We found no Montana rule against a real-estate agent acting as the mortgage loan originator on the same purchase. The mortgage licensing law contains no prohibition, and the real-estate license law requires disclosure of the licensee’s interest.
What Montana requires
- Disclose the mortgage role and its compensation in writing. Mont. Code 37-51-321 makes an undisclosed commission or an undisclosed dual capacity unprofessional conduct.
- Hold an active Montana MLO license sponsored by a licensed mortgage company.
What the rule says
(f) accepting, giving, or charging an undisclosed commission, rebate, or profit on expenditures made for a principal
acting in a dual capacity of broker and undisclosed principal in a transaction, including failing to disclose in advertisements for real property the person's dual capacity as broker and principal
A mortgage broker, mortgage lender, mortgage servicer, or mortgage loan originator may not do any of the following:
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.