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Mortgage Client Agreement

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MORTGAGE CLIENT AGREEMENT

This Mortgage Client Agreement (the Agreement) is entered into on by and between the parties identified below.

Parties

Engagement and Scope

Client retains Broker to act as a non-exclusive mortgage broker and advisor to identify, negotiate and secure mortgage financing on Client's behalf. Broker will: (a) evaluate Client's financing needs; (b) gather and submit loan applications and documentation to lenders; (c) communicate loan terms and conditions to Client; and (d) assist in coordinating loan closing. Broker does not guarantee loan approval or terms.

Client Authorizations

Client authorizes Broker to obtain credit reports, verify employment and income, and request such information as is reasonably necessary to secure financing. Client further authorizes Broker to share Client information with prospective lenders and third-party service providers engaged in the loan process.

Client expressly authorizes Broker to obtain credit reports and related consumer information for mortgage placement purposes.

Fees, Compensation and Expenses

Client agrees to pay Broker fees as described below. Fees payable to Broker may be paid by Client, the lender, or both, subject to applicable law. Broker will disclose known sources of compensation from lenders and third parties.

Description Amount (USD)

Subtotal: $    Tax: $    Total Estimated Fees: $

Payment Terms: Fees due at closing unless otherwise agreed in writing. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Client will reimburse Broker for reasonable out-of-pocket expenses advanced by Broker.

Conflicts, Disclosures and No Guarantee

Broker may receive compensation from lenders, servicers or affiliates. Broker will disclose any known material conflicts of interest. Client acknowledges that Broker does not underwrite loans and cannot guarantee loan approval, rate, fees or terms.

Representations and Warranties

Client represents and warrants that all information provided to Broker is true, complete and accurate, and Client will promptly notify Broker of any material changes. Client authorizes Broker to rely upon such information in pursuing financing.

Indemnification and Limitation of Liability

Client shall indemnify and hold Broker harmless from claims, liabilities or costs arising out of Client's misrepresentations or breach of this Agreement, except to the extent caused by Broker's gross negligence or willful misconduct. Except as provided by applicable law, Broker's liability under this Agreement shall be limited to direct damages not to exceed the total fees paid by Client to Broker under this Agreement.

Term, Termination and Effect

This Agreement commences on the agreement date and continues until closing of a mortgage transaction or termination by either party upon seven (7) days' written notice. Termination does not affect Broker's right to fees for transactions introduced prior to termination.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to updated addresses provided in writing.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the state of without regard to conflict-of-law principles. Except for actions to enjoin infringement or seek emergency relief, disputes under this Agreement shall be resolved by arbitration in accordance with commercially reasonable arbitration procedures unless the parties mutually agree otherwise in writing.

Miscellaneous

This Agreement constitutes the entire agreement between the parties respecting the subject matter and supersedes all prior agreements. Any amendment must be in writing and signed by both parties. If any provision is held invalid, the remaining provisions shall remain in effect.

Acknowledgment and Consent

Client acknowledges receipt of this Agreement and consents to Broker's actions as set forth herein. Client further acknowledges that Broker has provided all required disclosures regarding compensation and conflicts of interest to the extent known at the time of signing.

Client consents to receiving disclosures and communications related to this engagement electronically.

Client (Printed name):

By:

Date:

Broker / Company (Printed name):

By:

Date:

Enter text

What a Mortgage Client Agreement Is and when it applies

A Mortgage Client Agreement is a legally binding contract that sets the terms between a mortgage broker or lender and a borrower for services related to mortgage origination, processing, and closing. It typically specifies responsibilities, fees, disclosure obligations, rate lock terms, loan application steps, document delivery, and timelines. The agreement clarifies who will obtain credit checks, order appraisals, and coordinate underwriting, and it explains conditions under which either party may terminate the relationship. Use this agreement to document consent, fee structures, and regulatory disclosures required under federal and state mortgage laws.

Why a clear client agreement matters for mortgage workflows

A Mortgage Client Agreement reduces ambiguity about fees, timelines, and responsibilities, supports regulatory compliance, and documents borrower authorization for credit checks and third‑party services. It protects both borrower and broker by clarifying dispute resolution, fee disclosure, and termination or amendment procedures.

Why a clear client agreement matters for mortgage workflows

Who typically prepares or signs this agreement

Lenders, mortgage brokers, and mortgage loan officers commonly use a Mortgage Client Agreement to document services, fees, and authorizations.

  • Mortgage brokers — outlines brokerage services, fee schedule, and borrower responsibilities during loan origination.
  • Lenders — defines underwriting process, conditions for approval, and lender-specific disclosures required by law.
  • Borrowers — confirms consent for credit pulls, appraisals, and third-party communication; records expectations.

Use the agreement to assign clear roles and to create a record useful for compliance and dispute resolution.

