Key Takeaways
- Compliance is non-negotiable for mortgage websites—violations can result in fines and loss of trust.
- Key laws to consider include TILA, RESPA, ADA, CAN-SPAM, and data privacy regulations.
- Always display licensing and NMLS information prominently.
- Accessibility, security, and truthful advertising protect both borrowers and lenders.
- Regular audits keep your website compliant as regulations evolve.
Compliance + Legal Considerations for Mortgage Websites
Running a mortgage website isn’t just about sleek design, fast load speeds, or SEO-driven content. Because you operate in a highly regulated industry, compliance and legal considerations must be at the core of your site. Every word, image, and call to action can impact your liability, credibility, and ability to attract qualified borrowers.
This guide breaks down the most important compliance and legal elements you need to manage when building and maintaining a mortgage website.
Why Compliance Matters for Mortgage Websites
Mortgage lending is one of the most regulated industries in the U.S. and beyond. Websites that fail to comply with truth-in-lending requirements, advertising rules, or licensing disclosures risk:
- Costly fines from regulators
- Damage to brand reputation
- Loss of consumer trust
- Potential lawsuits from misrepresentation
Building compliance into your site upfront protects your business and helps borrowers feel safe.
Truth in Lending Act (TILA) Disclosures Online
If your website mentions rates, fees, or terms, TILA requires you to present this information clearly and consistently. Avoid misleading claims like “lowest rates guaranteed.” Instead:
- Display APR whenever interest rates are mentioned
- Provide context for terms and conditions
- Ensure disclosures are easily visible, not hidden in footnotes
This builds both legal protection and consumer trust.
RESPA Requirements for Online Advertising
The Real Estate Settlement Procedures Act (RESPA) prohibits kickbacks or referral fees that could drive up borrower costs. On your website, this affects:
- Partnerships with real estate agents or builders displayed online
- Co-branded landing pages
- Referral agreements promoted in content
If you showcase partnerships, ensure they are RESPA-compliant and properly disclosed.
Licensing and NMLS Information
Every mortgage professional must display their NMLS number and licensing information clearly on the website. Best practices include:
- Listing licenses in the footer or header
- Adding the NMLS number on every page with a lead form
- Including state-specific disclosures where required
Borrowers often check for licensing before submitting their information.
ADA Compliance and Accessibility
Mortgage websites must be accessible to all users, including those with disabilities. ADA compliance requires:
- Alt text for images
- Screen reader–friendly navigation
- Proper color contrast for readability
- Keyboard accessibility for forms
Failure to meet ADA standards can result in lawsuits and exclude potential borrowers.
Data Privacy and Security Considerations
Because mortgage websites often collect sensitive borrower data, you must prioritize privacy and security. Key steps include:
- Using SSL certificates (https)
- Publishing a clear, accessible privacy policy
- Explaining how borrower information will be used
- Complying with state and federal data laws (such as CCPA)
Borrowers need to feel their data is safe before filling out pre-approval forms.
CAN-SPAM and Email Marketing Rules
If your mortgage website collects emails for newsletters or campaigns, you must follow CAN-SPAM rules:
- Offer clear opt-in and opt-out options
- Avoid deceptive subject lines
- Include business contact information in every email
Ignoring these regulations risks penalties and can weaken email deliverability.
Social Media and Online Advertising Compliance
Any mortgage ads run on Facebook, Google, or other platforms must follow the same standards as your website. This includes:
- Proper use of disclaimers when mentioning rates
- Avoiding false or misleading claims
- Using approved phrasing in sponsored ads
Consistency across channels prevents compliance gaps.
Partner Disclosures and Co-Branding Risks
Mortgage brokers often co-market with real estate agents, financial advisors, or builders. Your website must disclose these relationships transparently. If referral incentives are involved, they must comply with RESPA and be stated clearly.
Ongoing Compliance Audits for Websites
Regulations evolve, and compliance isn’t a one-time setup. Conducting quarterly audits of your website ensures:
- Disclosures are still accurate
- New laws (federal or state) are reflected
- Content remains compliant with marketing rules
A dedicated compliance checklist can prevent oversights.
Protect Your Website and Rank Higher With LoanSites
At LoanSites, we understand the balancing act between compliance and performance. A mortgage website must look professional, load fast, and drive leads—but it also has to meet every regulatory standard.
Our Advanced SEO package includes technical audits, content updates, and compliance-friendly site structures designed specifically for mortgage professionals. We’ll help you attract leads while ensuring your website passes legal and compliance checks with confidence.
We produce the best mortgage SEO results in the industry. Partner with LoanSites to grow your business safely.
