1. The Code applies to members of NAMO. The Code aims to promote the highest standards of service and professionalism in the conduct of the business of mortgage origination as defined in the Constitution of NAMO.
2. You must offer equality of professional service to any person regardless of their race, creed, sex or nationality.
3. You must observe all laws, rules and regulations which apply to the process of applying for and procuring the grant of mortgage finance for individual mortgage consumers.
4. You will refrain from engaging in any activity/ies designed or likely to have the effect of persuading, promoting or colluding with any other party to contravene any of the laws, rules and regulations contemplated in paragraph 3 above.
5. You will be familiar with and not act in conflict with provisions of the Code of Banking Practice promulgated by the Banking Council of South Africa insofar as such provisions apply to mortgage origination.
6. You will at all times elevate the best interests of the prospective individual mortgage consumer above your interests and preferences particularly the commission or other remuneration you receive from a mortgage lending financial institution, or third party for the successful submission and processing of mortgage applications.
7. You will use your best endeavours to procure for the mortgage consumer the most suitable mortgage product from the most appropriate mortgage lending financial institution as is required by the mortgage consumer and/or which best suits his/her needs in the circumstances.
8. You will when asked explain fully and in plain language the material issues which a mortgage consumer needs to be familiar with when applying for and being granted mortgage finance insofar as such issues are relevant to the process of application and grant.
9. You will upon demand from an applicant for mortgage finance who/which utilizes your origination services disclose the remuneration you derive from the rendering of such services which will have regard for your costs associated with the rendering of such service.
10. You will ensure that you and all persons in your employ are fully familiar with the various mortgage products offered by mortgage lending financial institutions with which you have Origination Contracts so as to ensure that you render a comprehensive and professional service of the highest order.
11. Neither you nor any member of your staff will knowingly collude with an applicant or any other party in submitting false information or documents to a mortgage lending institution in support of a mortgage loan in the conduct of your mortgage origination business, nor will you knowingly withhold or conceal from such institution any information or documents which you are aware of and/or in possession of which may or could have a material influence on the credit decision-making process which the mortgage lending institution pursues upon receipt of an application for mortgage finance initiated by you, or which could adversely affect the security which the mortgage lending institution requires as a condition of any loan granted by it.
12. You will not engage in any conduct, directly or indirectly, which has as a consequence persuading, inducing or colluding with any person or group of persons to mislead or misrepresent material information relevant to a loan application and which causes actual or potential prejudice to a mortgage consumer or a mortgage lending financial institution.
13. You will at all times respect and maintain the highest levels of confidentiality with regard to information which of necessity you elicit from an applicant / mortgage consumer and you will not disclose such information to any party not having a bona fide interest in the information in the process of compiling an application for a loan, submitting such application, having such application granted and subsequently having any loan secured by the registration of a mortgage bond.
14. You will ensure that staff in your employ are properly and adequately trained to carry out their responsibilities and duties particularly insofar as they are engaged in any manner or form in advising, or guiding, or assisting mortgage consumers in the procurement of mortgage finance.
15. You will not, without just and sufficient cause, fail to honour the terms of any contractual relationship which you conclude in the course of conducting business as a mortgage originator and in particular you will be familiar with the letter and spirit of any Mortgage Origination Agreement with a mortgage lending financial institution to which you are a party and honour such letter and spirit at all times.
16. You will not provide a mortgage consumer with any form of financial advice unless you are confident that such advice is appropriate and correct in all respects.
17. In any advertising material which you may publish or disseminate you will be truthful and precise and accurate in all claims which may be made as to mortgage finance products, or the service you undertake to render and you will not disseminate untruthful or misleading advertising or marketing material.
18. You will, in general, ensure that you and all persons in your employ conduct yourself/themselves in a manner which enhances the image of members of NAMO and by the same token refrain from acts or omissions which tend to bring NAMO and/or its members and/or mortgage lending in general into disrepute.