The Mortgage Referral Agreement serves as a critical document in the U.S. mortgage industry, establishing compliant referral relationships between various parties in the mortgage lending process. This agreement is essential when mortgage lenders seek to establish formal referral networks with real estate professionals, financial advisors, or other qualified parties. The document must carefully navigate federal regulations, particularly RESPA's prohibition on kickbacks while allowing for legitimate compensation for actual services rendered. It includes specific provisions for compliance, reporting, and quality control measures to ensure adherence to both federal and state regulatory requirements.
Mortgage Referral Agreement for the United States
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Key Requirements PROMPT example:
Mortgage Referral Agreement
"I need a Mortgage Referral Agreement between ABC Lending Inc. (a mortgage lender) and XYZ Realty Group (a real estate brokerage) for referrals in California, with specific provisions for digital lead tracking and a quarterly payment structure starting March 2025."
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1. Parties: Identifies all parties to the agreement, including legal names and addresses
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Services: Details the specific referral services to be provided
5. Compensation: Outlines the fee structure and payment terms, ensuring RESPA compliance
6. Compliance Requirements: Specifies regulatory compliance obligations under RESPA, TILA, and other applicable laws
7. Representations and Warranties: States parties' qualifications, licenses, and compliance commitments
8. Term and Termination: Defines agreement duration and termination conditions
1. Marketing Guidelines: Guidelines for co-marketing activities when parties plan joint marketing initiatives
2. Territory Restrictions: Defines geographical limitations of referral activities when referrals are limited to specific regions
3. Training Requirements: Specifies required training for referral activities when specific training is needed for compliance
4. Performance Metrics: Defines performance standards and expectations when measuring referral quality/quantity is important
1. Fee Schedule: Detailed breakdown of compensation structure and payment terms
2. Compliance Checklist: List of regulatory requirements and compliance procedures
3. Required Disclosures: Standard forms and disclosures required by law
4. Licensing Documentation: Copies of relevant licenses and certifications
5. Referral Procedures: Step-by-step process for making and tracking referrals
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