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Address: |
5505 Connecticut Ave, NW # 287
Washington, DC 20015-2601 |
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Phone: |
(800) 989-9329 |
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Fax: |
(800) 491-9973 |
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Email: |
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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.