Code of Professional Ethics

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 Canons serve as model standards of exemplary professional conduct. They express the general concepts and principles from which the more specific Rules are derived.

The Rules are specific standards of a mandatory and enforceable nature. They prescribe the absolute minimum level of conduct required of every member.

Although the official Code of Professional Ethics consists of all Canons and Rules, only a violation of the Rules will constitute sufficient grounds for disciplinary action. The Canons are used by the Ethics Committee to apply and interpret the Rules uniformly, with reference to the general principles and concepts they embody.

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.

CANON 1

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.

CANON 2

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.

CANON 3

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:
R3.1  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.
R3.2  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.
R3.3  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.
R3.4  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.
R3.5  A member has the duty to disclose fully and accurately the material facts representing the true costs, benefits and limitations of any recommendations.
R3.6  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 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.
R3.7  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.

CANON 4

Members should be diligent in the performance of their occupational duties.

Rules of Professional Conduct:
R4.1  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.
R4.2  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.

CANON 5

Members should assist in improving the public understanding of foreclosure options.

Rules of Professional Conduct:
R5.1  A member shall support efforts to provide laypersons with objective information concerning their homeownership and financing needs.
R5.2  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.

CANON 6

Members should use the fact of membership in a manner consistent with the Association’s Rules of Professional Conduct.

Rules of Professional Conduct:
R6.1  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.
R6.2  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.
R6.3  A member or prospective member applying for association membership shall not misrepresent any credentials or affiliations with other organizations.

CANON 7

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.