Private Lenders: Be Aware of Common Origination Fee Practices and Laws to Avoid Violations
As a private mortgage loan servicing company, we have seen many originators Fees ranging from $500 all the way up to $5,000. We have also seen many different ways that these fees are structured, some of which are compliant while others violations of law. We have seen some common practices that often result in problems for both the borrower and the originator. For example, some originators will charge an origination fee that is based on a percentage of the loan amount. This is often done without the borrower’s knowledge or consent and is illegal in many states. In addition, some originators will collect their fee upfront, before any work has been done on the loan. This is also against the law in many states. We advise all originators to be familiar with the laws in their state regarding origination fees and to structure their fees in a way that is compliant.