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n. Advertising (09/14/2015)
i. Definitions
(A) Advertising
Advertising is any communication made to an outside entity or individual that describes or calls attention to a Mortgagee’s FHA products or services.
(B) Advertising Device
An Advertising Device is a channel or instrument used to solicit, promote, or advertise FHA products or programs. Advertising Devices are present in the entire range of electronic and print media utilized by Mortgagees, including, but not limited to, websites, website addresses, business names, aliases, DBA names, domain names, email addresses, direct mail advertisements, solicitations, promotional materials, and correspondence.
ii. Standard
(A) Advertising
A Mortgagee is solely responsible for the content of its advertising. This includes advertising abuses by employees of the approved Mortgagee, and any violations committed by employees of Affiliates or companies that advertise or generate FHA mortgage leads or other FHA business on behalf of the Mortgagee. The Mortgagee must ensure that all of its advertising communications and Advertising Devices, and the communications and Advertising Devices of its Affiliates, comply with all applicable state licensing and regulatory requirements.
(B) Advertising Device
A Mortgagee must not create the false impression that any of its Advertising Devices are official government forms, notices, or documents or that otherwise convey the false impression that an Advertising Device is authored, approved, or endorsed by HUD or FHA.
The Advertising Device must be written, formatted, and structured in a manner that clearly identifies the Mortgagee as the sole author and originator of the Advertising
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I. DOING BUSINESS WITH FHA A. FHA Lenders and Mortgagees (09/20/2021)
6. Post-approval Operations
Device. The Advertising Device must reflect the Mortgagee’s name, location, and appropriate contact information.
(1) HUD and FHA Names and Acronyms
The use of the words “federal,” “government,” “national,” “U.S. Department of Housing and Urban Development,” “Federal Housing Administration,” and/or the letters “HUD” or “FHA,” either alone or with other words or letters, by an FHA- approved Mortgagee, non-approved Mortgagee, or sponsored TPO in a manner that falsely represents that the Mortgagee’s business services or products originate from HUD, FHA, the government of the United States, or any federal, state or local government agency is strictly prohibited.
(2) HUD and FHA Logos and Seals
Other than permissible use of the official FHA-Approved Lending Institution logo and the Equal Housing Opportunity logo, a Mortgagee must not use FHA or HUD logos or seals, any other official seal or logo of the U.S. Department of Housing and Urban Development, or any other insignia that imitates an official federal seal. No person, party, company, or firm, including FHA-approved Mortgagees, may use these logos or seals on any Advertising Device.
(a) FHA-Approved Lending Institution Logo User Restrictions
Only an FHA-approved Mortgagee may display the official FHA-Approved Lending Institution logo on an Advertising Device for the purpose of illustrating to the public the fact that the Mortgagee originates FHA-insured mortgage products.
The Mortgagee must not permit its sponsored TPOs to use the official FHA- Approved Lending Institution logo on any Advertising Device; unless the sponsored TPO is also an FHA-approved Mortgagee.
(b) FHA-Approved Lending Institution Logo Content Restrictions
The FHA-Approved Lending Institution logo must be displayed in a discreet manner. The Advertising Device, when taken as a whole, must emphasize the institution or DBA name of the Mortgagee, and not the federal government.
When using the FHA-Approved Lending Institution logo on an Advertising Device, the Mortgagee must include a conspicuous disclaimer that clearly informs the public that the Mortgagee displaying the Advertising Device is not acting on behalf of or at the direction of HUD, FHA, or the federal government. The disclaimer must be prominently displayed in a location proximate to where the FHA-Approved Lending Institution logo is displayed on each Advertising Device.
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I. DOING BUSINESS WITH FHA A. FHA Lenders and Mortgagees (09/20/2021)
7. Post-approval Changes
The Mortgagee may not alter or modify the FHA-Approved Lending Institution logo in any way.
(3) Advertising Devices of Sponsored Third-Party Originators
Advertising Devices used by sponsored TPOs must reflect the sponsored TPO’s name, location, and appropriate contact information.
Sponsored TPOs are prohibited from engaging in any activity or authoring or distributing any Advertising Device that falsely advertises, represents, or otherwise conveys the impression that the sponsored TPO’s business operations, products, or services either originate from or are expressly endorsed by HUD, FHA, the government of the United States, or any federal, state or local government agency.
iii. Required Documentation
The Mortgagee must retain copies of any Advertising Device it produces that is related to FHA programs for a period of two years from the date that the Advertising Device is circulated or used for advertisement, educational, or promotional purposes. Copies of Advertising Devices related to FHA programs may be kept in either electronic or print format and are to be provided to HUD upon request.