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

No rule against it found

By Gary Basin, co-founder of Ike · Reviewed

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
MCA 37-51-321(1)(f). Montana real estate licensee unprofessional conduct, undisclosed commission or profit, read October 15, 2026.
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
MCA 37-51-321(1)(g). Montana real estate licensee unprofessional conduct, undisclosed dual capacity, read October 15, 2026.
A mortgage broker, mortgage lender, mortgage servicer, or mortgage loan originator may not do any of the following:
MCA 32-9-124. Montana Mortgage Act prohibitions lead-in, read October 15, 2026.

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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Ike is preparing to sponsor real-estate agents as part-time loan originators, state by state. Tell us your state and we will write when there is news for agents there.

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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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