There are some additional compliance requirements that won’t be found in other industries.
- Standardization of disclosures and legal statements in communications.
Mortgage companies are required to include disclosures, NMLS numbers, and other licensing information in all messaging. For seamless compliance in mortgage marketing materials, a CRM will enable a user to set these up once, then apply them to all outgoing messages.
For larger companies, the information can vary according to the branch or location. Marketing departments should be able to create templates with required statements for all scenarios. The CRM should apply logic to attach the appropriate licensing or disclosure based on the sender, especially for automated messages.
- Equal Credit Opportunity Act and Fair Housing Act requirements.
An important factor for compliance in mortgage marketing is the targeting of diverse audiences. The ECOA and FHA ensure that no one will be prohibited from purchasing a home or obtaining mortgage credit due to factors such as race, sexual orientation, or disability, among others.
Marketing messages, including imagery, can illustrate a company’s commitment to diversity and credit accessibility. A strong mortgage CRM will include a fair balance in ethnicity for images attached to marketing or educational content.
- Value sharing for cobranded materials.
Compliance in mortgage marketing also must respect the RESPA requirements related to kickbacks. Namely, loan officers and real estate agents may not financially compensate one another to gain referrals.
Despite this prohibition, real estate agents and loan officers still want to build their businesses by co-branding marketing materials. To avoid violating RESPA, compliance officers will look for CRM systems that address value sharing accordingly.
- APR.
This one’s important enough to list on its own. Not only is the APR required any time interest rates are listed, but it also must appear in the same size, style and location as quoted rates.
A strong CRM system will make this requirement for compliance in mortgage marketing a no-brainer. All materials that contain interest rates will also include APRs, no questions asked, and the APR will be displayed appropriately.
In case compliance officers do not agree with the way the CRM calculates APR, the CRM should provide the ability to edit written materials and to configure APR calculations in online calculators and interactive tools.