Delaware mortgage advertising rules

License and NMLS ID display

Statute. Guidance is not law.

Last verified 2026-09-17.

NMLS unique identifier: REQUIRED (statutory). 5 Del. C. § 2420 [STATUTE] [OFFICIAL. delcode.delaware.gov]:

"The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule, regulation or order of the Commissioner."

Media list conjunctive. Content: unique identifier only.

State license number / licensure statement: PERMISSIVE, NOT REQUIRED. 5 Del. Admin. Code 2101 § 5.4 [REGULATION] [REPRODUCTION. Cornell LII]:

"When a licensee advertises with respect to its services under 5 Del.C. Ch. 21, the advertisement may state that the licensee is licensed by the Delaware State Bank Commissioner to engage in business in this State and may specify the license number and expiration date of the license."

5 Del. Admin. Code 2201 § 9.4 [REGULATION] [OFFICIAL. regulations.delaware.gov]: same permissive structure for licensed lenders.

⚠️ This is the Delaware trap, and it cuts both ways:

• Delaware does not require the state license number in advertising (unlike Arizona, which requires the employer's state license number, or California DRE, which requires the DRE number).
• But the regulation is written as a permission with defined content. "may state that the licensee is licensed by the Delaware State Bank Commissioner ... and may specify the license number and expiration date." If you elect to reference Delaware licensure, stay inside that formulation. Deviating into "approved by," "supervised by," or "regulated by the Delaware State Bank Commissioner" is not within the permission and is separately at risk under § 5.2 / § 9.2.
• **Note the optional element includes the license *expiration date***. an unusual permitted disclosure.

Delaware-specific note: 5 Del. Admin. Code 2201 § 8.3 requires the MLO's NMLS unique identifier on residential mortgage loan application forms. that regulation is application-form-only and is *not* the advertising authority. The advertising authority is the statute, 5 Del. C. § 2420.

Prohibited claims

Regulation. Guidance is not law.

Last verified 2026-09-17.

5 Del. Admin. Code 2101 § 5.1–5.3 / 2201 § 9.1–9.3 [REGULATION]:

"5.1 / 9.1: A licensee shall not advertise in any way that is false, misleading or deceptive."

"5.2 / 9.2: Any advertising that in any way falsely indicates that its source or origin is a government agency or the recipient's existing lender is prohibited."

"5.3 / 9.3: A licensee shall not advertise any credit terms that are not actually available."

5 Del. C. § 2418 [STATUTE] [OFFICIAL. delcode.delaware.gov]. prohibited acts for mortgage loan originators:

• § 2418(5): *"Solicit, advertise, or enter into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting"*
• § 2418(9): *"Make, in any manner, any false or deceptive statement or representation, or engage in 'bait and switch' advertising"*

Analysis of what attaches to what:

• § 5.1/9.1 and § 2418(9) attach to all claims, not only rates.
• § 5.2/9.2 attaches specifically to claims about the source or origin of the ad. government agency or existing lender. Note it says "falsely indicates". so a true statement of affiliation is fine; this targets impersonation and lookalike mailers.
• § 5.3/9.3 and § 2418(5) attach to credit terms / rates / points availability.
• "Bait and switch advertising" is named as a distinct statutory violation (as in Colorado).
• No express word-ban on "lowest," "best," "cheapest," "guaranteed," "pre-approved," "free," or "no cost" located.

Rate advertising

Statute. Guidance is not law.

Last verified 2026-09-17.

Delaware's overlay is the actual-availability requirement, stated twice and at two levels:

• Regulation (§ 5.3 / § 9.3): no advertising of credit terms "not actually available."
• Statute (§ 2418(5)): no soliciting or advertising "specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting."

Note the statutory timing anchor. "at the time of soliciting, advertising, or contracting." This makes staleness of an advertised rate an independent violation, which matters for programmatic/evergreen digital creative and for scheduled social posts. No APR, lock-term, or "rates subject to change" mandate located beyond this.