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It’s not unusual for Mortgage Lenders to openly recruit their competitors best loan originators. It’s not unusual for the most productive originators to get the best offers to move. Unfortunately, it is also not unusual for these originators to try, by any method they can, to move their pipeline of business from one company to another when they make a move. Sometimes, they are incented to do so.
Guaranteed Rate, based in Chicago, which offers the “World’s First Digital Mortgage”, found out the hard way that bringing on new high powered originators that try to bring along their pipelines and customers could be trouble. This is considered “corporate espionage,” according to an Orange County Superior court jury who awarded Mount Olympus Mortgage Company, of Irvine, CA., who lost some originators to Guaranteed, more than $25 million dollars for lost (stolen) business. (Pipelines).
When I first started in the mortgage business, a long time ago, it was almost unheard of for a Mortgage Banker to steal a loan originator from a local competitor. These lenders worked together to serve their communities and their employees. In fact, when an originator applied for a position with another company the owners would call each other to find out why the employee would leave. There was a gentlemen’s agreement not to raid each other’s shop as they knew that would only lead to trouble.
Things have changed. In the ongoing drive to grow companies and increase originations, lenders have come up with a myriad of ways to attract the best originators from each other. In reality, benefits only come when an originator makes a change to a company that will provide them with better support, better products and/or better pricing. If not, why make the move? It is usually to make more money. No one can fault anyone for that. As long as it is all done above board.
As in sports, if one team can offer a player a better contract and/or playing conditions, who can blame them for leaving. The difference is that players don’t steal the fans or the box office receipts. The ongoing argument among lenders and LOs is “who owns the customers in the pipeline?” The answer seems simple. Once a consumer makes an application with a lender that consumer becomes the customer of that lender. The loan originator is an employee of that lender who facilitated that transaction. Everyone doesn’t agree…
A new lender can make arrangements to compensate the existing lender by buying out the pipeline or make arrangements with their new LO to compensate them in some way for what they leave behind. However, according to the courts, the new company cannot conspire with the LO to “steal” the business from the old company. That just ain’t right.
Many lenders are seeking to increase business in 2016. They plan to do so by bringing on additional originators; either as in-house employees or as “net” branch operations. Either way is fine as long as you understand and play by the rules. The Orange County court has set down some guidelines. You had better pay close attention this ruling.
This goes for the LOs as well. If a company is willing to break the rules to bring you on board, they are probably also willing to do so when making loans and paying future compensation. Either can hurt an LO both in reputation and income. Is it worth it in the long run?
Lenders need to take care as well. Just because an originator is successful at one company is no guarantee they will be so at a new company. A successful originator is not a guaranteed lock as a successful net branch operation. There’s a lot more to operating a profitable branch than just originating new loans.
So, when making a change, both sides need to do their homework. If either party wants to color outside the lines, it may be best to stay away. Fairness, honesty, and transparency are key ingredients to any successful relationship. When you start off on the wrong foot, you’re bound to stumble and fall.
Do things right; because that’s the right thing to do.
