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respa

RESPA (Real Estate Settlement Procedures Act)

RESPA is a federal law designed to protect consumers in real estate transactions by requiring disclosures and prohibiting abusive practices in the settlement process.

Key Purposes

  • Ensure buyers receive clear disclosure of settlement costs
  • Eliminate kickbacks and referral fees
  • Prevent unnecessarily high settlement charges

Transactions Covered

  • Residential properties with 1–4 units
  • Federally related mortgage loans
  • Purchase loans, refinances, and certain assumptions

Prohibited Practices

  • Kickbacks for referrals
  • Unearned fees (fees for services not actually performed)
  • Fee splitting except for actual services rendered

Required Disclosures

  • Loan Estimate (LE)
  • Closing Disclosure (CD)
  • Servicing disclosure
  • Affiliated business arrangement disclosure (if applicable)

Escrow Account Rules

  • Limits how much a lender may require in escrow
  • Requires annual escrow account statements

Enforcement and Penalties

  • Enforced by the Consumer Financial Protection Bureau (CFPB)
  • Civil and criminal penalties may apply

Exam Tip

  • RESPA applies to residential, not commercial, transactions
  • RESPA focuses on disclosure and anti-kickback rules
respa.txt · Last modified: by reidjs