New Hampshire mortgage advertising rules

License and NMLS ID display

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] RSA 397-A:14-a, II: "Licensees shall ensure that the Nationwide Multistate License System and Registry 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."

Single-element on its face: the originating person's NMLS unique identifier. No New Hampshire requirement to display a state license number in advertising was located. Searched RSA 397-A in full. NOT VERIFIED as to any company-license-number display mandate.

A separate, non-advertising parallel exists at [STATUTE] RSA 397-A:14, V: the unique identifier "shall be clearly shown on the residential mortgage loan application, note, security instrument and any other documents as may be established by rule, regulation, or order of the commissioner." Note this one reaches the note and security instrument, which the advertising subsection does not.

Prohibited claims

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] RSA 397-A:14-a, I: "No licensee or other person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or conditions for the lending of money under the provisions of this chapter which is false, misleading, or deceptive. Any reference to the amount of a loan shall refer to the original principal amount. Any statement so made of the amount of an installment or the rate or amount of interest charges required for any loan shall comply with the provisions of the federal Consumer Credit Protection Act, (15 U.S.C. 1601 et seq.) as amended."

Two under-noticed operative rules embedded in that paragraph:

• "Any reference to the amount of a loan shall refer to the original principal amount." A hard definitional rule. advertised loan amounts must be original principal, not amount financed, not payoff, not a net figure.
• The "or other person" reach: RSA 397-A:14-a, I binds not just licensees but any person.

[STATUTE] RSA 397-A:14, IV. prohibited acts for "No person subject to this chapter":

• (b) may not "Solicit or enter into a contract with a borrower that provides that the person 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";
• (c) may not "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";
• (g) may not "Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan, or engage in bait and switch advertising";
• (n) may not "Engage in unfair, deceptive, unethical, or fraudulent business practices." Note "unethical". a standard broader than the usual UDAP triad.

No express New Hampshire ban on "lowest," "best," "cheapest," "guaranteed," "free," "pre-approved," or government affiliation was located. Searched RSA 397-A in full. NOT VERIFIED.

Rate advertising

Statute. Guidance is not law.

Last verified 2026-09-17.

• [STATUTE] RSA 397-A:14, IV(c). the availability rule above: advertised specific rates, points, or financing terms must be "actually available at the time of... advertising."
• [STATUTE] RSA 397-A:14-a, I. installment amount, rate, or interest-charge statements "shall comply with the provisions of the federal Consumer Credit Protection Act," i.e., a state-law hook that converts a federal TILA advertising violation into a New Hampshire licensing violation.
• The "original principal amount" rule for any reference to loan amount.

No New Hampshire-specific APR-disclosure or "rates subject to change" mandate beyond these was located. NOT VERIFIED.

Social media and character-limited media

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] RSA 397-A:14-a, II expressly names "websites." RSA 397-A:14-a, I reaches advertising "in any manner whatsoever," which covers electronic media by its breadth.

No New Hampshire rule or guidance addressing social media by name was located, and no abbreviated-disclosure accommodation for character-limited media was located. This follows directly from the expiration of the Ban chapters. there is no rulemaking vehicle currently carrying such guidance. Searched RSA 397-A, the NH Banking Department laws/rules/guidance page, and the LII index of Title Ban. NOT VERIFIED.

Penalties

Statute. Guidance is not law.

Last verified 2026-09-17.

[STATUTE] RSA 397-A:20:

• I. Any violation is "a misdemeanor for each violation if a natural person, or... a felony if any other person."
• I-a. Willful violation of RSA 397-A:17, III or IV, or of a cease-and-desist order or injunction under RSA 397-A:19, is "a class B felony," and each act is a separate offense.
• II. A knowing violation may draw "an administrative fine not to exceed $2,500 for each violation," in lieu of or in addition to suspension or revocation. "Each of the acts specified shall constitute a separate violation."
• III. A negligent violation may draw "an administrative fine not to exceed $1,500 for each violation," plus suspension, revocation, or denial including forfeiture of the application fee.
• IV. Control persons, officers, directors, and materially-aiding employees and common-law agents may be fined up to $2,500 each, with a due-care affirmative defense: "No person shall be liable under this paragraph who shall sustain the burden of proof that such person did not know, and in the exercise of reasonable care could not have known, of the existence of facts by reason of which the liability is alleged to exist."
• V. The Attorney General may seek injunctive relief; contempt punishable by "a fine not exceeding $10,000 or by imprisonment, or both"; the State recovers investigation costs on prevailing.
• VII. Rescission, restitution, or disgorgement of profits, in addition to other penalties.
• VIII. Against a mortgage loan originator, fines "not to exceed $25,000" for violations of the federal SAFE Act or regulations/orders thereunder, each act a separate violation.