payment.
  11. Loan Originator Acknowledgment: Ensure the loan originator acknowledges no discrimination in the agreement by signing and dating in the designated spaces.
  12. Applicant Acknowledgment: Have all applicants sign and date at the bottom of the form, confirming awareness and understanding of the agreement.

Get Answers on Broker Fee Agreement

What is a Broker Fee Agreement?

A Broker Fee Agreement is a document that outlines the relationship and compensation between a borrower and a mortgage broker. By signing this agreement, you are requesting the broker to arrange a mortgage loan on your behalf. It also details how the broker will be compensated for their services, which may come from either you or the lender, but not both.

Who signs the Broker Fee Agreement?

The Broker Fee Agreement must be signed by all applicants seeking a mortgage loan. Additionally, the loan originator representing the mortgage broker also signs the agreement to confirm their understanding and commitment to the terms laid out within it.

How is the broker's compensation structured?

The broker compensation is typically structured as a percentage of the total loan amount. Specifically, the document states that the broker will receive an amount between $1,500 and $15,000. The exact percentage and total will be specified in the agreement. If the loan amount changes, the broker compensation amount, calculated as a percentage, will also adjust accordingly.

Can I negotiate the broker's fees?

No, the broker compensation outlined in the Broker Fee Agreement is non-negotiable. It's important to thoroughly review this section of the agreement before signing to ensure you are comfortable with the terms.

What if I feel I've been discriminated against during this process?

If you believe that you have faced discrimination in your credit transaction based on race, color, religion, national origin, sex, marital status, handicap, familial status, or any other legally protected basis, it is important to take action. You can file a complaint with one of the following organizations:

  1. U.S. Department of Justice
  2. Consumer Financial Protection Bureau
  3. Federal Trade Commission

Each organization has specific procedures for submitting complaints, which can usually be found on their respective websites.

What should I do after signing the Broker Fee Agreement?

Upon signing the Broker Fee Agreement, you should receive a fully executed copy for your records. Review it carefully to ensure that you understand the agreed terms. It can be beneficial to keep this document accessible throughout the mortgage application process, as it outlines your rights and obligations.

The agreement references the Equal Credit Opportunity Act, a federal law designed to prevent discrimination in lending. This law makes it illegal to discriminate against a borrower on various grounds, including race, color, national origin, religion, sex, marital status, or age. Understanding these protections can empower you as a borrower and help you identify any unfair practices.

Common mistakes

Filling out a Broker Fee Agreement may seem straightforward, but several common mistakes can lead to confusion or complications. Being aware of these pitfalls can help ensure a smoother loan process. One of the most frequent errors occurs when applicants fail to fill in the Applicant Name(s). This section is critical, as it identifies who is entering into the agreement. Leaving this blank makes it challenging to establish a clear record of the parties involved in the agreement.

Another common mistake is neglecting to specify the Loan Amount. Without this information, the broker team cannot provide accurate compensation estimates or details. It is essential to enter both the dollar amount and recognize that broker compensation may vary based on the final loan amount. Misunderstanding this concept can lead to surprises if the actual loan amount changes.

Additionally, applicants often overlook the importance of completing the Broker Compensation section. This area clarifies what the broker will be paid for handling your loan. Many individuals mistakenly believe that just signing the agreement concludes their financial obligation, but it’s crucial to understand and agree upon the specific compensation terms. Not specifying whether the payment is made by the borrower or lender can create further misunderstandings.

The Loan Originator Signature is another critical part that applicants might forget. Without the loan originator's signature, the agreement lacks verification from the broker. This omission could potentially render the agreement invalid and complicate future communications. Signing ensures that all parties understand and accept the terms.

Finally, applicants should remember to sign the document smoothly. Many people rush through the Applicant Acknowledgment section, where they confirm understanding and acceptance of the agreement. Skipping this can result in a lack of clarity regarding the responsibilities and obligations outlined in the agreement. Careful review and thoughtful signing mitigate potential issues down the line.

Documents used along the form

The Broker Fee Agreement is a critical document in the mortgage process, establishing the compensation that a broker will receive for their services in arranging a mortgage loan. Several other forms and documents often accompany this agreement to facilitate transparency and compliance during the loan application process.

  • Loan Application Form: This form collects essential personal and financial information from the applicant. It typically includes details about income, employment, assets, and liabilities, which lenders use to assess creditworthiness.
  • Good Faith Estimate (GFE): This document provides an estimate of the fees and charges associated with the mortgage loan, helping the borrower understand potential costs before finalizing the loan.
  • Truth in Lending Disclosure (TIL): This disclosure outlines the terms of the loan, including the annual percentage rate and the total cost of borrowing over the life of the loan, ensuring that borrowers have clear financial expectations.
  • Loan Estimate (LE): Introduced to simplify the mortgage process, this document replaces the GFE and TIL, providing an overview of the loan terms, projected payments, and estimated closing costs in a user-friendly format.
  • Closing Disclosure (CD): Provided before the closing of the loan, this document lists final details about the mortgage, including loan terms, projected monthly payments, and who pays and receives money at closing.
  • Borrower’s Authorization: This form grants the broker or lender permission to access the borrower’s credit report and financial information, which is vital for processing the loan application.
  • Affidavit of Occupancy: In this document, the borrower certifies whether the property will be their primary residence. This statement may affect loan terms and conditions.
  • W-2 Tax Forms and Pay Stubs: These documents provide evidence of the borrower’s income, necessary for evaluating the applicant's ability to repay the loan.
  • Bank Statements: Lenders request recent bank statements to verify assets and account balances, ensuring that borrowers have sufficient funds for down payments and closing costs.
  • Property Appraisal Report: An appraisal evaluates the property’s market value to ensure it meets the lender’s requirements and to assess the collateral for the loan.

