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 Code of Professional Ethics
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.