All states · Filled 2026-09-17
Mississippi mortgage advertising rules
Reference only
Adline flags phrases that match cited rules. It does not certify that Mississippi marketing is compliant. We flag and cite. We never certify. This is not legal advice. Whether a rule reaches you depends on your license type. Federal Reg Z and Reg N still apply.
Reference only. Mississippi rules are written down here. The engine does not scan for them yet. The engine cites Washington, Arizona, and Idaho only.
Regulating agency
Mississippi Department of Banking and Consumer Finance
Mississippi Department of Banking and Consumer Finance (DBCF); the Commissioner of Banking and Consumer Finance.
NMLS and license display: Conjunctive.
Governing statute and administrative code
[STATUTE]Mississippi S.A.F.E. Mortgage Act, Miss. Code Ann. § 81-18-1 et seq. The advertising section is § 81-18-31.[REGULATION]5 Miss. Admin. Code Pt. 2, Ch. 1 (Title 5: Banking and Consumer Finance, Part 2: Mortgage Company Activities, Chapter 1: Mississippi S.A.F.E. Mortgage Act). Rule 2-1.7 is "Advertisements."
Second regime: Mississippi separately regulates consumer/small lending under the Small Loan Regulatory Law and Small Loan Privilege Tax Law (Miss. Code Ann. Title 75, Ch. 67). NOT VERIFIED whether that regime carries its own distinct advertising rules. not retrieved. For residential mortgage advertising, § 81-18-31 is the operative provision.
License and NMLS ID display
Verified[STATUTE] Miss. Code Ann. § 81-18-31 directs the department to promulgate advertising regulations "including, but not limited to, the following requirements":
- (c) "That all published advertisements disseminated primarily in this state by a license shall contain the name and an office address of the licensee, which shall be the same as the name and address of the licensee on record with the department;"
- (e) "That 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]..."
So a published Mississippi ad must carry name AND office address (both matching the DBCF record), and, where a person is originating, the unique identifier. The name/address pair is conjunctive and the address-match requirement is unusual. a marketing address that differs from the licensed address is a violation on its face.
[REGULATION] 5 Miss. Admin. Code 2-1.7: "Advertisements are considered to be in print or by electronic means and do include internet websites and advertisements. Business cards are considered by the Department to be a form of advertisement and must meet the requirements for such."
Prohibited claims
Verified[STATUTE] § 81-18-31(a): "That all advertisements for loans regulated under this chapter may not be false, misleading or deceptive. No person whose activities are regulated under this chapter may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are 'recommended,' 'approved,' 'set' or 'established' by the State of Mississippi." This attaches specifically to interest rates and charges, and bans four specific verbs. It is a state-endorsement ban, narrower and more precise than a generic "government affiliation" ban.
[STATUTE] § 81-18-27(1)(h): no licensee shall "Engage in any fraudulent residential mortgage underwriting practices, which include, but are not limited to, making in any manner, any false or deceptive statement or representation including, with regard to the rates, points or other financing terms or conditions for a residential mortgage loan, or engage in bait and switch advertising."
[STATUTE] § 81-18-27(1)(i): no licensee shall "Solicit or enter into a contract with a borrower that provides in substance that the person or individual subject to this chapter may earn a fee or commission through 'best efforts' to obtain a loan even though no loan is actually obtained for the borrower."
No express Mississippi ban on "lowest," "best," "cheapest," "guaranteed," "free," or "pre-approved" was located. Searched § 81-18-31, § 81-18-27, and 5 Miss. Admin. Code Pt. 2 Ch. 1. NOT VERIFIED as an express word ban.
Rate advertising
Verified[STATUTE] § 81-18-31(d): "That an advertisement containing either a quoted interest rate or monthly payment amount must include: (i) The interest rate of the mortgage, a statement as to whether the rate is fixed or adjustable, and the adjustment index and frequency of adjustments; (ii) The term in years or months to fully repay the mortgage; (iii) The APR as computed under federal guidelines..."
The trigger is disjunctive (a quoted rate *or* a monthly payment), but the required content is conjunctive. all of (i), (ii) and (iii). Critically, quoting only a monthly payment triggers the full package, including the rate, the fixed/adjustable statement, the index and adjustment frequency, the term, and the APR. Reg Z § 1026.24(c)/(d) does not go this far on a bare payment quote.
