I was reading a Mortgage Originator Magazine article in which originators discuss “challenges associated with ethical behavior.” What surprised me was that relatively little space was devoted to finding the best loan for the borrower, providing honest disclosure, the best service possible, and charging fairly for it. Instead, the panelists used a lot of space discussing the ethics of “stealing” loans from other lenders. Um, sorry, as long as I can honestly provide a better deal why shouldn’t a borrower have access to it? Agreements to refrain from working territories or referral sources– Realtors, financial planners, etc., sound a little too “backroom” for my taste. And regarding competition within your own office? My first husband was a stockbroker whose rule of thumb was that if the prospect couldn’t remember his own broker’s name he was fair game.
So how do you define ethics in a complicated industry where divided loyalty is the rule rather than the exception? When you have an obligation to the client to get the best loan, and obligation to the Realtor to do your best to close on time, an obligation to your firm to bring in good business and enhance its reputation, and an obligation to put food on your table. Even when you try to fulfill your promises to everyone, they can be at cross-purposes. I have chosen to put mine in this order. In the long run it worked for me and I sleep at night too.
First place goes to my client, and if I can get him / her a better deal than a competitor I’m acting in the client’s best interest as well as my own. I had a borrower who was locked and all set to sign a hard money deal, pay 9.5% and 3 points – I got him 7.75% at 1.5%. Backing off just because someone else had a deal would have sanctioned an egregious rip off. If the first LO had fulfilled his true responsibility to his client he wouldn’t have been vulnerable to losing this deal. And by the way, permitting or encouraging a client to lie on an application or overreach on a loan amount is NOT in his or her best interest.
Second priority goes to my company. I owe it to my firm to enhance its reputation by keeping my knowledge up to date, providing the best service I can, and being an honest liaison between underwriting and the client. I owe my firm a fair profit—overcharging borrowers means the end of repeat business and long term financial health. This includes giving my best effort to the Realtors, appraisers, and title officers involved. If I can help my company gain a reputation for straight shooting, following up on our promises, and closing deals on time, that helps us all.
Finally I treat myself right, too. I don’t expect people who serve me well to work for free and I refuse to do it myself. And if that means someone else “steals” a client of mine once in a while so be it. Lowballing LOs can only do that for so long before they have go back to selling cars or waitressing (no disrespect intended to these professions, but pro LOs sell with service and knowledge and relationship building, not just cranking through second-rate transactions because they had the lower price that day. The established pros have longevity and experience to get through tough times).
The biggest problems I see with ethics issues are when an LO or company fails to realize that acting in the clients’ best interests means acting in their own as well. Enlightened self interest is more than a catch-phrase, it’s a formula for success.

{ 12 comments… read them below or add one }
Gina, you’ve got it right once again.
Great post. Loved the way in which you turned the focus back on the customer. That is the problem with too many in Real estate and mortgage industry.
I agree there needs to be more focus on what you can do to help the clients/customers and less on “stealing” clients from another company. If a client leaves you to work with another company, there is usually a reason for it. You need to improve your service, not look for ways to prevent others from taking business from you. Earn your business! Make your customers want to stay with you.
Site coming soon, but fabulous post. I have a different order–yet any time you have an order, you do it.
( I price things based on pain in the neck of the client/realtor, and while that may be unpopular, it’s a fully disclosed offer that the customer is free to counter).
“( I price things based on pain in the neck of the client/realtor, and while that may be unpopular, it’s a fully disclosed offer that the customer is free to counter).”
You mean they need to prove they’re not a pain in the neck to get a better deal?
A loan should be priced right from the get-go. Having the pricing of a loan subject to the “customer is free to counter” used-car-salesman approach, not only gives the industry a poor reputation – it also runs the risk of violating ECOA.
You might want to rethink that strategy.
I agree with all Gina says, except for the issue of the “best” loan for the consumer. I have heard this often lately in relation to the YSP issue, and I feel as if my duty is only to provide a competitively priced loan that meets their needs.
If they have shopped, which is their right and to some degree, their obligation, and I can offer them a better loan than they have been offered, without it necessarily being my “best” offer. In other words I don’t feel obligated to offer them par price just because I could.
If I have a better wholesale price than other brokers, and I am besting any bank quotes, then why am I obligated to leave my money on the table for the borrower.
There are no entitlements to the “best” loan.
The consumer has to put out some effort to find it. And if I am giving better service, more expertise, and a better price, I feel as if better suffices and “best” is not necessarily required, and can’t even really be quantified.
Just my opinion. I could be wrong. I’ve been wrong for 14 years if I am wrong.
Hi Hamp,
You’re preaching to the choir here. Only the pols define the “best” loan as a par priced loan. My “best” is the best I can do while making a living and being fair to the client and my employer. Catch my post on YSP and you’ll see that I have NEVER defined “best” as working for free or feeling obligated to disclose my profit margin when the guy who puts brakes on my car doesn’t have to disclose his. “Best” to me is the most appropriate loan, the highest level of service, and a fair price. Period.
I’m with you Gina,
I read your YSP post and it was one of the most cogent and realistic discussions I have seen on that subject.
We agree for sure!
I hoped to impart that the perception of “best” is a subjective determination. And the assertion that every broker has to give every client the “best” loan is untrue, legally and technically. Even though the “borrower deserves the best” mantra is posted as fact by those who want to equate YSP’s to swindling people.I didn’t mean to imply that your “best” was equal to Barney Frank’s best.
I can’t really believe that the general public doesn’t understand that they are buying a product, not reaping an entitlement. In order to succeed, I have to be better, but it would be really hard to determine who is “best”.
If the government decides that every American deserves the “best” loan for them, then they are going to have to do more than outlaw YSP’s. They’re going to have to get in to the Mortgage Business, and do it all. Nightmare!
You are certainly right to say that it all starts with the attitude that you are working in the best interests of your client.
Make the client understand that, be it ever so true, and loyalty will follow. So will a lot of things. From there, ethics seem to take care of themselves.
as usual great advice!
Way to hit the nail on the head! The current situation in the mortgage business should prove helpful in weeding out those that don’t subscribe to this philosophy.
I agree there needs to be more focus on what you can do to help the clients/customers and less on “stealing” clients from another company. If a client leaves you to work with another company, there is usually a reason for it. You need to improve your service, not look for ways to prevent others from taking business from you. Earn your business! Make your customers want to stay with you.