Yes, with a condition on what the mortgage pay is for. Maine permits a real-estate licensee to originate the loan on the same purchase, and bans compensation paid for directing a buyer to a lender, so the mortgage pay must be for origination work actually performed.
What Maine requires
- Paper the mortgage compensation strictly to origination work performed, never to the referral.
- Hold an active Maine MLO license sponsored by a licensed loan broker or lender.
- Disclose both roles and both forms of compensation to the buyer in writing.
What the rule says
A licensee may not receive compensation or other valuable consideration from a title company, lender or closing company or any affiliated employee for directing a buyer or seller in a real estate transaction to a company or an individual for financing, title or closing services.
A licensee who anticipates receiving compensation or other valuable consideration from a company or person for a referral of services, other than the services listed in Section 21(1) of this chapter or real estate brokerage services, to a buyer or seller during a real estate brokerage transaction may not accept such compensation or valuable consideration
It is a violation of this Article for an individual or a person subject to this Article to:
What applies in every state
- Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
- Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
- The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
- The buyer keeps the right to choose any lender, and the disclosure says so.