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

Yes

By Gary Basin, co-founder of Ike · Reviewed

Yes. The New Hampshire Banking Department answers this exact question in its FAQ: an individual may serve as both the mortgage loan originator and the real-estate agent on the same transaction, with written disclosure and the client’s prior written consent.

What New Hampshire requires

  • Disclose both roles in writing and obtain the client’s prior written consent before acting in the second role.
  • Hold an active New Hampshire MLO license sponsored by a licensed mortgage company.

What the rule says

It shall be unlawful for a person not being properly licensed as required by this chapter
RSA 397-A:17. New Hampshire nondepository mortgage licensing prohibited conduct, read October 15, 2026.

What we have not settled

The Banking Department’s FAQ page blocks automated reading, so this page links it without quoting it. The statute quoted below contains no dual-role bar.

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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