State Recordkeeping Rules and Regulations for Mortgage & Lending

It is no secret the mortgage industry has very specific rules around recordkeeping for advertising materials. Federal regulations require mortgage brokers and lenders to keep all commercial communications or advertising for a period of two years, but each state takes a diverse approach to retaining social media and other electronic materials.

Mortgage advertising requirements divided into four general categories:

4 states specifically advise or require mortgage licensees to maintain copies of their social media advertisements

10 states generally require mortgage licensees to maintain copies of all their advertisements, including ads disseminated through the Internet

11 states and the District of Columbia, generally require mortgage licensees to maintain copies of all their advertisements, but do not specifically regulate Internet-based ads

26 states do not specifically require mortgage licensees to maintain copies of any advertisements, regardless of platform

This interactive guide provides an overview of the varying state requirements for mortgage advertising, including social media. Click a state in the map below to see their unique recordkeeping requirements.

Mortgage Industry’s State By State Guide to Advertising Recordkeeping Requirements

This guide provides an overview of the varying state requirements for mortgage advertising, social media, and other electronic communication efforts, and three tips to minimize risk.

Smarsh, Inc. assumes no liability for the accuracy or completeness of this information. Please consult with an attorney for information on specific rules and regulations and how they apply to your business.

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