Core sections to include in a professional Mortgage Client Agreement

Core sections of a professional Mortgage Client Agreement provide clarity on parties, services, compensation, disclosures, timelines, and signature authority to reduce disputes and support compliance.

Parties

Identify borrower(s), broker or lender, and any co-signers or agents. Include legal names, business entity types, and contact information for contract and regulatory notices.

Scope

Describe mortgage services to be provided (loan sourcing, rate locks, application processing, document submission, communication with third parties) and any services excluded from this agreement.

Fees

Specify fee structure, timing, refundable or nonrefundable amounts, reimbursement for third‑party costs, and whether fees are contingent on loan closing or charged upfront.

Disclosures

Include required federal and state disclosures, any material risk statements, and clear notice of borrower rights under applicable mortgage laws.

Timelines

State expected milestones: application submission, appraisal order, underwriting decisions, rate lock deadlines, and anticipated closing date with contingencies and extension terms.

Signatures

Provide signature blocks for all parties, date fields, and notarization or witness lines if required by state law; note authorized signatory capacity for entities.

Step-by-step: complete and execute the agreement

Follow these steps to complete and execute a Mortgage Client Agreement accurately, from data entry through signing and distribution.

  • 01
    Gather Documents: Collect ID, income, property, and credit authorizations.
  • 02
    Complete Fields: Enter names, amounts, dates, and contact details.
  • 03
    Review Disclosures: Confirm fee table, APR, and borrower rights are clear.
  • 04
    Sign & Store: All parties sign, date, and store executed copies.

Configure an online workflow for the agreement

Set up an online Mortgage Client Agreement workflow to streamline field mapping, signer order, authentication, and storage.

Field Configuration
Signer Order Define sequence: broker -> borrower -> lender
Authentication Email code, SMS, or KBA as needed
Fields Signature, initial, date, checkboxes, conditional
Storage Save to cloud, PDF/A export, audit trail

How digital routing typically flows

Typical routing for a Mortgage Client Agreement moves from preparation through signing to secure storage and distribution to stakeholders.

  • Prepare: Upload template and prefill known borrower data.
  • Assign: Add signer emails and set signing order.
  • Authenticate: Choose authentication method and send invites.
  • Complete: Collect signatures, generate certificate, and archive.

Delivery and platform considerations

Digital delivery options affect signer experience: email, SMS link, in-person tablet, or integrated portal should be considered.

  • Formats: PDF, DOCX, and HTML supported
  • Integrations: Connect to Salesforce, NetSuite, Google Workspace
  • Authentication: Email link, SMS code, or KBA

Essential borrower and loan data fields

Borrower Legal Name: Full legal name as on ID
Social Security Number: Full nine-digit Social Security Number
Property Address: Street, city, state, ZIP
Loan Amount: Requested principal amount in dollars
Income Documentation: Recent pay stubs or tax returns
Authorization Consent: Signed borrower consent for credit checks

Common deadlines and timing considerations

Key dates for Mortgage Client Agreement processing for a typical retail loan include disclosure delivery, rate lock, underwriting, closing, and post-closing retention steps.

Disclosure Delivery:

Provide required disclosures within state and federal timelines (e.g., TRID where applicable).

Rate Lock Expiration:

Document lock period and expiration date to avoid borrower surprises.

Appraisal/Underwriting:

Order appraisal promptly; expect underwriting decision after submission.

Closing Date:

Confirm closing logistics, funds transfer, and final document signatures.

Record Retention:

Retain executed agreement per federal and state retention rules.

eSignature pricing and capability snapshot for Mortgage Client Agreements

Compare common eSignature plan attributes relevant to Mortgage Client Agreements: pricing, trials, bulk send, audit trail, HIPAA support, and envelope caps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by plan Varies by plan Free tier available Free tier available
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes (BAA available) Yes (BAA available) No No

Common mistakes to avoid when preparing the agreement

  • Incomplete borrower identification or mismatched names between ID and agreement delay underwriting, may trigger additional verification, and can cause funding or closing postponements.
  • Vague fee descriptions or missing fee timing create disputes; lack of refund terms for unclosed loans often leads to complaints or legal scrutiny.
  • Failing to obtain explicit consent for credit checks and third‑party orders violates consumer protection expectations and may obstruct compliance with banking due diligence.
  • Using incorrect state law in the governing clause can render choice-of-law provisions unenforceable and complicate dispute resolution and enforcement.

Key penalties and risks for incorrect or incomplete agreements

Delayed Closing: Funding may be delayed
Fee Disputes: Repayment demand or refund claims
Regulatory Fines: State or federal penalties
Contract Voidance: Court may void agreement
Reputational Harm: Loss of client trust
Backup Withholding: 24% backup withholding

Frequently asked questions about Mortgage Client Agreements

Answers to frequent questions about completing, signing, and storing Mortgage Client Agreements, including electronic execution and common compliance concerns.


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