Ad filing, prior approval, retention
None found- Prior approval / filing: none located. Searched § 81-18-31 and 5 Miss. Admin. Code Pt. 2 Ch. 1. NOT VERIFIED; evidence points to no such requirement.
- Retention with mandatory corroboration attached.
[STATUTE]§ 81-18-31(b): "That all licensees shall maintain a copy of all advertisements citing interest rates or payment amounts primarily disseminated in this state and shall attach to each advertisement documentation that provides corroboration of the availability of the interest rate and terms of loans and names the specific media sources by which the advertisements were distributed."
Two obligations most programs miss: (1) corroborating rate-availability documentation must be attached to the retained ad, and (2) the retained file must name the specific media sources through which the ad ran. **No retention *period* is stated in § 81-18-31. NOT VERIFIED** as to duration. searched the statute and Chapter 1 rules; no ad-specific clock located.
Social media and character-limited media
None found[REGULATION] 5 Miss. Admin. Code 2-1.7 brings electronic media and websites squarely in scope and deems business cards advertisements. No Mississippi rule or guidance addressing social media by name was located, and no abbreviated-disclosure accommodation for character-limited media was located. NOT VERIFIED.
This is a practical problem in Mississippi: § 81-18-31(d) requires five data points whenever a payment or rate is quoted, and there is no short-form relief.
Anything unusual
1. Quoting a monthly payment alone triggers full rate disclosure (rate, fixed/adjustable, index, adjustment frequency, term, APR). A "$1,450/mo" social post is a compliance event in Mississippi. 2. Corroboration must be physically attached to the retained ad, and the retained record must name the media sources used. 3. Advertised name and office address must match the DBCF record exactly. 4. The state-endorsement ban is verb-specific. "recommended," "approved," "set," "established." 5. A proposed amendment package is circulating. The Mississippi Secretary of State's administrative-code system carries a proposed Title 5 Part 2 rewrite (renumbering Rule 1.7 Advertisements, adding remote-work, dual-agency and servicer financial-responsibility rules, citing "(Rev. 2026)"). Treat rule numbering as in flux and verify against the adopted code before publication. Source listed below and labeled as a proposed document.
Penalties
Verified[STATUTE] § 81-18-39(3): a person who violates a properly issued department order "shall be liable for a civil penalty not to exceed Three Thousand Dollars ($3,000.00)," with factors (size of resources, good faith, gravity, history) and a 10-day hearing-request window. [STATUTE] § 81-18-43 (as reenacted): "The maximum amount of penalty for each act or omission described in this subsection shall be Twenty-five Thousand Dollars ($25,000.00)," and "Each violation or failure to comply with any directive or order of the commissioner is a separate and distinct violation or failure." A first offense may also be charged as a misdemeanor. [REGULATION] 5 Miss. Admin. Code 2-1.9 (Penalties assessed by the Department): a penalized company or loan originator has 30 days to pay in full unless the Department directs otherwise.
Sources
- https://billstatus.ls.state.ms.us/documents/2020/html/HB/1300-1399/HB1378IN.htmreproduction Miss. Code Ann. § 81-18-31, full verbatim text as reenacted (Mississippi Legislature, HB 1378, 2020 Regular Session, Section 19):
- https://law.justia.com/codes/mississippi/title-81/chapter-18/in-general/section-81-18-31/reproduction Miss. Code Ann. § 81-18-31 (current code):
- https://www.law.cornell.edu/regulations/mississippi/5-Miss-Code-R-SS-2-1-7reproduction 5 Miss. Admin. Code 2-1.7 (Advertisements):
- https://www.law.cornell.edu/regulations/mississippi/title-5/part-2/chapter-1reproduction 5 Miss. Admin. Code Pt. 2, Ch. 1 index:
- https://www.law.cornell.edu/regulations/mississippi/5-Miss-Code-R-SS-2-1-1reproduction 5 Miss. Admin. Code 2-1.1 (Purpose; names the DBCF):
- https://www.sos.ms.gov/adminsearch/ACProposed/00028519b.pdfofficial **PROPOSED** Title 5 Part 2 rule package, Mississippi Secretary of State administrative-code search: