§ 1026.36 Prohibited acts or practices and certain requirements for credit secured by a dwelling.
(1) For a consumer credit transaction secured by a dwelling, a loan originator organization must include
- 1026 (Regulation Z)
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(1) For a consumer credit transaction secured by a dwelling, a loan originator organization must include
For purposes of § 1026.36(d) and (e), a creditor means a creditor that is not deemed to be a loan
clerical staff, and similar individuals who are employed by (or contractor or agent of) a creditor or loan
For purposes of this section, a mortgage broker with respect to a particular transaction is any loan
described in § 1026.37(f)(1), the amount of compensation paid by the creditor to a third-party loan
Under § 1026.36(d)(1), a loan originator's compensation may not be based on any of the terms of
A natural person, estate, or trust that meets all of the following criteria is not a loan originator
compensation that directly or indirectly is based on the terms of a single transaction of a single individual loan
of § 1026.36, with respect to a particular transaction, the term “mortgage broker” refers to a loan
A person (as defined in § 1026.2(a)(22)) that meets all of the following criteria is not a loan
(A) Except as provided in paragraph (d)(2)(i)(C) of this section, if any loan originator receives compensation
more consumers during the current or previous calendar month based on an application submitted by the loan
(ii) The loan originator must have a good faith belief that the options presented to the consumer pursuant
Compensation based on terms of an individual loan originator's transactions.
that is not directly or indirectly based on the terms of multiple transactions by multiple individual loan
originator must present the consumer with loan options that meet the criteria in § 1026.36(e)(3
(ii) The name of the individual loan originator (as the name appears in the NMLSR) with primary responsibility
A payment to a loan originator that is otherwise prohibited by section 129B(c)(2)(A) of the Truth in
(1) The compensation paid to an individual loan originator pursuant to this paragraph (d)(1)(iv) does
Mortgage broker as loan originator.
of each amount, and a subtotal of all such amounts, that the consumer will pay to each creditor and loan
originator based on the terms of a consumer credit transaction subject to § 1026.36 originated
(4) Number of loan options presented.
Section 1026.36(f) requires loan originators to comply with applicable State and Federal licensing and
(ii) All compensation paid directly or indirectly by a consumer or creditor to a loan originator, as