This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
A company which is to receive a commission from the borrower for procuring a loan, and which makes out all the papers without knowing from whom the loan is to be obtained, and before submitting them to the lender, is the agent of the borrower in procuring the loan. Land Mtge. etc. Co. v. Preston, 119 Ala. 290, 24 S. 707; Hammill v. American, etc. Mtge. Co., 127 Ala. 90, 28 S. 558. A broker who negotiated a loan and received his commissions from the borrower, taking a note payable at his office to the lender, is not authorized to receive payments on such note. Englerd v. White, 92 Iowa, 97, 60 N. W. 224. See also Secs. 255 and 257.
 
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