The Mortgage Broker Referral Agreement is essential for businesses operating in the U.S. mortgage industry to formalize referral relationships while maintaining compliance with federal and state regulations. This document is particularly crucial given the strict regulatory environment surrounding mortgage referrals, especially RESPA's prohibition on kickbacks and unearned fees. The agreement outlines permissible compensation structures, defines responsibilities, and establishes compliance protocols to protect all parties involved in the referral relationship.
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1. Parties: Identification of the referring party and mortgage broker
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including regulatory references to RESPA, TILA, and other applicable laws
4. Scope of Services: Details of referral arrangement and responsibilities of each party
5. Compensation Structure: Terms of payment and compliance with RESPA requirements regarding referral fees
6. Compliance Requirements: Regulatory obligations and compliance procedures under federal and state laws
7. Term and Termination: Duration of the agreement and conditions for termination
8. Confidentiality: Protection of confidential information and data privacy requirements
1. Marketing Guidelines: Rules for co-marketing activities and brand usage when parties plan joint marketing efforts
2. Territory Restrictions: Geographic limitations on referral activities when referrals are limited to specific areas
3. Training Requirements: Required training for referral staff and ongoing compliance education requirements
1. Fee Schedule: Detailed breakdown of referral fees and payment structure in compliance with RESPA
2. Compliance Checklist: List of regulatory requirements and compliance procedures under federal and state laws
3. Required Disclosures: Standard forms and disclosures required by RESPA, TILA, and state laws
4. License Information: Copies of relevant licenses and certifications required by state and federal regulations
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