A CFPB comeback in 2026? What regulatory issues brokers must prepare for

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As brokers and lenders consider adopting new technology, each must decide which level of AI technology to incorporate. While parts of the mortgage process remain off-limits to AI, there are business use cases that can help the industry.

“What’s interesting to me is to see how different lenders’ approaches have been to what they’re using AI for, and how they’re deploying it,” Idziak said. “There are a lot of little things where some lenders say, ‘We really want to do chatbots or AI LOs.’ Others are like, ‘We don’t want to really do anything that’s consumer-facing at this point. So we’re going to keep it all internal.’”

While setting a national standard for AI use would provide a consistent set of rules and limit confusion for brokers and lenders operating in multiple states, Idziak said there is something to be said for states having the right to set their own rules.

“This is one area where, on the one hand, a single standard at the federal level might be better and cheaper for lenders and brokers that operate across many states,” he said. “Although, in my opinion, one of the great things about the United States and our federal system is that you have these 50 states that whenever you have these new areas, can try out different approaches to regulating a new technology. And over time, you figure out what works and what doesn’t work.

“We’re just going to wait and see, but it’s also sort of a situation where it might be the second mouse gets the cheese. You don’t want to be the lender that’s out there doing something that no one else is doing, because you might be the one who gets slapped down.”



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