The Code of Professional Ethics.
The following are the Code of Ethics
we abide by as members of the National Association of Foreclosure
Prevention Professionals. The objective of the Code of Professional
Ethics is to specify and set forth the means to enforce the minimum
ethical conduct expected of all members as professionals and to facilitate
voluntary compliance with standards considerably higher than the
required minimums. Accordingly, the Code prescribes two kinds of
standards: Canons and Rules of Professional Conduct.
The reliance of homeowners on sound planning and advice imposes
on foreclosure prevention professionals an obligation to maintain
high standards of technical competence, morality and integrity. To
this end, the following Code of Professional Ethics serves as the
guiding document.
Members should endeavor as professionals to place the public interest
above their own.
Rules of Professional Conduct:
R1.1 A member has a duty to understand and abide by all Rules of
Professional Conduct that are prescribed in the Code of Professional
Ethics of the Association.
R1.2 A member shall not directly or indirectly condone any act that
the member is prohibited from performing by the Rules of this Code.
Members should seek continually to maintain and improve their professional
knowledge, skills and competence.
Rules of Professional Conduct:
R2.1 A member shall keep informed on all matters that are essential
to the maintenance of the member’s professional competence
in the area in which he/she specializes and/or claims expertise.
These shall include state and federal laws pertaining to acceptable
and legal practices to assist homeowners facing foreclosure, and
a member shall always maintain compliance with such laws.
Members should never discriminate against any applicant and will
maintain practices consistent with current Equal Housing Guidelines.
Rules of Professional Conduct:
R3.1 A member shall not discriminate against any homeowner on the
basis of age, color, gender, handicapped status, height, marital
status, national origin, political persuasion, race, religion, sexual
orientation, veteran status or weight.
Members should obey all laws and regulations and avoid any conduct
or activity that could cause unjust harm to those who rely upon
the professional judgment and skill of the members.
Rules of Professional Conduct:
R4.1 A member shall be subject to disciplinary action for professional
misconduct and has the duty to know and abide by the laws and regulations
and all legal limitations pertaining to the member’s professional
activities.
R4.2 A member shall place the needs and best interests of the homeowner
above the needs and interests of the member, the member’s employees
or business associates in all cases; and shall not allow the pursuit
of financial gain or other personal benefit to interfere with the
exercise of sound professional judgment and skills.
R4.3 In the conduct of business or professional activities, a member
shall not engage in any act or omission of a dishonest, deceitful
or fraudulent nature.
R4.4 A member shall not knowingly misrepresent or conceal any material
limitation on the member’s ability to provide services that
will adequately meet the needs of the homeowner.
R4.5 A member has the duty to disclose fully and accurately the material
facts representing the true costs, benefits and limitations of any
recommendations.
R4.7 A member shall not disclose to another person any confidential
information entrusted to or obtained by the member in the course
of the member’s business or professional activities, unless
a disclosure of such information is required by law or is made to
a person who necessarily must have the information in order to discharge
legitimate occupational or professional duties.
R4.8 A member shall provide the appropriate program for each homeowner’s
situation and explain all options available to the homeowner so he/she
may make an informed choice.
Members should be diligent in the performance of their occupational
duties.
Rules of Professional Conduct:
R5.1 A member shall competently and consistently discharge the member’s
occupational duties to every employer, homeowner, purchaser or user
of the member’s services, so long as those duties are consistent
with what is in the homeowner’s best interests.
R5.2 In the making of oral or written recommendations to clients,
a member shall (a) distinguish clearly between fact and opinion,
(b) base the recommendations on sound professional evaluation of
the homeowner’s needs, and (c) support the recommendations
with adequate documentation of facts.
Members should assist in improving the public understanding of
bank foreclosure options.
Rules of Professional Conduct:
R6.1 A member shall support efforts to provide laypersons with objective
information concerning their homeownership and financing needs.
R6.2 A member shall not misrepresent the benefits, costs or limitations
of any service or product, whether the product or service is offered
by the member or by another individual or firm.
Members should use the fact of membership in a manner consistent
with the Association’s
Rules of Professional Conduct:
R7.1 A member shall not misrepresent the criteria for admission to
association membership, which criteria are (1) active participation
in the foreclosure prevention industry; and (2) a written commitment
to abide by the Bylaws and the Code of Professional Ethics of the
association.
R7.2 A member shall not misstate his/her authority to represent the
association. Specifically, a member shall not write, speak or act
in such a way as to lead another to believe that the member is officially
representing the association, unless the member has been duly authorized
to do so by the officers, directors or Bylaws of the national association.
R7.3 A member or prospective member applying for association membership
shall not misrepresent any credentials or affiliations with other
organizations.
Members should assist in maintaining the integrity of the Code
of Professional Ethics of the association.
Rules of Professional Conduct:
R7.1 A member shall not sponsor as a candidate for association membership
any person who is known by the member to engage in business or professional
practices that violate the Rules of this Code.
R7.2 A member possessing unprivileged information concerning an alleged
violation of this Code shall, upon request, reveal such information
to the body or other authority empowered by the association to investigate
or act upon the alleged violation.
