A New Law Changes My Instructions to Buyers (and Refinancing Homeowners)

Some things have changed as of

March 4th, 2026

One of the things I recommend my buyer clients do before they apply with any lender for a mortgage is to visit optoutprescreen.com and sign in to opt-OUT of the offers.

Prior to yesterday, lenders would get your full contact info through what is called a “trigger lead.” Meaning, you applied for a mortgage with a company you chose and then your data was sold by the credit agencies to other mortgage lenders paying for that access. Your application “triggered” the data sharing to the other lenders. You would then get 50+ phone calls and texts asking you to apply for a mortgage with them and they would generally tell you whatever you wanted to hear to get you to do that application. When they’re up against 50 other lenders to maybe get your business, they get competitive and it doesn’t always benefit you.

So, what changed?

 

How the Homebuyers Privacy Protection Act Changed the Process

Just so you know, I do not share your information with anyone without your permission — and I ask every time. One “yes” is not a blanket approval. If I’m recommending a lender, I will connect you directly to them via text or email.

As of March 4, 2026, the Homebuyers Privacy Protection Act went into effect and it changes who can get a trigger lead and when. You can read the legislation here.

Now, for you to get the extra phone calls from lenders you don’t know — here’s what that lender would need to show:

  • That they will give a firm offer of credit or insurance — meaning, they are guaranteeing you a loan without having seen your documents, which is unlikely.

  • They certify that you gave CONSENT to be contacted. So, read what you sign, people! If you sign something as part of your mortgage application, you could still make yourself a lead for the credit agencies to sell.

  • They show that you already have a mortgage with them or that you have a banking relationship with them in another way. So, your credit card company can still ask you to apply for a mortgage if they chose to.

Just pay attention.

Why you WOULDN’T want to opt out:

  1. You may want to shop all of your options. Fair! You SHOULD shop a few lenders, at least. Most people only talk to one. I usually want you to talk to a few people because, honestly, the programs the lenders offer vary a lot. So, I always aim to connect you to a few who fit your financial situation best and figure out which one will offer you what you need to get to closing. Some lenders don’t offer down payment assistance, so I wouldn’t want you to waste your time applying with them if you need down payment assistance. Some lenders don’t want to answer all of the first time buyer questions, so I wouldn’t want a first time buyer working with them.

  2. You still want credit card offers in the mail. It’s a valid reason if you’re curious what you qualify for, especially if you’ve been on a credit improvement journey. The good news is that you could opt out and then opt back in once you close on your home.

This is all my opinion and experience. I want what is best for you. I think you will be served best by speaking to handful of lenders local to your market who work with the programs and financial status that matches your needs. If you believe that hearing from a whole bunch of other lenders is what serves you best, then by all means, do that. Call and talk to however many makes you feel like you’ve done your research. I’ll be here to help you find the house once we have that pre-approval in-hand, my friends.

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