Legal Question in Real Estate Law in California
Can a Mortgage Lender act as a Broker when selling your loan to another company wherein he receives compensation for such? Is he in fact brokering your loan then? And if not, then would he already have a pre-existing relationship with other lenders who are set to accept loans from the 'warehouse floor' of the Mortgage Lender?
1 Answer from Attorneys
Based solely upon the facts given, I see nothing illegal or improper. Mortgage lenders routinely sell their loans to others; that's what allows them to continue originating loans. The lender is probably not acting as a "broker" in any usual sense of the word in arranging to sell the loans it has made, but I suppose it's possible that the lender might act as a broker in some respect in putting together a package of loans for sale to a money source. As to having a "pre-existing relationship," I guess it depends upon what you mean by that........do I have a "pre-existing relationship" with the Chevron station at Third and Main because I refill my tank there every Monday? We would need more specific information to form an opinion as to whether anything you're suggesting is illegal or improper, but my hunch is there's nothing wrong here.