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#188398 - 05/10/04 04:19 PM RESPA
Anonymous
Unregistered

We are a Community Bank. I'm thinking the following scenario may be in violation?
"The idea is to encourage Realtors to call our loan officers for their customer's banking needs.Every time they call one of our lenders their name gets dropped in a fish bowl. At month end the entries are collected and a name is pulled for a $50 cash prize."

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Lending Compliance
#188399 - 05/10/04 04:25 PM Re: RESPA
Dan Persfull Online
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Section 8 violation IMO.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#188400 - 05/11/04 02:24 AM Re: RESPA
David Dickinson Offline
10K Club
David Dickinson
Joined: Nov 2000
Posts: 18,763
Central City, NE
No question about it. This is a clear violation of RESPA Section 8. In fact, FIL-103-99 [November 17, 1999] entitled "Potential Violations of Section 8 of the Real Estate Settlement Procedures Act" gives this example as a thing of value (which can't be given for a referral of a RESPA covered loan):

• “Thing of value,” also broadly defined, includes all types of compensation such as monies, discounts, salaries, commissions, fees, and preferential bank rates. HUD has described the opportunity to win a prize as a thing of value. For example, a bank cannot enter real estate agents in a pool to win a trip to Hawaii if a certain number of customers are referred to the bank for a mortgage loan.
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David Dickinson
http://www.bankerscompliance.com

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