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Stated Income, a Volume Bonus, and a Referral Invoice

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Stated Income, a Volume Bonus, and a Referral Invoice

Miko is a licensed mortgage broker. A borrower, Dan, applies for a $520,000 first mortgage on a $610,000 purchase. Dan's stated gross income is $95,000, but the bank statements he provides show irregular cash deposits and two months with no payroll deposit at all. Dan says his employer pays him "partly in cash" and asks Miko to "just submit the $95,000 - the lender won't check." Separately, the lender's wholesale program pays Miko a 25-basis-point volume bonus if the file funds before month-end, and a private "lead generator" has invoiced Miko $1,200 for the referral, which Miko intends to pay out of his commission. Dan has not been told about either arrangement. Dan's total debt service ratio would sit at the lender's maximum if the $95,000 is accepted.

1. Can Miko submit the file showing $95,000 of income?

Read the worked answer

No. Miko cannot submit an income figure he has reason to believe is unsupported. "The lender won't check" is the precise risk a licence exists to control - it is not a reason to proceed.

What the file needs

  • Verification from source documents that match the stated figure: an employer letter plus corroboration, tax returns and notices of assessment, and bank deposit history that actually shows the income.
  • A suitability and affordability assessment, not just a qualifying calculation. Dan's file is already at the lender's maximum debt-service ceiling; that is the worst possible moment to accept an unverified number, because the first rate increase or repair bill pushes him into default.

The instruction itself Dan is asking Miko to make a false or unverified statement to a lender. Refuse, explain why, and record the conversation. If Dan insists, Miko withdraws from the file and documents the reason. If Dan can genuinely prove cash income, the route is a lender whose program accepts documented non-standard income - not a guess in the application.

Practical sequence Request the missing verification in writing, set a deadline, and only submit what is verified. If the verified income lowers the loan amount, Dan needs to hear that now, not at funding.

2. What must Miko disclose about the volume bonus and the $1,200 referral invoice?

Read the worked answer

Both are conflicts of interest that must be disclosed to Dan in writing before he commits to the mortgage, because each could influence the recommendation he is being asked to rely on.

The volume bonus A month-end bonus creates an incentive to fund quickly and to steer Dan toward this lender rather than a better-fitting one. Dan should be told the amount and the condition. Disclosure does not remove the incentive; it lets Dan weigh the advice knowing it exists.

The lead-generator invoice - two separate questions

  1. Disclosure: Dan should be told that a third party is being paid for the referral, by whom, and how much.
  2. Permissibility: disclosing a prohibited payment does not make it lawful. A brokerage generally may not pay a fee or commission to an unlicensed person for referring a borrower, and the lender's own anti-inducement rules may add a second bar. Miko must confirm whether the lead generator holds a licence and whether the payment is permitted at all - check the current Rules and the lender's program terms before paying.

Calling it a "marketing fee" or netting it out of commission does not change the analysis. Get Dan's written acknowledgement and keep it on file.

3. The volume bonus only pays if the file funds by Friday. What should Miko do?

Read the worked answer

Miss the deadline if the file is not ready. The bonus is the least important fact in the room, and the moment it starts shaping the recommendation it has become a conflict that has not been managed.

Reasoning through it

  • Dan's debt-service ratio is at the lender's ceiling on unverified income. Pushing to fund to catch a deadline removes the time needed to verify, which is exactly when bad files get funded.
  • If a better lender or a smaller loan is the right answer for Dan, the right answer is the right answer on Thursday as well as on Monday. A bonus that only pays for speed is designed to test this.
  • Miko should tell Dan plainly: "There is a bonus if this funds by Friday, and I am telling you because it could look like I am rushing you. I am not going to submit until the income is verified."

Documentation Record the disclosure, the verification steps, and the reason for any delay. If the file is genuinely complete and Dan has chosen the product on the merits, funding by Friday is fine - the point is that the choice is made on the merits, not on Miko's calendar.