Originating Residential and Commercial Loans Since 1998

Under Florida Statute Chapter 494 (the “Mortgage Brokers, Lenders, and Loan Originators” statute) an individual may be licensed as a “loan originator” if employed by or contracting with a licensed mortgage broker or lender. Florida is listed among states where a real‐estate agent can also be licensed as a mortgage loan originator. Federal guidance (via the Federal Housing Administration’s December 2022 Mortgagee Letter) indicates individuals may perform dual roles (real estate + mortgage originator) for FHA-insured transactions under certain conditions.

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Yes.

To originate a mortgage in Florida, you must hold an active Florida MLO license through NMLS in addition to your Florida real estate license. These licenses must be sponsored by the proper companies.

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Yes—if properly disclosed and compliant.

RESPA prohibits undisclosed referral fees, so both income streams must be disclosed upfront, and compensation must be separated. No “double-dipping” or hidden fees.

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Not always.

Some Florida brokerages permit dual roles; many do not. Your sponsoring lender or mortgage company must also approve it. Always check brokerage policy before attempting a dual transaction.

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Yes.

Some loan types—especially USDA—restrict dual compensation roles. Others (FHA, VA, conventional, DSCR, non-QM) may allow it with proper disclosure.

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Yes, potentially.

You must avoid steering a buyer into a loan that benefits you financially. You must show that the loan product recommended is objectively in the client’s best interest.

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Florida agents must disclose:

• That you are acting in two roles

• How you are compensated in both roles

• Any potential conflict of interest

• Any affiliation between your brokerage and mortgage company

These must be written, acknowledged, and in many cases provided before the buyer signs the contract.

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Yes at times!

You have double fiduciary responsibility, and if something goes wrong—with the loan OR with the real estate transaction—you may be exposed to higher legal or regulatory consequences.

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Because it can be extremely profitable and convenient for the consumer if done correctly.

Benefits include:

• One point of contact

• Faster approvals

• Better communication between the contract + financing

• Increased income (commission + LO compensation)

• More control over the transaction timeline

However, it requires strict compliance and transparency.

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Yes — but ONLY for investment-purpose transactions.

In Florida, unlicensed individuals may receive referral compensation only when the loan is for a business-purpose, investment-purpose, or non-owner-occupied property.

If the client is purchasing a primary residence, second home, or any owner-occupied property, you must be a licensed MLO to participate in the loan process and to receive any compensation.

All referrals must be fully disclosed, and the property must clearly qualify as non-owner-occupied, investment-purpose to comply with Florida law and federal lending regulations.

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YES.

We originate non–owner-occupied, investment-purpose loans in 40+ states, and you do NOT need an MLO license to join our referral program under these loan types.

You can still refer clients, we handle the entire loan process, and you get paid on every funded non–owner-occupied investment loan — completely license-free and fully compliant.

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