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On a closed-end consumer mortgage secured by a dwelling, a borrower pays a brokerage $3,400 as compensation. The creditor also offers that brokerage compensation of 1.5% of the loan amount, not a credit for other consumer costs. May the brokerage accept both?

Correct Answer

D) No: the brokerage cannot combine this direct consumer compensation with creditor compensation

D. The brokerage cannot accept both compensation payments. A permissible percentage formula does not override the payment-source restriction. Scope and exceptions: The organization may compensate its individual originator subject to the rules. Creditors may fund other consumer costs; that is not permission for additional broker compensation. Source: 1026.36(d)(2)(i); comment 36(d)(2)(i)-1 — https://www.consumerfinance.gov/rules-policy/regulations/1026/36/

Answer Options
A
The brokerage may take both, provided the $3,400 appears on the disclosures
B
The brokerage may take both, since 1.5% is a fixed percentage of the loan
C
The brokerage may take both, provided the combined total stays under 3% of the loan
D
No: the brokerage cannot combine this direct consumer compensation with creditor compensation

Why This Is the Correct Answer

D. The brokerage cannot accept both compensation payments. A permissible percentage formula does not override the payment-source restriction. Scope and exceptions: The organization may compensate its individual originator subject to the rules. Creditors may fund other consumer costs; that is not permission for additional broker compensation.

Why the Other Options Are Wrong

Option A: The brokerage may take both, provided the $3,400 appears on the disclosures

Disclosure does not authorize dual compensation.

Option B: The brokerage may take both, since 1.5% is a fixed percentage of the loan

Amount and source are separate tests.

Option C: The brokerage may take both, provided the combined total stays under 3% of the loan

A combined 3% ceiling is not an exception.

Exam Tip

Classify the payment before applying the source rule.

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