Compliance

Best Practices for Managing Marketing Compliance at the Enterprise Level

5 mins read
September 27, 2017
By
Total Expert

Mortgage lenders are under constant scrutiny from regulators and it is critical that your organization is not only being proactive about creating a company culture of marketing compliance, but is “audit-ready” at any time. In a recent webinar, special guest, Mitch Kider, Chairman and Managing Partner at Weiner, Brodsky, Kider PC shared how to ensure your organization avoids potential compliance pitfalls and is prepared for an audit.  

Policies and Procedures

First, ensure your organization has adequate policies and procedures in place, including what your marketing can entail, what media your loan officers (LOs) and others can use, and what is and is not permissible based on federal and state laws.

Implementation of Policies and Procedures

The regulators expect that your organization has policies and procedures in place. If you’re audited, they will want to know how you’re implementing these policies and procedures.  

Kider says the “very best practice” in regards to marketing compliance is that you centralize your compliance review of all marketing materials, including co-marketing, social media, web advertising, print media and all things marketing.  

Your compliance department needs to be able to review and approve all marketing materials before anything goes out the door. Kider notes that companies really start to get into trouble when the compliance review of marketing materials is not held within a central system of record.

Biggest Audit Pitfalls for Lenders

So you think you’re prepared for an audit…  

Kider notes there are two main areas that present the biggest potential pitfalls for lenders when it comes to dealing with an audit:  

  1. Not being able to deliver the advertisements, marketing programs, scripts and other marketing materials on a timely basis.
    • Regulators expect you can hand marketing and advertising materials they request over to them within five days, and typically sooner. Laws require that you maintain these materials and that they be easily and quickly accessible to auditors. Ensure you have your marketing materials in a centralized repository so they can be easily given to regulators.
    • Kider’s “very best practice” of centralizing your compliance review of all marketing materials will support this quick turnaround to auditors.
  2. Not having full visibility into what every LO and branch manager is doing from a marketing and advertising perspective in the field.
    • If a lender can’t control “rogue marketing” where LOs and branch managers are sending out marketing materials without compliance approval, they have a compliance management system problem. Put simply – your system has failed. Lenders must train, educate and discipline (if necessary) their LOs and branch managers because the potential liability of “rogue marketing” is “spectacular,” according to Kider.

It is not enough to have policies and procedures in place – this is expected. If your organization is audited, regulators will want to see how you are implementing these policies and procedures.  

Kider’s “very best practice” to centralize the compliance review of all marketing materials will help you avoid the two major pitfalls of an audit: not being able to deliver marketing materials fast enough to auditors and not having full visibility into marketing activities happening in the field. Centralizing your compliance review of all marketing materials into a system of record for all marketing and compliance will make everything easily accessible and deliverable to auditors, proving your organization has processes in place and is implementing them.

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Suddenly, loan officers could answer three simple questions about every opportunity: Who is the lead? What do they need? Why is the opportunity present right now?

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The bigger picture: human + AI operating model

What USA Mortgage discovered is that the future isn't human or AI. It's human + AI.

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  • Automation handling the high-volume, time-sensitive outreach
  • Consistency across the entire organization
  • Tools that make their job easier, not harder

Three takeaways

If you're struggling with lead follow-up, originators working in silos, or deals slipping out the back door, here's what to focus on:

1. Strong lead management isn't just about speed—it's about long-term nurturing
Speed matters for converting hot leads, but most conversions happen in the follow-up. Build a nurturing strategy that keeps borrowers engaged from first touch through the next opportunity to serve.

2. Your database is your biggest opportunity; operationalize it like a referral partner lead

‍If you're not connecting data intelligence with lead management, you're leaving deals on the table. Treat past-customer insights with the same urgency and structure as a purchased lead or referral partner referral.

3. Build an enterprise strategy with human + AI models

‍Replace ad-hoc originator habits (spreadsheets, personal reminders, disconnected systems) with a unified, AI-assisted operating model. Consistency across your sales force is what unlocks scale.

Watch the full conversation

Hear how USA Mortgage is using Total Expert to solve their lead management challenges, develop a better understanding of their customers, and engage opportunities at scale.

Ready to explore how a human + AI operating model could transform your originator productivity and customer conversions?

Reach out to your Total Expert Customer Success Manager or book a demo with our team below!

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