Each of these documents plays a significant role in the mortgage process, aimed at promoting informed decision-making among borrowers and protecting all parties involved in the transaction. Completing these forms accurately and understanding their implications is essential for a successful mortgage application.

Similar forms

Here are ten documents that have similarities to the Broker Fee Agreement form. Each document shares certain elements regarding agreements and compensation in financial transactions. Understanding these can help clarify the purpose and nature of the Broker Fee Agreement.

  • Loan Estimate: Similar to the Broker Fee Agreement, the Loan Estimate provides borrowers with details about loan terms, costs, and required fees. It helps applicants understand their financial obligations before finalizing a loan.
  • Good Faith Estimate: Like the Broker Fee Agreement, this document outlines the estimated costs associated with the mortgage process. It promotes transparency regarding fees and helps borrowers budget effectively.
  • Broker Agreement: This document typically establishes a working relationship between a broker and a client. It includes terms of service and compensation, much like the Broker Fee Agreement aims to clarify broker duties and fees.
  • Listing Agreement: This is used in real estate transactions to outline the terms of listing a property for sale. Similar to the Broker Fee Agreement, it specifies fees and conditions for the services provided.
  • Purchase Agreement: This document details the terms of a property sale, including costs associated with the transaction. It is comparable to the Broker Fee Agreement in that both identify financial commitments required from the parties involved.
  • Loan Repayment Schedule: This document provides a timetable for repayment of a loan, detailing amounts and due dates. Like the Broker Fee Agreement, it conveys essential financial information to the borrower.
  • Disclosure Statement: This document outlines relevant risks and terms related to a financial agreement. It similarly ensures that borrowers are informed, similar to the disclosures included in the Broker Fee Agreement.
  • Agency Disclosure Form: This form informs clients of the type of relationship they have with their broker, highlighting duties and responsibilities. It shares the essence of transparency found in the Broker Fee Agreement.
  • Commission Agreement: Used in real estate, this document details how and when commissions will be paid to agents. Similarities lie in defining compensation and obligations for providing services.
  • Financing Agreement: This document sets the terms under which financing is provided, outlining rates and fees. It is akin to the Broker Fee Agreement regarding clarity on financial conditions and payments involved.

Dos and Don'ts

When filling out the Broker Fee Agreement form, attention to detail is crucial. Here is a list outlining important dos and don'ts to consider during the process:

  • Do clearly fill in all required fields, including applicant names and subject property address.
  • Don't leave any sections blank, as incomplete information can lead to delays in processing your application.
  • Do verify the loan originator's name and their NMLS ID for accuracy.
  • Don't forget to review the broker compensation percentages and ensure you understand how they relate to your loan amount.
  • Do ask questions if you are unsure about any terms or details before signing the agreement.
  • Don't rush through the signing process; take the time to read and understand the entire document.
  • Do keep a copy of the signed agreement for your records, as it will serve as important documentation of your transaction.

Misconceptions

  • Broker fees are always negotiable. Many believe they can negotiate the broker fee after signing. In reality, the broker compensation is often set at a specific percentage or amount outlined in the agreement and may not be open to negotiation.
  • Signing the agreement means I have already secured a loan. A Broker Fee Agreement is simply an arrangement for services. It does not guarantee that your loan will be approved; it just indicates you are requesting help to obtain one.
  • The broker fee is always paid by the lender. Many assume the lender covers all broker fees. However, the borrower may pay these fees directly, depending on the terms specified.
  • The broker's only responsibility is to find a lender. Some think brokers only connect borrowers with lenders. In truth, they also assist with the overall process, including paperwork and communication.
  • All brokers charge the same rates. Not all mortgage brokers offer the same rates or fees. Each broker has different structures and payment methods, leading to potential variations in costs.
  • I can rely on my broker to find the best loan for me. While brokers provide options, it’s ultimately up to the borrower to assess these options and choose the loan that fits their needs.
  • The broker fee can change after signing. Once the Broker Fee Agreement is signed, the broker compensation, particularly if it’s a fixed percentage, is typically locked in and cannot change unless the terms are renegotiated.
  • Discrimination in loan services is rare. Some individuals think discrimination doesn't happen. However, it's essential to recognize that violations of fair lending laws can occur, and complaints should be reported if you suspect any discrimination.
  • The agreement is standard and can be ignored. Many believe they can overlook the terms of the agreement because it seems standard. In fact, this document outlines rights and responsibilities that should be clearly understood before signing.

Key takeaways

  • Understand the Purpose: The Broker Fee Agreement form outlines the terms of compensation for mortgage brokerage services. It is essential for establishing a clear understanding between you and the broker.
  • Fill in Key Details: Ensure that all required fields are accurately completed, including applicant names, property address, and loan originator information. Inaccuracies can lead to complications later.
  • Broker Compensation: Be aware that broker compensation is non-negotiable. The agreement specifies a percentage of the loan amount, capped between $1,500 and $15,000.
  • Payment Responsibility: Broker compensation may be paid by either you or the lender, but not both. Clarify who will bear this cost upfront.
  • Loan Amount Changes: If the loan amount changes, so will the dollar amount of the broker compensation if it is a percentage. Understand how fluctuations impact your total costs.
  • Anti-Discrimination Policies: Familiarize yourself with federal laws against discrimination in credit transactions. The agreement includes information that protects your rights.
  • Signatures Matter: By signing the agreement, both the loan originator and applicants acknowledge their understanding and acceptance of the terms. This is legally binding.
  • Keep a Copy: Always retain a fully executed copy of the agreement for your records. This serves as proof of your agreement and can assist in future transactions.