respa
Table of Contents
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
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