How State Regulators Are Cracking Down on Mortgage Advertising in 2025 (And How to Stay Out of Trouble)

Mortgage Ads in 2025: Why That “Simple Facebook Post” Could Get You Fined

Posting a flashy mortgage ad used to be as simple as uploading a Canva graphic and hitting “boost.” In 2025? Not so much.

From Texas to Massachusetts, state regulators are putting mortgage advertising under a magnifying glass—and the most common offenders aren’t shady brokers. They’re regular mortgage pros who didn’t realize their latest Instagram reel or email headline needed to include specific disclosures.

The good news? You don’t need to become a legal expert. You just need to know what regulators are looking for—and how to fix issues before they turn into enforcement actions.

👀 The Top 3 Things State Regulators Are Flagging This Year

1. Missing or Incomplete NMLS Disclosures

Yes, even on social media.
Every mortgage ad—whether it’s a Facebook post, Google ad, or your personal Instagram story—must include your NMLS ID and state licensing info. That includes any image or video that could be interpreted as offering a loan.

🛑 What counts as an “ad”?
If you’re promoting rates, approvals, or your services—it’s an ad. Even if it’s on your personal account.

🛠️ Quick Fix:
Use a compliant template or add a footer with your NMLS and licensing language to all digital ad creative.

2. Misleading Claims Like “Instant Approval” or “No Credit Check”

This one’s a favorite for enforcement teams. Language like “guaranteed approval,” “fast track loans,” or “no credit needed” can trigger a review—even if your intentions were good.

💡 Relatable Example:
One broker used “Get Approved in Minutes!” on a YouTube ad. A state examiner flagged it for implying automatic approval, which violated advertising rules in two states. Luckily, they called SCP before the fine landed—and we worked with regulators to resolve it.

Better Language:
“Fast Pre-Qualification Options Available”
“Apply Now to See What You Qualify For”

3. Unsubstantiated Rate or Fee Claims

You can’t just say “Rates as low as 4.99%!” unless you can prove it—and include the necessary APR, terms, and conditions.

⚠️ If you quote a rate, you also need:

  • APR
  • Loan type
  • Payment amount
  • Term
  • Disclosure that it’s not guaranteed
  • Other conditions to obtain that rate, such as credit score, points,fixed or adjustable, LTV, etc. 

🔍 Why This Matters:
Even one unverified rate claim can result in a cease-and-desist or a costly fine—especially in states like California, New York, and Illinois, where enforcement is increasing.

🔍 Not Sure If Your Ads Are Compliant? Let Us Take a Look

At Strategic Compliance Partners (SCP), we audit thousands of ads each year for brokers, lenders, and loan officers. Whether you’re running Google PPC campaigns, email funnels, or Instagram Reels, we can review your content to ensure it’s state and NMLS compliant—before regulators do.

Here’s what our ad audit includes:

  • NMLS & licensing disclosure checks
  • Language and claims review
  • Social media platform policy alignment
  • Suggestions for compliant alternatives
  • Federal and state advertising requirements
  • A final thumbs-up from compliance experts like Melissa (yes, she’s seen it all) 

🧠 Pro Tip:

Set a reminder to review your ad library every quarter. Even if an ad was compliant last year, updated state rules (or new campaigns) might make it risky in 2025.

✅ Takeaways: How to Keep Your Mortgage Ads Safe (and Effective)

  • Include NMLS + state licensing info on every ad
  • Avoid vague or too-good-to-be-true language (no “instant approvals”)
  • Back up any rate or fee claims with full disclosures
  • Get a professional audit—because “oops” doesn’t fly with regulators
  • Update your ad templates regularly as rules evolve 

📞 Worried Your Ads Might Raise Red Flags?
Let’s review your current content and fix the small stuff before it becomes a big deal.

👉 Email sales@strategiccompliancepartners.com
📞 Call us at 301.578.6015
🔗 Or visit our Compliance Services Page for a full overview.

What’s the most confusing part of mortgage ad compliance for you?
Tell us—we’re here to help (and we’ll never make fun of your Canva skills).

📚 Sources:

  • NMLS Advertising Guidelines
  • CFPB Mortgage Advertising Rules 

Individual State Mortgage Regulator Bulletins (2024–2025)

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About Ari Karen

Ari Karen is an experienced litigator who has focused his practice in representing financial institutions in both government investigations and litigation before state and federal trial and appellate courts nationwide. Mr. Karen’s practice is diverse, representing clients on matters concerning banking regulations, Dodd Frank financial reform laws, contractual disputes, employment and labor statutes, wage-hour class actions, employment discrimination and fair lending matters, whistleblower complaints and non-competition claims, among others.

Mr. Karen speaks regularly on topics affecting all types of lenders including fair lending and disparate impact, LO compensation, marketing service agreements, compliance with social media, non QM lending, vendor management, and much more. Mr. Karen is a principal in the Financial Institutions Regulatory and Labor and Employment practice groups of the Offit Kurman law firm.