Publications

Mortgage Brokers—What Fiduciary Duties Exist?

Oct 1, 2007

Published by Mortgage Banking Magazine in October 2007.

Author(s): Andrea Lee Negroni.

As a result of the compensation structure by which mortgage brokers are paid by both borrowers and lenders, resulting ambiguity regarding a broker's role has led to a series of laws and cases that consider a brokers' duties and responsibilities.  This article compiles and describes cases and statutes placing fiduciary duties on mortgage brokers, and suggests an emerging trend toward increasing the duties owed by mortgage brokers to their borrower customers. 

“Mortgage Brokers – What Fiduciary Duties Exist?”


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