RESPA Flashcards
What does RESPA stand for
Real Estate Settlement Procedures Act
Why did congress pass RESPA
For consumer protection for loans on residential property (1-4 units)(owner occupied)
What does RESPA allow
for borrowers to receive timely disclosure regarding nature and cost of settlement service
The purpose of RESPA is
To help consumers be better shoppers for settlement services
What does section 6 of RESPA deal with
Protecting homeowners against mortage servicing abuses
What is section 8 of RESPA
Prohibits kickbacks, fee-splitting ,& receiving unearned fees (nothing of value can be given or received )
What is section 9 of RESPA
A seller can’t require the use of a particular title company
What is section 10 of RESPA
Set limits on amounts that can be charged to maintain escrow accounts
Examples of settlement services include
- origination of federally related mortgage loan
- Mortgage broker services
- Title Services
- Services such as origination, processing & federal mortgage loan funding
RESPA is also known as
Regulation X
RESPA doesn’t cover what
- All cash sales
- Sells where home seller takes back mortgage
- Rental property transaction
- agriculture property (property 25+ acres)
- Vacant Land
- commercial properties
- Temporary financing (such as bridge or construction loans)
what is a mortgage servicer
A company that collects monthly mortgage payments such as taxes, insurance, etc. and notifies the borrower of late payments
what is fee splitting
splitting money with an unlicensed person
RESPA section 9 allows the borrower to sue the lender for
3 times the amount paid for the title insurance if lender forces borrower to use said title insurance
-AKA Treble damages
what does an escrow account do
Holds the money that mortgage lenders collect monthly