Last reviewed: 16 October 2026
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How do mortgage comparison sites get paid?
The short answer: The CFPB says these platforms typically generate leads for the lenders and other providers on them, by sending you through to the provider's website, selling your contact information to the provider, or both.[1] Federal law (RESPA Section 8) bans paying or accepting a fee for referring mortgage settlement business, but it allows payment for services actually performed. In a 2023 advisory opinion, the CFPB said a platform crosses the line when it presents lenders non-neutrally in a way that steers you toward them, and it is paid at least in part for that steering.[1]
What RESPA Section 8 says
RESPA Section 8(a) says "no person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person."[6] Section 8(c) allows bona fide payments for goods or facilities provided or services rendered.[1]
What the CFPB said about comparison platforms
The advisory opinion took effect on February 13, 2023.[1][2] As of 16 October 2026, the CFPB still lists this advisory opinion as current guidance. It was not among the advisory opinions the CFPB withdrew on May 12, 2025, though the CFPB said it would keep reviewing its guidance.[5][4] It says a platform's operator receives a prohibited referral fee when all three of these are true:[1]
| Condition | In the CFPB's words |
|---|---|
| The platform presents providers non-neutrally | it "non-neutrally uses or presents information about one or more settlement service providers participating on the platform" |
| That steers you | it "has the effect of steering the consumer to use, or otherwise affirmatively influences the selection of, those settlement service providers" |
| The operator is paid for it | it "receives a payment or other thing of value that is, at least in part, for that referral activity" |
Two more points from the opinion:[1]
- A higher fee from one provider than from others "can be evidence of an illegal referral fee arrangement absent other facts indicating that the payment is not for enhanced placement or other form of steering."
- Equal fees don't settle it: a violation can exist "even if the Operator were to receive the same fee from each provider," when the platform steers consumers non-neutrally and the payment is at least in part for those referrals.
What a neutral ranking looks like
The CFPB names neutral criteria: "APR, objective consumer satisfaction information, or factors the consumer selects for themselves to rank or sort the settlement service providers on the platform."[1] So when you use a comparison site, check:
- How the list is sorted. Can you sort by APR, or by factors you choose?
- What the site discloses about how it's paid. Look for that disclosure near the results. Per the CFPB, a disclosure alone doesn't make paid steering legal: "a disclosure does not cure what would otherwise be a RESPA section 8(a) or 8(b) violation."[1]
- Who the lender is. Look up the lender's NMLS ID on NMLS Consumer Access, the official registry.[3]
How The Mortgage Record handles this
Right now this site earns nothing. See How we make money for our rules. No paid rankings. Pass or fail is never for sale.
This is general information, not legal advice.
FAQ
Is it legal for a mortgage comparison site to be paid by lenders?
Being paid for real services is not banned by itself. RESPA Section 8(c) allows bona fide payments for services actually performed. The CFPB says the line is crossed when the platform presents lenders non-neutrally in a way that steers you toward them, and is paid at least in part for that steering.
If every lender pays the site the same fee, is that automatically fine?
No. The CFPB's 2023 advisory opinion says a platform can violate RESPA Section 8 even if it receives the same fee from each provider, when the platform steers consumers non-neutrally and the payment is at least in part for those referrals. A higher fee from one lender can be evidence of an illegal referral fee, unless other facts show the payment isn't for better placement or steering.
What counts as a neutral way to rank lenders?
The CFPB gives examples: APR, objective consumer satisfaction information, or factors you select yourself to rank or sort the providers.
How can I check a lender a comparison site shows me?
Look up its NMLS ID on NMLS Consumer Access, the official registry, and compare more than one offer before you choose.
References
- [1] CFPB, Real Estate Settlement Procedures Act (Regulation X); Digital Mortgage Comparison-Shopping Platforms and Related Payments to Operators, advisory opinion, 88 FR 9162 (February 13, 2023). https://www.govinfo.gov/content/pkg/FR-2023-02-13/pdf/2023-02910.pdf
- [2] CFPB, rule page for the same advisory opinion (checked 16 Oct 2026). https://www.consumerfinance.gov/rules-policy/final-rules/real-estate-settlement-procedures-act-regulation-x-digital-mortgage-comparison-shopping-platforms-and-related-payments-to-operators/
- [3] NMLS Consumer Access (checked 16 Oct 2026). https://www.nmlsconsumeraccess.org/
- [4] CFPB, Interpretive Rules, Policy Statements, and Advisory Opinions; Withdrawal, 90 FR 20084 (May 12, 2025) (checked 16 Oct 2026). https://www.govinfo.gov/content/pkg/FR-2025-05-12/pdf/2025-08286.pdf
- [5] CFPB, Compliance guidance list (checked 16 Oct 2026). https://www.consumerfinance.gov/compliance/guidance/
- [6] 12 U.S.C. 2607(a), Cornell LII (checked 16 Oct 2026). https://www.law.cornell.edu/uscode/text/12/2607