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#194931 - 05/27/04 08:50 PM Section 8 question
Anonymous
Unregistered

If a bank sells all of its loans on the secondary market, could the bank pay referral fees for those loans? It is my understanding that Section 8 of RESPA does not apply to secondary market transactions. Correct?

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Lending Compliance
#194932 - 05/27/04 09:23 PM Re: Section 8 question
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
No, except to your own employees.

From Appendix B:
5. Facts: A, a "mortgage originator," receives loan applications, funds the loans with its own money or with a wholesale line of credit for which A is liable, and closes the loans in A's own name. Subsequently, B, a mortgage lender, purchases the loans and compensates A for the value of the loans, as well as for any mortgage servicing rights.

Comments: Compensation for the sale of a mortgage loan and servicing rights constitutes a secondary market transaction, rather than a referral fee, and is beyond the scope of Section 8 of RESPA. For purposes of Section 8, in determining whether a bona fide transfer of the loan obligation has taken place, HUD examines the real source of funding, and the real interest of the named settlement lender.

I think you are confusing "compesation" as it relates to a secondary market transaction with a referral fee.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#194933 - 05/27/04 09:38 PM Re: Section 8 question
Anonymous
Unregistered

I think I understand that part and my question may have been a little misleading. But if we had a customer refer a motgage loan to us and we eventually sold that loan to a third party, could we give the customer any referral fee?

Or am I just totally confused and should read the reg again?

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#194934 - 05/27/04 09:46 PM Re: Section 8 question
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
You may not pay any referral fees to anyone other than your own employees. 3500.14(b)
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#194935 - 05/28/04 04:30 PM Re: Section 8 question
GreatBlue Offline
Diamond Poster
GreatBlue
Joined: Feb 2003
Posts: 2,362
Colorado
It is only compensation between the buyer and seller of the loan on the secondary market that is subject to that exemption.
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Opinions are mine and not necessarily my employer's.

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