RESPA Section 8: Referral Fees

We get questions all the time about paying referral fees, whether that be to third parties or an institution’s employees. The answer usually lies in whatever regulation applies to the specific referral scenario. When it comes to the prohibition on paying referral fees in Section 8 of RESPA, this only applies with respect to mortgage loans. Section 8 says you can’t pay or receive a fee or thing of value for the referral of mortgage loan business, but there are some exemptions. For instance, RESPA says you can pay your own employees for mortgage loan referrals but not affiliates.

Kevin explains more in the video.

Video Highlights:

• Financial institutions are prohibited from accepting or giving a fee or thing of value in exchange for the referral of mortgage loans.
• There are exceptions to this rule, allowing incentives for employees and not affiliates.
• Gifts and promotional activity may be allowed if they are normal, non-conditioned and defray no expenses.

Published
2023/11/27