Escrow & TitleIntermediateAlabama Exam

A RESPA violation occurs when a settlement service provider receives or gives a 'kickback' or unearned fee. Which statement is CORRECT?

AKickbacks between lenders and real estate agents are permitted if disclosed, which most practitioners would generally accept
BRESPA prohibits giving or receiving any fee, kickback, or thing of value for the referral of settlement service businessCorrect
CRESPA only applies to commercial real estate transactions
DKickbacks are permitted if they are under $50

Why RESPA prohibits giving or receiving any fee, kickback, or thing of value for the referral of settlement service business Is Correct

Answer B: RESPA prohibits giving or receiving any fee, kickback, or thing of value for the referral of settlement service business

RESPA (the Real Estate Settlement Procedures Act) strictly prohibits kickbacks, fee-splitting, and unearned fees in connection with federally related mortgage loan transactions. These prohibitions apply regardless of disclosure.

Exam Tip: Escrow & Title

Escrow questions test the neutral third-party role and the sequence of closing events. Remember that the escrow agent acts as a dual agent for both buyer and seller and cannot advocate for either side.

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