What RESPA, the MAP Rule, and State Regulators Actually Require from Your Mortgage Website

RESPA Section 8 prohibits giving or receiving anything of value for referrals of settlement service business. This sounds straightforward until you examine how some mortgage lead generation arrangements work.

Where SEO intersects with RESPA:

• Paying a real estate website for "premium placement" that's really a referral fee
• Lead generation arrangements where payment is tied to closed loans rather than advertising value
• Co-marketing agreements with real estate agents that lack genuine shared advertising
• "Preferred lender" listings purchased from builders or agents

Legitimate SEO services don't trigger RESPA concerns — you're paying for marketing services, not referrals. The distinction matters when evaluating lead generation platforms.

Red flags in lead arrangements:

• Payment calculated per closed loan rather than per lead or flat fee
• "Exclusive" lead arrangements with settlement service providers
• Required use of specific title companies or other providers as condition of leads

The safe harbor provisions allow payment for goods or services actually furnished at fair market value. A legitimate SEO agency charging monthly retainers for optimization work clearly falls within this provision. Lead generators charging per-closed-loan fees occupy riskier territory.

This is educational content. Consult your compliance attorney for guidance on specific arrangements.

The CFPB's Mortgage Acts and Practices Rule (Regulation N) established that deceptive mortgage advertising constitutes an unfair, deceptive, or abusive act or practice. This gives the CFPB direct enforcement authority over mortgage advertising, including websites.

Regulation N prohibits misrepresentations about:

• Interest rates, APR, and rate availability
• The existence, nature, or amount of fees
• Terms and conditions of the mortgage
• Whether payments are for principal, interest, taxes, or insurance
• The consumer's potential liability or obligations
• Association with government programs or endorsements

Website content that commonly triggers issues:

• Rate quotes without adequate qualification language
• "No closing costs" claims without explanation of how costs are covered
• Comparison statements that cherry-pick favorable scenarios
• Testimonials implying designed to results
• Government program references suggesting agency endorsement

The practical standard: if a reasonable consumer could be misled by your website content, it's a violation. "But we disclosed it in the fine print" is not a defense under Regulation N's prohibition of deceptive acts.

SEO implications: Title tags, meta descriptions, and page content making rate claims all fall under these requirements. "Best rates in [city]" as a page title could be problematic without substantiation.

The Truth in Lending Act (Regulation Z) creates "trigger terms" — specific phrases that, when used in advertising, require additional disclosures. This applies to website content, landing pages, and digital ads.

Trigger terms requiring full disclosure:

• The amount or percentage of any down payment
• The number of payments or period of repayment
• The amount of any payment
• The amount of any finance charge

When triggered, you must also disclose:

• The amount or percentage of the down payment
• The terms of repayment (and any balloon payment)
• The annual percentage rate (using that term, spelled out)

For variable-rate transactions, additional disclosures about rate variability apply.

Practical website application:

A landing page stating "payments as low as $1,200/month" triggers full disclosure requirements. The page must include down payment amount, loan term, APR, and other required terms — not buried in footer links but in clear proximity to the trigger term.

What doesn't trigger disclosure:

• General statements like "low rates" or "affordable payments" without specific amounts
• "Ask about our rates" or "get a quote"
• APR alone (though it requires proper formatting)

Verify current trigger term requirements with your compliance team — interpretations evolve through regulatory guidance.

The Equal Credit Opportunity Act (ECOA) prohibits discrimination in credit transactions. In digital marketing, this extends to how you target — or exclude — audiences in paid advertising.

Protected classes under ECOA:

• Race, color, religion, national origin
• Sex (including sexual orientation and gender identity per CFPB interpretation)
• Marital status
• Age (provided applicant can contract)
• Receipt of public assistance income
• Good faith exercise of Consumer Credit Protection Act rights

Digital advertising risks:

Platform targeting tools can create fair lending exposure. Facebook's 2019 HUD settlement highlighted how excluding certain zip codes, interests, or demographics from housing-related ads can constitute illegal discrimination — even without discriminatory intent.

Practical compliance for mortgage advertisers:

• Avoid exclusionary targeting based on protected characteristics
• Don't use zip code exclusions that proxy for racial composition
• Document targeting rationale based on legitimate business factors
• Review platform default settings — some auto-optimize in ways that could skew audience composition

SEO itself doesn't create the same targeting concerns as paid advertising — organic search serves content to whoever searches. But if you're running paid campaigns alongside SEO, fair lending compliance applies to the paid side.

Fair lending analysis is complex and fact-specific. Consult with fair lending counsel on your advertising practices.

Beyond federal rules, each state where you're licensed imposes advertising requirements — typically through the NMLS framework but with state-specific variations.

Common state requirements (verify for each jurisdiction):

• Display of NMLS unique identifier (company and/or individual MLO)
• State license number display
• Business name as registered with state regulator
• Physical address in some states
• Specific disclosure language prescribed by state law

Website-specific considerations:

• NMLS ID should appear on every page (typically in header or footer)
• Some states require ID on each page containing rate or loan product information
• Google Business Profile listings should include NMLS ID
• Social media profiles representing the business need compliant identification

States with notably specific requirements (as of this writing):

• California: DBO/DFPI license number plus NMLS ID, specific format requirements
• Texas: SML license number, specific consumer disclosure language
• New York: Detailed content requirements for mortgage banker advertisements
• Florida: Specific font size and placement requirements

Multi-state broker challenge: If you're licensed in multiple states, your website must satisfy the most restrictive requirements among all states where you advertise. Many brokers add state-specific landing pages or use geo-targeting to serve appropriate disclosures.

State requirements change frequently. Verify current rules with each state regulator or your compliance counsel before making compliance decisions based on this overview.

Regulatory compliance isn't a one-time checkbox — it's an ongoing practice that should inform your SEO strategy from the start.

Website compliance audit framework:

1. NMLS identification: Verify company and MLO NMLS IDs appear on every page (header/footer), all landing pages, and external listings
2. Trigger term review: Search your site for specific rate, payment, and down payment mentions; verify required disclosures accompany each
3. Claims substantiation: Review headlines, page titles, and meta descriptions for comparative claims; ensure supportable
4. Testimonial compliance: Verify reviews/testimonials don't make prohibited promises or guarantees
5. State-specific pages: If targeting specific states, verify jurisdiction-specific requirements are met

Ongoing compliance integration:

• Include compliance review in content approval workflow
• Train content creators on trigger terms and prohibited claims
• Document rate/claim substantiation at time of publication
• Schedule quarterly compliance audits of website content
• Monitor regulatory updates through industry associations and counsel

Working with SEO providers:

Any SEO agency working with mortgage brokers should understand these constraints. If a provider suggests content strategies that would create compliance issues — aggressive rate claims, misleading comparison content, testimonials promising specific outcomes — that's a red flag about their industry knowledge.

Looking for compliant SEO services for mortgage brokers? We build strategies within regulatory guardrails from the start, not as an afterthought.