Real Estate Settlement Procedures Act (RESPA) - Reg X Flashcards

1
Q

What does RESPA stand for?

A

Real Estate Settlement Procedures Act

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2
Q

What does RESPA apply to?

A

covered transactions

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3
Q

What does RESPA govern?

A

third party settlement service procedures and providers

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4
Q

What is Regulation X?

A

RESPA

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5
Q

What is Section 6 of RESPA?

A

Servicing

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6
Q

What does SDS stand for?

A

Servicing Disclosure Statement

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7
Q

When does SDS need to be signed?

A

at closing

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8
Q

What does STS stand for?

A

Servicing Transfer Statement

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9
Q

When do we need to send the borrower STS?

A

15 days prior to transfer

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10
Q

What does STDS stand for?

A

Servicing Transfer Disclosure Statement

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11
Q

When does STDS need to be sent?

A

30 days post transfer

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12
Q

How long is the post transfer “grace period”?

A

60 days

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13
Q

What is Section 8 of Regulation X?

A

kickbacks and referrals

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14
Q

Section 8 of RESPA says that NO thing of _______ can be given as a kickback for a referral

A

value

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15
Q

What can an lender require a borrower to use according to Section 8 of RESPA?

A
  • appraiser
  • credit reporting agency
  • attorney
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16
Q

According to Section 8 of Reg X, it is bad to _________ ____ for any third parties other that and appraiser, credit reporting agency, and attorney.

A

require use

17
Q

Criminal penalty for disregarding Section 8

A

$10,000 and/or 1 year

18
Q

Civil penalty for disregarding Section 8

A

3 times all charges

19
Q

Section 8 of RESPA says that legitimate fess/discounts for services are _________ and _________.

A

allowed and legal

20
Q

Section 8 of RESPA says that fee-splitting, unearned fees, and referral fees are __________ and __________.

A

banned and illegal

21
Q

What does Section 9 of RESPA state?

A

The lender/seller cannot require a specific title insurance company for borrower

22
Q

What does Section 10 say about holding escrows?

A

Bank says MOST a creditor can require per month of escrows is 1/12 of the annual dues (a month)

23
Q

What is the Section 9 MAX civil penalty?

A

3 times all charges made

24
Q

For Section 10, what is the MAX cushion/overage (in addition to monthly escrows) allowed to be taken from borrower?

A

1/6th of annual dues (2 months)