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Loan Officer Independent Contractor Agreement for the United States

Loan Officer Independent Contractor Agreement Template for United States

A Loan Officer Independent Contractor Agreement is a legal document used in the United States that establishes the terms and conditions of engagement between a lending institution and a loan officer operating as an independent contractor. The agreement complies with federal regulations including the SAFE Act, TILA, and state-specific lending laws, while clearly defining the non-employee status of the loan officer, compensation structure, and compliance requirements.

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Loan Officer Independent Contractor Agreement

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What is a Loan Officer Independent Contractor Agreement?

The Loan Officer Independent Contractor Agreement is essential for lending institutions in the United States that engage loan officers as independent contractors rather than employees. This document ensures compliance with federal and state regulations while protecting both parties' interests. It outlines the scope of services, compensation structure, compliance requirements, and clearly establishes the independent contractor relationship. The agreement is particularly important given the heavily regulated nature of the mortgage industry and the need to comply with various federal laws including the SAFE Act, TILA, and state-specific requirements.

What sections should be included in a Loan Officer Independent Contractor Agreement?

1. Parties: Identification of the contracting parties (company and loan officer)

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of loan officer duties and responsibilities

5. Independent Contractor Status: Clear statement of relationship and non-employee status

6. Compensation: Commission structure and payment terms

7. Term and Termination: Duration and conditions for ending the agreement

8. Compliance Requirements: Regulatory obligations and compliance duties

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Confidentiality: Protection of proprietary information and client data

11. General Provisions: Standard contract clauses including governing law, notices, and amendments

What sections are optional to include in a Loan Officer Independent Contractor Agreement?

1. Non-Compete: Restrictions on competing activities during and after the agreement term

2. Training Requirements: Specific training obligations and ongoing education requirements

3. Marketing Guidelines: Rules for advertising, promotion, and use of company branding

4. Insurance Requirements: Specific insurance coverage requirements for the loan officer

5. Dispute Resolution: Procedures for handling disputes including arbitration provisions

What schedules should be included in a Loan Officer Independent Contractor Agreement?

1. Schedule A - Commission Structure: Detailed breakdown of commission rates, calculations, and payment terms

2. Schedule B - Compliance Manual: Company-specific compliance requirements and procedures

3. Schedule C - Required Licenses: List of mandatory licenses, certifications, and qualifications

4. Schedule D - Territory Definition: Geographic area of operation and any territorial restrictions

5. Schedule E - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses




















Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of consumer credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders, mortgage brokers, and servicers to provide borrowers with disclosures regarding real estate transactions and settlement services

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions, including mortgage lending

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Dodd-Frank Act: Comprehensive financial reform law including provisions affecting mortgage lending, loan officer compensation, and consumer protection

State Mortgage Lending Regulations: State-specific laws governing mortgage lending activities and requirements within individual state jurisdictions

IRS Independent Contractor Guidelines: Federal tax guidelines defining classification criteria for independent contractors vs. employees, including the 20-Factor Test

CFPB Regulations: Federal regulations governing loan officer compensation, consumer protection, and lending practices overseen by the Consumer Financial Protection Bureau

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law including provisions for preventing, detecting, and prosecuting international money laundering and financing of terrorism

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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