Want to invest in property or take out a mortgage loan for a property? Well, you might want to look into the RESPA first. This legal federal statute is designed to help make the real estate closing and settlement process straightforward and keep the customer protected. To find out what the RESPA is and learn about its nuances, read ahead.
What is RESPA?
RESPA is short for the Real Estate Settlement Procedures Act which came into being in 1975 by the U.S. Congress. It was enacted to help provide settlement disclosures to buyers and sellers of homes and property. It also sought to help get rid of any malpractice in the real estate industry such as referral fees and kickbacks. These are common, especially during the real estate settlement process. It is also limited to escrow accounts and their use. Moreover, the RESPA is now under the regulation of the Consumer Financial Protection Bureau i.e. CFPB.
In addition, the RESPA protects people who are wishing to take up a mortgage loan. Thus, loans that are for agricultural or business purposes are not what RESPA is intended to protect. They are also not applicable to government agencies.
The RESPA is thus a means of making borrowers aware of their real estate settlement costs and rights. The RESPA also eliminates referral fees, kickbacks, and other costs that can make the process of obtaining a mortgage costly. It requires complete disclosure to a borrower regarding the real estate transactions.
The loans that come under the protection of RESPA are as follows.
- Home Equity Lines Of Credit (HELOCs)
- Property Improvement Loans
- Purchase Loans
- Refinances
- Assumptions
Information Required To Be Disclosed Under RESPA
Let’s have a look at what exactly the RESPA is required to disclose to the borrower. It starts with an estimate of the settlement service to the customer. It also requires a written statement in case another party is collecting your mortgage payments.
An Affiliated Business Arrangement Disclosure may also be provided by the broker or lender. Under this, it is stated that the broker or lender has had you referred to an affiliate for the settlement service.
The Prohibitions
RESPA prohibits abusive practices such as referrals and kickbacks. Section 8 of the Act prohibits a customer or person from exchanging anything of value in return for a referral of a settlement. It also prohibits the mandating of title insurance companies and the demand for large escrow accounts.
Referral Fees
Referral fees are a form of kickback that the RESPA prohibits. In this, real estate agents are not allowed to pay agents for the purpose of referring clients to an affiliate mortgage company. Brokers are not allowed to provide referral fees to anyone for directing clients to them as well. The same goes for a mortgage lender who cant offer an incentive to an agent for referring clients to their services.
Marketing and Sponsorship
Transactions, where one person or entity pays more of the share for advertising, are also prohibited. Thus, sponsorship is also off the list of services marketed via its use. The market efforts however between the lender and broker are allowed as long as the advertising costs are fair and well distributed.
Affiliated Business Arrangements
The RESPA also prevents the brokers from referring a business to an affiliate company, especially if the relationship with the customer is not disclosed. The details of the charges are expected to be stated in the disclosure agreement. Customers are also not entitled to use the title company to which their broker has referred them. In addition, the real estate broker is not allowed to create an affiliate company with the title insurance company to collect any dividends being received from referrals.
Borrowers are also not required by lenders to use a particular affiliate service for the settlement. They can offer a financial incentive however to do so.
RESPA Violations – The Next Steps
The enforcement regulation requires the plaintiff to file a lawsuit in cases of malpractice such as referrals and kickbacks for up to one year. The service provider is to be contacted by the borrower by writing them a letter that highlights their concerns. The service provider then has 20 business days to respond to the borrower and 60 days to correct and resolve the issue. A lawyer may also be hired to navigate through the process.
The lawsuit can be filed in any federal district court in whose district the violation has occurred or the property is located.
RESPA – The Criticisms
Despite the presence of the RESPA, there are still several abusive practices that continue to take place in the real estate industry. Captive insurance is one such aspect of this where a subsidiary is asked to complete insurance policies by the lender. This is often referred to as a kickback practice and there have been attempts to alter and update the RESPA to incorporate changes that restrict such practices. It calls for customers to not have the option to choose the service provider associated with their lender.
The Bottom Line
So, if you are thinking of investing in a new home, it’s best to get in touch with a professional and reliable estate agent. The same goes for borrowing or refinancing a mortgage, a renowned lender is what you want to place your bets on. These precautionary measures along with the RESPA are sure to keep you safe and protected from malpractice and scams.
