Lenders and Brokers

Who Pays the Mortgage Broker?

Either the lender pays the broker, and you cover it through your rate, or you pay the broker a fee at closing. Federal rules bar both on the same loan.

On this page
  1. How do lender-paid and borrower-paid compensation work?
  2. How much does a mortgage broker cost?
  3. Where does the broker's pay appear on your forms?
  4. Does a broker cost less than a direct lender?

Either the lender pays the mortgage broker or you do, but federal rules bar the broker from being paid by both on the same home loan. When the lender pays, the amount comes from the broker's compensation agreement with that lender, which can set it as a fixed percentage of the loan amount, and the lender can recover that cost from you through a higher interest rate, points or fees, or a combination. When you pay, the broker's fee is listed in the origination charges on your Loan Estimate and paid at closing, in cash or from the loan. No federal rule sets a standard fee, but for a loan to count as a qualified mortgage, total points and fees, including everything paid to the broker, generally cannot exceed 3% of the total loan amount on loans of $137,958 or more in 2026.

How do lender-paid and borrower-paid compensation work?

These rules apply to closed-end home loans for personal use, meaning loans with a set amount and repayment schedule, such as a purchase or refinance mortgage, and not home equity lines of credit.

Lender-paid. The lender pays the broker under their agreement, and that pay cannot change with your interest rate or other loan terms. A fixed percentage of the loan amount is allowed, with a set minimum or maximum dollar amount, as long as the percentage does not change with the size of the loan. A lender credit, money from the lender that lowers your closing costs, does not count as a payment from you even when it covers broker costs, so a broker paid that way is lender-paid. A fee the broker keeps for its own work is compensation whatever it is called, including a "processing fee," so the broker cannot charge you one on a loan the lender pays it for. Genuine, reasonable third-party charges, such as a credit report fee passed on to an unaffiliated company, do not count as broker pay.

Borrower-paid. You pay the broker's fee yourself, at closing or from the loan proceeds, and the lender pays the broker nothing on that loan. A seller or other party that pays the fee under an agreement with you to cover your costs is treated as payment from you. The brokerage can then pay its own loan officer from that fee.

How much does a mortgage broker cost?

The amount comes from the broker's agreement with each lender, or from your agreement with the broker, and these limits can cap it.

The qualified mortgage cap. A qualified mortgage (QM) is a category of loan defined in the Consumer Financial Protection Bureau's (CFPB) ability-to-repay rule, which requires lenders to check that you can repay. To count as a QM, a loan's points and fees, which include most upfront lender charges and everything the lender or you pay the broker, must stay within these 2026 limits:

Loan amount (2026) QM limit on points and fees
$137,958 or more 3% of the total loan amount
$82,775 to under $137,958 $4,139
$27,592 to under $82,775 5% of the total loan amount
$17,245 to under $27,592 $1,380
Under $17,245 8% of the total loan amount

The total loan amount is the amount financed, a figure from your federal loan disclosures, minus certain financed fees. The count includes what a lender pays a broker but not what it pays its own employee loan officer, so on a brokered loan the broker's pay uses part of the cap. Example: if the total loan amount is $400,000, the cap is $12,000; if the lender pays the broker 2% ($8,000), the lender's other charges that count as points and fees can total no more than $4,000.

Fannie Mae's limit. Fannie Mae will not buy a loan covered by the ability-to-repay rule if its points and fees exceed 3% of the total loan amount, or the different amount the QM rules allow for smaller loans.

VA loans. On a loan guaranteed by the Department of Veterans Affairs (VA), the lender's flat origination charge cannot exceed 1% of the loan and stands in place of other origination costs. A 2023 audit by VA's Inspector General reports that VA's loan guaranty office allows a mortgage broker's fee only as part of that 1% charge, so any broker fee you are charged has to fit inside it.

Where does the broker's pay appear on your forms?

On a standard purchase or refinance loan, the federal forms show broker pay this way:

  • Loan Estimate, page 2, Section A (Origination Charges): a fee you pay the broker appears as its own line. Pay the lender sends the broker through your interest rate is not itemized on the Loan Estimate, so compare the rate and Section A together.
  • Loan Estimate and Closing Disclosure contact details: the brokerage and its loan officer must list their names and Nationwide Mortgage Licensing System and Registry (NMLS) IDs.
  • Closing Disclosure, Section A: on this final statement of your loan's terms and costs, pay from the lender to the broker is marked as paid by others, and a fee you pay is marked as borrower-paid.

