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All states · Filled 2026-09-17

Utah mortgage advertising rules

Adline flags phrases that match cited rules. It does not certify that Utah 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.

Scanner status: Index only. The engine cites Washington, Arizona, and Idaho only. This page is an index of retrieved text. The engine does not emit a Utah citation.

Regulating agency

Utah Department of Commerce, Division of Real Estate

Last verified 2026-09-17.

Utah Department of Commerce, Division of Real Estate. *not* the Department of Financial Institutions. Utah is one of the few states where residential mortgage licensing sits with the real-estate regulator. Disciplinary sanctions are imposed by the Residential Mortgage Regulatory Commission "with the concurrence of the division."

NMLS and license display: Conjunctive and disjunctive elements.

Governing statute and administrative code

Last verified 2026-09-17.

  • [STATUTE] Utah Code tit. 61, ch. 2c. Utah Residential Mortgage Practices and Licensing Act (§§ 61-2c-101 et seq.).
  • [REGULATION] Utah Admin. Code R162-2c. Utah Residential Mortgage Practices and Licensing Rules (R162-2c-101, -102, -201, -202, -203, -204, -205, -209, -301a, -302, -401, -402, -501a, -501b; R162-2c-301b is repealed).
  • Second regime: Utah's consumer-credit regime (Utah Code tit. 70C, Utah Consumer Credit Code, administered by the Department of Financial Institutions) is separate. NOT VERIFIED. Did not retrieve tit. 70C and make no claim about its advertising provisions.

License and NMLS ID display

Not yet verified

Last verified 2026-09-17.

NOT VERIFIED. no requirement found.

What Searched: the complete text of Utah Code ch. 61-2c (105,202 characters, official le.utah.gov PDF, full-text searched) and the complete text of Utah Admin. Code R162-2c-301a. "Unique identifier" appears exactly once in the entire chapter. in the definitions at 61-2c-102, where it "means the same as that term is defined in 12 U.S.C. Sec. 5102." There is no operative provision requiring it to appear on advertisements, business cards, or websites. No advertising-content rule was found in R162-2c.

Utah instead controls advertising identity through name registration: an entity transacting business under an assumed business name must "register the assumed name under this chapter" and "furnish proof that the assumed business name is filed with the Division of Corporations" (Utah Code 61-2c-201-series, appearing twice in the chapter text). A sponsored originator must conduct business "in the business name under which the sponsoring entity's principal lending manager is" licensed, and an individual may use "(A) the same business name as the licensed entity; or (B) another trade name that is registered with the division under the entity license."

Conjunctive/disjunctive: the trade-name option is expressly DISJUNCTIVE ("or"). licensed entity name or a division-registered trade name.

Prohibited claims

Verified

Statute. Guidance is not law.

Last verified 2026-09-17.

General falsity standard only; no enumerated superlative or magic-word ban:

"(l) engage in false or misleading advertising;" — Utah Code 61-2c-301(2)(l) [STATUTE] (among prohibited conduct "when transacting the business of residential mortgage loans in this state")

Holding-out ban for exempt persons. note the enumerated media list:

"(t) represent to the public that the person can or will perform any act of a mortgage loan originator if that person is not licensed under this chapter because the person is exempt under Subsection 61-2c-105(4), including through: (i) advertising; (ii) a business card; (iii) stationery; (iv) a brochure; (v) a sign; (vi) a rate list; or (vii) other promotional item;" — Utah Code 61-2c-301(2)(t) [STATUTE]

Loan-modification advertising. an express government/lender affiliation ban:

"(v) induce a person seeking a loan modification to hire the licensee to engage in an act of loan modification assistance by: … (B) falsely representing or advertising that the licensee is acting on behalf of: (I) a government agency; (II) the person's lender or loan servicer; or (III) a nonprofit or charitable institution;" — Utah Code 61-2c-301(2)(u)(v)(B) [STATUTE]

Attaches to: loan modification assistance specifically. this is not a general mortgage-advertising government-affiliation ban. Utah has no general "no government look-alike" advertising rule of the Washington/Wisconsin/Virginia type.

