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#1033449 - 09/03/08 03:12 PM Bank listed on Realtor Website
waldensouth Offline
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waldensouth
Joined: Nov 2001
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FINALLY ABOVE the gnat line
I have searched and searched and searched the threads and found many on this topic. All posters seem to agree that allowing a realtor to post bank info on their website is a thing of value and could be a violation of RESPA.

We have one realtor who has a link to mortgage101.com on her site. That link provides a list of lenders by state - she would like to add our name and the name of our mortgage originator/phone number in that area to the list. There is no box that tells the inquirer that they are leaving her website and going to Mortgage101.com so it appears that its all her site. There are several national lenders listed but we would be the only local lender. I don't know if she's also approaching other banks.

In your opinion, does this fall into the same category as a link or free advertisement? Does anyone have any written opinion from regulators on this topic?
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#1033482 - 09/03/08 03:23 PM Re: Bank listed on Realtor Website waldensouth
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
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I haven't heard of an official ruling. And short of litigation or defamation you really can't stop that Realtor from linking to you.

If there is a reciprocal link, I believe you very much into "a thing of value" or you'd have to justify a marketing exception. But if they simply link to you, I don't see the likelihood of a Sect 8 citation. This assumes you don't have some special relationship with the Realtor for referring business to you. It sounds like they're looking for a local flavor and perhaps to gain credibility off your reputation.

You're free to ask that you not be linked to. You could have counsel send the letter for emphasis if you really don't want it. And you could have some content at the landing page that "we are not affiliated with the XYZ Realtor and have requested they remove the link to our site..." The next question is, do you want to do any of that?

Just as lenders get thrown into directories of different sorts, I might categorize this, as one of those. So accept it, but don't encourage it, ask that it be removed, post your own disclosure, or consider legal action. Personally, I would accept it, but not encourage it.
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