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Can a real estate agent be the loan officer on the same deal in Massachusetts?

No rule against it found

By Gary Basin, co-founder of Ike · Reviewed

We found no Massachusetts statute against a real-estate licensee originating the loan on the same purchase, and the regulator has said it would not endorse the arrangement. In Opinion O05-043 the Division of Banks wrote that there may be no specific statutory prohibition, and that it is not an arrangement the Division would endorse.

What Massachusetts requires

  • Obtain a current Division of Banks opinion for the specific structure before the first dual-role file.
  • Hold an active Massachusetts MLO license sponsored by a licensed mortgage broker or lender.
  • Disclose both roles and both forms of compensation to the buyer in writing.

What the rule says

While there may not be a specific statutory prohibition against this dual representation of a buyer/borrower, it is not an arrangement that the Division would endorse.
MA DOB Opinion O05-043. Division of Banks opinion letter, August 31, 2005, read October 15, 2026.
It is the position of the Division that this exemption from licensing in section 2 would not apply if a real estate agent is being compensated as a mortgage broker in the same transaction.
MA DOB Opinion O05-043. Division of Banks opinion letter, chapter 255E section 2 exemption reading, read October 15, 2026.

What we have not settled

Opinion O05-043 dates from 2005 and predates the SAFE Act licensing framework.

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.

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This page is general information about state licensing rules, not legal advice, and not a statement by any regulator. Rules change. Confirm the current rule with the state regulator or a licensed attorney before acting on it.

Mortgage services are offered by Ike Mortgage LLC, a wholly owned subsidiary of Eichler Inc. Ike Mortgage LLC is preparing its mortgage license applications and is not yet licensed in any state. Its NMLS identifier will appear here when issued.

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