Trigger-lead solicitation. a bait-and-switch-in-substance prohibition:

"(y) use prescreened trigger lead information to solicit a consumer who has applied for a mortgage loan with another financial institution, if the person: (i) fails to state in the initial solicitation that the person is not affiliated with the mortgage loan company or mortgage loan broker with which the consumer initially applied; (ii) fails in the initial solicitation to conform to state and federal law relating to solicitations using consumer reports, including the requirement to make a firm offer of credit to the consumer; or (iii) solicits a consumer with an offer of certain rates, terms, and costs with the knowledge that the person will subsequently change the rates, terms, or costs to the detriment of the consumer." — Utah Code 61-2c-301(2)(y) [STATUTE]

"Solicitation" is defined for this section as "contacting a consumer to market mortgage loan services". 61-2c-301(1)(b)(i).

Rate advertising

None found

Last verified 2026-09-17.

No general "rate must be actually available" statute of the Tennessee/Vermont/Wisconsin type was found. The only rate-specific advertising control is the trigger-lead bait-and-switch provision at 61-2c-301(2)(y)(iii) quoted above, which is limited to prescreened-trigger-lead solicitations.

Ad filing, prior approval, retention

Verified

Regulation. Guidance is not law.

Last verified 2026-09-17.

  • No filing or prior-approval requirement found.
  • Supervisory review duty on the Principal Lending Manager. this is Utah's distinctive control:

> "(2)(a) An LM who is designated in the nationwide database as the principal lending manager of an entity shall: … (viii) review for compliance with applicable federal and state laws the advertising and marketing materials and methods used by: (A) the PLM's sponsoring entity; and (B) the entity's sponsored mortgage loan originators;" >. Utah Admin. Code R162-2c-301a(2)(a)(viii) [REGULATION]

  • Ad retention period: NOT VERIFIED. R162-2c-302 is titled "Requirements for the Security, Retention, and Disposal of Records and Customer Information," but my retrieval of that section returned no matching text for advertising or a retention period, so I make no claim about its contents.

Social media and character-limited media

Not yet verified

Last verified 2026-09-17.

NOT VERIFIED. none found. No social media, texting, or electronic-advertising provision appears in ch. 61-2c or in R162-2c-301a. Note that the R162-2c-301a(2)(a)(viii) PLM duty covers "methods used," which an examiner could read to reach social channels, but that is inference, not text.

Anything unusual

Last verified 2026-09-17.

  • Mortgage advertising is policed by the real-estate regulator, and discipline runs through a Commission-plus-Division concurrence model rather than a single commissioner. Escalation timelines and who signs an order differ from every other state in this batch.
  • The PLM personally owes an advertising-review duty (R162-2c-301a(2)(a)(viii)). In Utah, a bad ad is a named individual's supervisory failure, not just a corporate compliance gap.
  • Certified education providers have their own advertising ban list that is far more specific than the licensee rules. they may not "make a misrepresentation in its advertising," "advertise in any manner that denigrates the mortgage profession," "advertise in any manner that disparages a competitor's services or methods of operation," "advertise or teach any course that has not been certified by the division," or "advertise a course with language that indicates division approval is pending or otherwise forthcoming" (R162-2c-301a(5)(c)(xii)–(xvi)). A disparagement ban for schools but not for lenders is a genuine asymmetry.
  • Substantiation on demand: a school must "upon request of the division, substantiate any claim made in advertising materials." No equivalent licensee-side substantiation rule was found.
  • Enhanced penalty for elderly/vulnerable-adult targeting. see §9. Marketing lists skewed to 65+ carry double exposure in Utah.

Penalties

Verified

Statute. Guidance is not law.

Last verified 2026-09-17.

"(2) The commission, with the concurrence of the director, may against a person described in Subsection (1): … (b) impose a civil penalty against the individual or entity in an amount not to exceed the greater of: (i) except as provided in Subsection (2)(b)(ii), $5,000 for each violation; (ii) $10,000 for each violation, if the person knew or should have known that the property owner was an individual 65 years old or older, or a vulnerable adult; or (iii) the amount equal to any gain or economic benefit derived from each violation;" — Utah Code 61-2c-402(2)(b) [STATUTE]

Also available under 61-2c-402(2): educational requirements; denial of an original license; suspension, revocation, probation, reduction of a lending manager license to a loan originator license, denial of renewal or reinstatement, and a waiting period; cease-and-desist orders; cost reimbursement; and any combination.

Sources

Last verified 2026-09-17. Official means the legislature, the official administrative-code publisher, or the regulator. Reproduction is not the official publisher.