Product Info - Free Commission Agreements - Mortgage: Loan Officer

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Sample Mortgage Loan Officer Sales Commission Agreement Template

Loan Officer Compensation Agreement

Revision Date: i____________

 

This document describes the agreement between between ii_____________________________ (“Company”) and iii_________________________________ (“Payee”) regarding terms related to compensation.
Company and Payee enter into this agreement whereby Payee provides services to the Company and customers of company, in return for compensation specified in this agreement.

Duration:

This agreement covers the period starting from iv___________ and ends on _______________.
Commissions will be calculated and paid once every week, for the preceding week. Commissions will be calculated and paid out as part of the next payroll cycle, following the month for which commissions are calculated.

Services:

The primary service rendered by this payee is originating loans for customers and closing/funding them.

Variable Compensation:

Targeted variable compensation for the full year is v ______________.

Other Compensation:

Payee is not due any other compensation as part of this agreement.

Loan Income Commission

This incentive pays commissions on Loans originated by the Payee. This commission is paid every week.

Credits:

Any Loan Originations that are due to the Payee’s primary efforts are eligible for this commission. Commissionable transactions are funded originations to customer. Payee gets credit for the Loan Income when the origination is funded.

Calculation:

Calculation is based on the following data available from Loan Originations.
Origination Fees -This is the fee paid by the lender for a standard loan. Origination fees may vary by lender and by type of loan.
Processing Fee - This is the processing fee expected to be paid by the customer. Payee may waive the processing fee for specific customers. In those cases, processing fee will be deducted from the Loan Income.

Commission rate for the Payee is decided based on loan income production by the Payee. Loan Income is cumulated throughout the fiscal year and at different tiers of total loan income for the year, different commission rates will apply. The appropriate commission rate is then applied against the Loan Income for a loan.

Year to Date Loan Income          Commission %

0 – 50,000                                           60%
50,001 – 100,000                                 70%
100,001 and Above                              80%

Example:

Loan: #1
Origination Fees: $4,000
Processing Fee: $400
Loan Income: ($4,000 - $400) = $3600
YTD Loan Income: $60,000
Commission Rate: 70%
Commission Amt: $3,600 x 70% = $2,520

Loan Product Commission

This incentive pays commissions on Jumbo Loans originated by the Payee. This commission is paid every week.

Credits:

Any Non-conforming (Jumbo) Loan Originations that are due to the Payee’s primary efforts are eligible for this commission. Commissionable transactions are funded originations to customer. Payee gets credit for the Loan Income when the origination is funded.

Calculation:

Calculation is based on the following data available from Loan Originations.
Loan Volume -This is the value of the loan.
Commission rate for the Payee is a flat rate calculated as Basis Points ( BP ) on the Loan Volume.
Commission Rate: 20 BP

Example:

Loan: #1
Loan Volume: $1,000,000
Commission Amt: $1,000,000 x 20BP = $2,000

Loan Volume Bonus

This incentive pays a bonus based on Loans originated by the Payee. This bonus is paid once a quarter

Credits:

Any Loan Originations that are due to the Payee’s primary efforts are eligible for this commission. Commissionable transactions are funded originations to customer. Payee gets credit for the Loan Volume when the origination is funded.

Calculation:

Calculation is based on the Loan Volume. The total loan volume is added up for the quarter.
If the total Loan Volume for a quarter is more than $2,000,000, then the Payee gets paid 10 Basis Points.

Example:

Loan Volume for the quarter: $2,400,000
Bonus Rate: 10 Basis Points
Bonus: $2,400,000 x 10 Basis Points = $2,400

Draw

Payee has a weekly draw. The weekly draw limit is calculated by multiplying the current minimum wage by the number of work hours in a week.
Payee will be advanced the amount difference between commissions earned during the week and the draw limit, if commissions earned is less than the draw limit.
If commissions earned is greater than the draw limit and there is a current draw balance owed to the Company, then the excess amount will be used to pay down the draw balance.
Draw recovery will continue until draw balance is reduced to zero.

Splits

Commissions can be split with other Payees, on a deal-by-deal basis with prior agreement from the company.
A spit can be made between one or more Payees playing the same role. In either case, a split percentage would apply indicating the payee’s share based on involvement.

Termination of Employment

On voluntary or involuntary termination of Payee’s engagement with the Company, commissions will be paid on transactions dated prior to the termination date only. Any amounts owed to the Payee will be according to federal and local regulations after withholding taxes and other dues.

Other Terms

1. Payee agrees to follow all Federal and Local laws while engaged in providing services to the Company during the period of this agreement.
2. Payee shall not engage in any other employment during the term of this agreement. Company reserves the right to require Payee to terminate any such other employment at Company’s sole discretion.
3. Any loan transaction entered into by the Payee during the period specified in this agreement is considered to be made on behalf of the Company and is the property of the Company.
4. All transactions involving other brokerage firms or unapproved providers should be first approved by the Company.
5. Payee shall be liable for all fees, including, but not limited to, Standard Fees, appraisals and credit reports ordered on applications or loans he/she originates, if such fees are not paid by the customer. Any unpaid fees will be deducted from any unpaid compensation otherwise due to the Payee under this agreement.
6. The Company establishes Standard Fees for various services, and Payee will require prior approval before changing any of the Standard Fees.
7. Payee agrees to protect all confidential material including prospect data, loan transactions, and client information belonging to the Company and shall take all reasonable care in making sure that such confidential material is not disbursed to anyone outside the company.
8. Payee shall read, understand and follow all compliance rules in operation from a Federal, state, local and Company level.
9. Payee shall be responsible for acquiring all necessary education, licenses and certificates to legally practice the Loan Brokerage profession.
10. Payee shall indemnify Company and hold harmless against any Loss or Damage incurred by the Company due to Payee’s gross negligence or misrepresentation during the duration of this agreement.
11. Payee shall use the most ethical practices while engaging in any sales activity.
12. Payee agrees to protect all confidential material including prospect data, sales data, and client information belonging to the Company and shall take all reasonable care in making sure that such confidential material is not disbursed to anyone outside the company.
13. This entire agreement shall be governed by the laws of the State of ___________.
Company Payee
_______________________ __________________________
By                                      By
_______________________ __________________________
Name                                 Name
_______________________ __________________________
Title                                   Title
_______________________ __________________________
Date                                   Date

i This date will give us information as to when this agreement was written and distinguish it from similar other agreements.
ii Fill out the company name here.
iii Fill out the payee’s full name here.
iv Enter the start and end date for the sales commission plan effective period. Most companies use the calendar or fiscal year start and end dates for these values. Some companies may not have an end date specified.
v If there is a targeted compensation for the full year, it can be entered here. Alternatively, this whole section can be removed.

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