What does the duty of good faith require a licensee to recommend to a borrower?

The duty of good faith requires a licensee to recommend loan products that serve the best interests of the borrower, which includes ensuring that any refinancing options provide a net tangible benefit. This means that the loan or refinance should genuinely improve the financial situation of the borrower, such as by lowering monthly payments, reducing the total interest paid over the life of the loan, or allowing the borrower to access equity for important expenses.

Recommending a refinance solely based on profitability for the lender, regardless of the consumer benefits or only suggesting options with the lowest interest rates, does not align with the ethical requirement of acting in the borrower’s best interest. Similarly, endorsing any refinance without considering whether it confers a tangible benefit to the borrower fails to adhere to the principle of good faith. Thus, the focus on providing options that yield a net tangible benefit to the borrower reflects the commitment to ethical lending practices.