RESPA Section 8(b) prohibits the splitting of fees when no service has been performed. So, what constitutes a RESPA violation? Do you just need to keep away from unearned, divided fees? What about markups, overcharges and unearned, undivided fees? The federal circuit courts have provided answers to these questions.
RESPA Section 8(b) states that “No person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.”
Unlike Section 8(a), a referral is not required for there to be a violation.
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