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When you apply for a mortgage, lenders typically pull your credit report to see if you qualify. What many people don’t realize is that this credit inquiry can trigger your information to be sold to third-party lenders, brokers, or lead companies, often without your explicit consent. These are known as trigger leads.
The way it works: a credit reporting agency (CRA) sees that you’ve expressed interest in a mortgage and then packages your name, contact information, and credit data into “leads” that are sold to competing lenders. These lenders then flood your phone, email, and mailbox with unsolicited offers, hoping to steal your business. Over time, this practice has frustrated borrowers and mortgage professionals alike.
Lack of transparency: Most homebuyers aren’t told their data will be sold or used in this manner.
Overwhelm and confusion: Right after applying for a loan, you might get dozens of calls and emails from lenders you have never contacted.
Misleading solicitations: Some offers can seem like they’re tied to your original lender or look too good to be true.
Invasion of privacy: The idea that your data is monetized without your knowledge doesn’t sit well with many consumers.
Recently, Congress passed, and the President signed, the Homebuyers Privacy Protection Act (H.R. 2808), which puts significant limits on how trigger leads can be used. Here’s what the law does:
Ban on trigger leads by default: CRAs will no longer be allowed to sell your mortgage inquiry data to third parties unless certain strict conditions are met.
When it is allowed: If you give explicit consent to receive offers. If the entity buying the lead is your current lender, servicer, or financial institution with which you have an existing relationship. These limitations help ensure only meaningful, relevant offers, rather than mass solicitations.
Effective date & transition period: The law takes effect March 5th, 2026, giving time for the mortgage industry and credit bureaus to adjust.
State level precedents: Even before this federal law, several states had passed rules limiting trigger leads requiring clear disclosures, banning misleading solicitations, or prohibiting outreach to people on do-not-call lists.
Fewer unwanted interruptions: No more endless calls, texts, or emails from mortgage companies you didn’t authorize especially during a stressful process.
More control over your data: You get to decide when and if your information is shared, and with whom. Consent becomes the default guardrail.
Clearer communication: Offers you do receive are more likely to come from lenders with a real connection reducing confusion about who’s calling and why.
Better trust in the process: Knowing that your application won’t be broadcast to a hunting ground of marketers helps you feel safer and more secure in your decisions.
Focus on relationship & expertise: Lenders and brokers will need to lean more heavily on reputation, service, and transparency, not mass marketing, when competing for your business.
Discover firsthand what makes Gershman Mortgage an award-winning workplace and trusted partner in your journey to homeownership. Connect with us today, and let’s explore how we can support your dreams of building a brighter future.
Communities, families, and homes are at the heart of what we do at Gershman Mortgage. Our founding principles are based on the core values of honesty, integrity, the entrepreneurial spirit, and putting our customers first. We are passionate and committed to customer service and strive to ensure that we exceed the expectations of our customers. We are a customer-centric company devoted to creating and maintaining long-lasting relationships.
NMLS #138063 16253 Swingley Ridge Road Suite 200 Chesterfield, MO 63017 (800) 457-2357 Equal Housing Lender. Serving borrowers in: Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin
Written by Kaylee Larson for Gershman Mortgage
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