RESPA Section 8(a) prohibits the giving or accepting of a thing of value for a referral of real estate settlement service business. Section 8(b) states that the splitting of a fee for a settlement service is not allowed if services are not actually performed. In some ways, RESPA can be a difficult statute to understand, what is clear, however, is that kickbacks and split fees can get you into trouble if you are not careful.
RESPA Section 8(c) provides some exceptions that allow the mortgage, title and settlement service industries to work together without committing a RESPA violation. These exceptions are very specific and understanding how the courts and the Consumer Financial Protection Bureau (CFPB) interpret them is important.
The exceptions include:
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