CFPB Seeks to Stop Illegal Kickback Scheme
On December 23, 2024, the CFPB filed suit against Rocket Homes, The Jason Mitchell Group, 45 of its affiliates and CEO Jason Mitchel which it accused of providing incentives to real estate brokers/agents for steering homebuyers to Rocket Mortgage, LLC for home loans. The CFPB alleged that Rocket Homes violated Section 8 of RESPA by giving things of value to brokers/agents (which included referrals) with an understanding that they would in turn send their customers to Rocket Mortgage and/or another subsidiary Title company called Amrock.
More specifically, Rocket Homes required that the brokers and agents receiving its referrals “preserve and protect” the relationship between the consumer and Rocket Mortgage by steering clients away from other competing lenders and preventing brokers and agents from sharing valuable information with their clients concerning products not offered by Rocket Mortgage, including the availability of down-payment-assistance programs. Consumers were told that deals could fall through if they wanted to comparison shop with competitors. Jason Mitchell also provided $250 gift cards to those brokers/agents who made the most referrals in his group of companies including Rocket Mortgage and Amrock.
Section 8 violations can be a very big deal as they can carry with them civil money penalties. Institutions tell us that while they are aware of the requirements it often seems like there are a lot of “violators” out there, but no one holds them accountable. While that does seem to be the case, over the last couple years we have seen the CFPB cracking down more and more and this suit is a perfect example.
Published
2025/02/05
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Kevin Edwards
Kevin brings years of experience and a unique perspective on regulatory matters to our clients. A self-proclaimed geek and accredited CRCM, Kevin is also a recovering attorney with experience as in-house counsel for a large regional bank and one of the leading national title insurance providers. For reasons unknown, Kevin decided to leave the safety and serenity of his desk job to seek fortune and glory as a wandering adventurer. Like a bank compliance version of Kwai Chang Caine, The Man with No Name or Don Quixote, he now travels the land seeking to help those in need and righting compliance wrongs, wherever he may find them. Kevin lives in Sioux Falls with his two children, who are surprisingly normal after having endured their father’s vivid imagination for their entire lives. He won’t admit to having any hobbies, because apparently “Regulations never sleep.” (While he does say this in his Batman voice, we’re pretty sure he’s joking.) From the looks of his Facebook page, he likes the outdoors and spending time with his large extended family (who seem like relatively normal people).