Permissible Fees by state
Which origination fees, points, and charges are permitted or capped for mortgage brokers vs. lenders, by state.
17 states covered. Select a state for the full answer and its citation.
| State | Permissible Fees |
|---|---|
| California | For first-lien residential mortgage loans, total costs and expenses (including origination, processing, and underwriting fees, but excluding title charges and recording fees) are capped at the greater of 5% of the principal or $390, not to… |
| Colorado | Colorado permits mortgage brokers to charge fees disclosed in writing within three business days of application, but a fee that inures to the broker’s benefit may not exceed the disclosed amount unless the need was not reasonably foreseeabl… |
| Connecticut | The regulation prohibits payment of commissions, gratuities, or broker's fees to dealers or salesmen for loan referrals under Part III of Chapter 668. However, affiliated entities making loans over $5,000 may pay such fees, subject to limit… |
| Delaware | Delaware does not impose specific caps on mortgage broker or lender fees, including origination, application, processing, or underwriting fees. Licensees may receive any compensation allowed under 5 Del.C. Ch. 21 and not prohibited by feder… |
| Florida | For mortgage loans, a mortgage broker may charge a loan origination fee capped as follows: on loans of $1,000 or less, $250; on loans $1,001–$2,000, $250 plus $10 per additional $100; on loans $2,001–$5,000, $350 plus $10 per additional $10… |
| Illinois | In Illinois, a mortgage broker or lender (licensee) may charge origination fees, commitment fees, rate-lock fees, assumption fees for FHA/VA loans, and fees for third-party services such as credit reports and appraisals. Fees may be collect… |
| Kansas | For first-lien residential mortgage loans, Kansas does not impose specific caps on fees (origination, application, processing, underwriting) unless the loan is subject to the Kansas Uniform Consumer Credit Code (U3C), which occurs when the… |
| Minnesota | Minnesota does not impose specific caps on individual fees such as origination, application, processing, or underwriting fees. However, Minnesota Statutes § 58.137 prohibits a residential mortgage originator from including in the principal… |
| Mississippi | Mississippi caps direct fees (including origination, application, processing, underwriting, and other advance fees) charged by a mortgage broker or lender to a borrower at 7.95% of the original principal amount of the loan. Exceptions inclu… |
| Missouri | In Missouri, mortgage brokers may not require payment of fees prior to loan closing except for actual and necessary third-party charges (administered per rule) and rate-lock fees, provided the broker is also a lender. A broker that is not a… |
| Nebraska | Nebraska law generally permits mortgage brokers and lenders to charge fees that are reasonable and necessary. Permissible fees include origination fees, appraisal fees, credit report fees, title services, recording fees, and other actual ch… |
| New Jersey | In New Jersey, a lender may only charge fees listed in N.J. Admin. Code § 3:1-16.2(a), including application fee, credit report fee, appraisal fee, commitment fee, lock-in fee, warehouse fee, specified third-party fees, discount points, and… |
| New Mexico | New Mexico caps broker fees at 6% of the principal loan amount (NMSA 58-21-18). Mortgage lenders may charge reasonable settlement, origination, transaction, and other fees not otherwise prohibited by state or federal law. There is no specif… |
| North Carolina | For a residential first-lien mortgage loan (home loan) under N.C. Gen. Stat. § 24-1.1A, a lender may charge at closing: loan application, origination, commitment, and rate lock fees; construction loan administration fees; bona fide discount… |
| Pennsylvania | Mortgage lenders may charge interest, discount points, origination fees, delinquency charges, and actual costs for title examination, credit reports, appraisals, and other processing fees. Mortgage brokers may collect actual title, credit r… |
| West Virginia | West Virginia caps combined fees and points (including yield spread premiums) charged by both mortgage brokers and lenders on first-lien residential mortgage loans at 5% of the loan amount, excluding reasonable third-party closing costs. Wi… |
| Wyoming | Wyoming law permits mortgage brokers to charge fees that are disclosed in a good faith estimate, including third-party fees such as credit report and appraisal fees. Brokers may not require payment of fees before closing except for actual t… |
Other state comparisons
- Prepayment Penalty Rules by state (44 states)
- Disclosure Requirements by state (38 states)
- Required Documents by state (30 states)
- High-Cost Thresholds by state (3 states)
Researched and verified against primary sources by AI, with the controlling citation shown on every answer. Not human-reviewed and not legal advice — confirm against the cited source before relying on it.