RESPA Section 8: Thing of Value
Section 8 of RESPA prohibits the payment and/or receipt of a fee or thing of value in return for the referral of settlement service business for a federally related mortgage loan. There’s a lot going on there so to put it more simply, a creditor cannot give or receive anything of value for referrals related to mortgage loans. So, what exactly is considered a “thing of value”? It’s actually very broad and could be a monetary payment of some kind (i.e., a referral fee) or a gift (regardless of value). For example, a lender can’t give $25 (or a small gift) to a realtor every time they refer a customer to the bank for a mortgage loan. But “thing of value” goes even further. For example, a creditor can’t pay the entire cost of a joint advertisement with a realtor. That would be providing “free” advertising for the realtor in exchange for referring mortgage loans.
Kevin explains more in the video.
Published
2024/11/07
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).