Yes, with the applicant’s written consent. Texas mortgage law treats acting in the dual capacity of loan originator and real-estate agent on a transaction without the applicant’s knowledge and written consent as a ground for discipline, so the dual role is permitted when that consent is obtained, and the Real Estate Commission rules add the client’s consent.
What Texas requires
- Obtain the loan applicant’s knowledge and written consent, as Finance Code 157.024(a)(10) and 156.303(a)(13) require.
- Obtain the real-estate client’s consent under 22 TAC 535.148(a), and do not steer the client to the mortgage.
- Hold an active Texas RMLO license sponsored by a licensed mortgage company.
What the rule says
acted in the dual capacity of a licensed residential mortgage loan originator and real estate broker, salesperson, or attorney in a transaction without the knowledge and written consent of the mortgage applicant or in violation of applicable requirements under federal law
acted in the dual capacity of a residential mortgage loan company and real estate broker, salesperson, or attorney in a transaction without the knowledge and written consent of the mortgage applicant or in violation of applicable requirements under federal law
A license holder may not receive a commission, rebate, or fee in a transaction from a person other than the person the license holder represents without first disclosing to the license holder's client that the license holder intends to receive the commission, rebate, or fee, and obtaining the consent of the license holder's client.
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.
Ike in Texas
Coming soon. Licensing is underway in Texas. Availability is subject to required approvals, and launch timing varies by state.