
Episode 60 — Broker Armour #2: Suitability, Documentation & Protecting Your License
HOSTS:
Deryk Williamson & Justin Noda (Chief Compliance & Operations Officer, ABW)
What This Episode Covers
In this episode of Broker Armor, Justin Noda is joined by Deryk Williamson to tackle a topic that’s becoming increasingly important in today’s regulatory climate: how to protect your business, your income, and your license from E&O claims.
The focus isn’t on how to make more money—it’s on how to keep it.
You Can Do Everything Right… and Still Get Sued
One of the most important reminders from this conversation is simple: even if you secure a great rate, close on time, and deliver strong service, you can still face a claim years later. Clients can sue for many reasons—sometimes justified, sometimes emotional, sometimes financial.
When that happens, the question won’t be whether you’re a good broker. It will be whether you can prove what happened.
That’s where what Justin calls the “paper shield” comes in. Your protection isn’t your memory—it’s your documentation.
Communication Is Your First Line of Defense
A major theme of the episode is communication retention. If it’s not written down, it effectively didn’t happen. Regulators and lawyers will look for emails, texts, CRM notes, and any record of advice provided.
The discussion emphasizes keeping communication clean and centralized—ideally through email—and following up important phone calls with written recap summaries. Notes should be detailed and written as if a lawyer or judge will read them years later.
Even something as simple as copying all borrowers on key updates—not just the primary contact—can prevent misunderstandings that later become claims. What feels like a small administrative step today can become critical evidence tomorrow.
Suitability vs. Eligibility
Another central topic is suitability—a word that brokers can no longer afford to ignore.
Eligibility answers the question: Can the client qualify?
Suitability answers the more important question: Should they take this product?
Many E&O claims stem from clients later saying they didn’t fully understand the risks of the product they chose—whether it was a variable rate during rising markets, a short-term mortgage during volatility, or a private loan with significant renewal fees.
Suitability forms help document the advice provided, the risks discussed, and the client’s informed decision. They are not just another form to sign—they are evidence that education happened and that the client ultimately chose their path forward.
As discussed in the episode, “We educate. The client decides.” But that decision must be documented.
Enhanced Consent & Setting Expectations Early
The episode also highlights the growing importance of enhanced consent forms. Consent is no longer just about pulling credit—it includes permission to share information, outline engagement terms, and clearly define the relationship.
Timing matters. These documents should be signed at the beginning of the process—not at closing and certainly not after an issue arises. Setting expectations early creates clarity for the client and protection for the broker.
When a Claim HappenS
The final portion of the episode addresses crisis management. If you receive a claim notice, immediate notification to your brokerage and E&O provider is critical. Do not admit fault. Follow your brokerage protocol.
Once involved, E&O providers assign claims adjusters and legal counsel. But the strength of your defense will come back to one thing: your documentation.
Clear CRM notes, recap emails, signed suitability forms, and properly executed consent documents can significantly change the trajectory of a claim.
Why This Matters in 2025
Compliance expectations are rising. Alternative and private lending is more common. Suitability conversations are under greater scrutiny.
Professional brokers today must operate with both growth and protection in mind. Strong communication habits, documented advice, and disciplined processes are no longer optional—they are essential to long-term sustainability.
Why You Should Listen
This episode is a practical, real-world guide to building a defensible mortgage business. If you want to reduce risk, strengthen your processes, and protect your livelihood in an evolving regulatory environment, this conversation is essential listening..
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