Real Estate

RESPA (Real Estate Settlement Procedures Act)

RESPA is a federal law that requires lenders to provide borrowers with clear disclosures about settlement costs and prohibits certain practices like kickbacks and referral fees that can inflate closing costs.

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Exam Tip

RESPA = Settlement disclosure law. Loan Estimate within 3 business days. Closing Disclosure 3 days before closing. Section 8 = NO kickbacks.

What is RESPA?

The Real Estate Settlement Procedures Act (RESPA) is a federal consumer protection law enacted in 1974 that governs the mortgage loan settlement process. RESPA aims to protect homebuyers by requiring lenders to provide clear, standardized disclosures about loan terms and closing costs, and by prohibiting practices that could increase costs without benefit to consumers.

Key RESPA Requirements

RequirementDescription
Loan EstimateMust be provided within 3 business days of application
Closing DisclosureMust be provided at least 3 business days before closing
Affiliated Business DisclosureMust disclose any referral fee arrangements
Servicing Transfer NoticeMust notify borrowers of loan servicing transfers

RESPA Disclosure Timeline

DocumentWhen Provided
Loan Estimate (LE)Within 3 business days of application
Special Information BookletWith Loan Estimate or within 3 days
Affiliated Business DisclosureAt or before referral
Closing Disclosure (CD)At least 3 business days before closing

Prohibited Practices Under RESPA

PracticeDescription
KickbacksPayments for referrals of settlement business
Fee SplittingSharing fees for services not actually performed
Excessive Escrow DepositsLenders can't require excessive reserves
Seller-Required Title InsuranceSellers can't require specific company

Section 8 - Anti-Kickback Provisions

RESPA Section 8 specifically prohibits:

  • Kickbacks: Any fee, commission, or payment for referring settlement service business
  • Unearned Fees: Charging fees for services not actually performed
  • Fee Splitting: Splitting fees where no service is rendered

Exceptions: Payments for services actually performed and employer-employee compensation are permitted.

RESPA vs. TILA Comparison

AspectRESPATILA
FocusSettlement procedures and costsLoan terms and cost of credit
Key DisclosureClosing DisclosureAPR, finance charges
Main PurposePrevent settlement cost inflationEnable credit comparison
RegulatorCFPBCFPB

Enforcement and Penalties

ViolationPenalty
Kickback ViolationsUp to $10,000 fine and/or 1 year imprisonment
Excessive EscrowRefund excess amounts + interest
Disclosure ViolationsBorrower may recover actual damages

What RESPA Covers

RESPA applies to "federally related mortgage loans," which includes:

  • Loans secured by 1-4 family residential properties
  • Loans made by federally regulated lenders
  • Loans insured by federal agencies (FHA, VA)
  • Loans sold to Fannie Mae or Freddie Mac

Exam Alert

RESPA requires a Loan Estimate within 3 BUSINESS DAYS of application and Closing Disclosure at least 3 BUSINESS DAYS before closing. Section 8 prohibits kickbacks and fee splitting. RESPA is enforced by the CFPB.

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