Does a broker cost less than a direct lender?

It can, and only a side-by-side comparison of the same loan shows whether it does for you. A broker's quote comes from one of the lenders it works with, while a direct lender quotes its own pricing. How brokers select loans shows how far apart lenders' rates can be for similar borrowers.

Get Loan Estimates from the broker and at least one direct lender for the same loan amount, term, and loan type, on the same day if you can, since the CFPB notes that rates can change daily. Then compare:

  1. The interest rate, and whether it is locked, meaning held for a set period.
  2. Total origination charges in Section A, which include any discount points (fees paid to lower the rate) and any fee you pay the broker. What lender fees include explains each item.
  3. Lender credits in Section J.
  4. The "In 5 years" line on page 3: subtract the principal you will have paid off from the total you will have paid, which the CFPB says gives you five years of interest and fees.

When the same broker offers both pay options, compare the rate and fees that come with each. Example with hypothetical quotes on a $400,000, 30-year fixed-rate loan: lender-paid at 7.25% with no broker fee, or borrower-paid at 7.00% plus a $6,000 (1.5%) broker fee.

  • Monthly principal and interest: $2,728.71 at 7.25% and $2,661.21 at 7.00%, a difference of $67.50.
  • Counting that monthly saving and the lower balance left on the 7.00% loan, the $6,000 fee is recovered after 72 months.

If the two options' other costs match and you expect to sell or refinance within 6 years, the lender-paid option costs less in this example; if you keep the loan longer, paying the broker yourself does.

Negotiate a borrower-paid fee before you apply. Once a lender offers terms on your loan, federal rules bar the broker from lowering its pay on that loan, even to match a competing offer, except to cover an unexpected increase in closing costs. The lender can still change its own rate or fees to match a competitor, and the CFPB says lenders are often willing to match or beat a competitor's offer. Which closing costs are negotiable covers the other fees open to negotiation, and how to choose a mortgage lender covers comparing a mortgage broker with every other lender type.

Tellus tip

Before you apply, ask the broker in writing whether the lender or you will pay it on your loan, and how much. Check that figure against Section A of your Closing Disclosure.

Sources

  1. 12 CFR 1026.36, Prohibited acts or practices in connection with credit secured by a dwelling (Legal Information Institute, Cornell Law School)
  2. Official interpretation of 12 CFR 1026.36 (comments 36(a)-5, 36(d)(1)-4, 36(d)(1)-5, 36(d)(1)-7, 36(d)(1)-9, and 36(d)(2)(i)-2) (Consumer Financial Protection Bureau)
  3. Official interpretation of 12 CFR 1026.37, Loan Estimate content (comments 37(f)(1)-2 and 37(f)(1)-5) (Consumer Financial Protection Bureau)
  4. Official interpretation of 12 CFR 1026.38, Closing Disclosure content (comment 38(f)(1)-2) (Consumer Financial Protection Bureau)
  5. 12 CFR 1026.32, Requirements for high-cost mortgages (points and fees and total loan amount) (Legal Information Institute, Cornell Law School)
  6. Truth in Lending (Regulation Z) Annual Threshold Adjustments (Credit Cards, HOEPA, and Qualified Mortgages), effective January 1, 2026 (Federal Register (U.S. Government Publishing Office))
  7. Selling Guide B2-1.5-02, Loan Eligibility (Fannie Mae)
  8. 38 CFR 36.4313, Charges and fees (VA-guaranteed loans) (Legal Information Institute, Cornell Law School)
  9. Additional Measures Would Better Protect Borrowers from Risks Associated with Interest Rate Reduction Refinance Loans (Report 21-01295-149, August 23, 2023), pages 28-29 (U.S. Department of Veterans Affairs, Office of Inspector General)
  10. Compare and negotiate your loan offers (Consumer Financial Protection Bureau)

Financial Disclaimer: Tellus provides this content for informational purposes only. This is not financial advice. Financial returns and mortgage terms vary based on individual circumstances and market conditions. Consult a qualified financial advisor before making financial or borrowing decisions.

More in Lenders and Brokers

Savings tools and property management powered by real estate.

There are no fees for opening or using Tellus. Available on iOS and Android.

Get the app