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#2254134 - 05/19/21 09:05 PM Section 8 violation?
MonicaMc Offline
100 Club
Joined: Dec 2013
Posts: 236
Land of Oz
We have a bit of an unusual situation.
We have a person that has applied with us to become a loan originator. (She is not currently, and has never been, an originator - but that's another story...)
Her husband has a civil service job and also has a side business for installing Christmas lights and mowing. Our applicant is not an owner of the business, but she is on the business bank accounts as a signor.
One of the husband's side business' long time customers is a real estate agent in town. This agent has been referring customers to the side business and in turn, receives the light installation and mowing services for free.
Would we have any potential RESPA violations here since our applicant is not an owner of the business? If nothing else, we would likely require her to be removed from the business bank accounts so there are no questions, if she were to be hired.

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#2254136 - 05/19/21 09:35 PM Re: Section 8 violation? MonicaMc
rlcarey Online
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Joined: Jul 2001
Posts: 79,347
Galveston, TX
I don't understand. A real estate agent refers business to the light installer and lawn mower and the agent then gets free installation and their lawn mowed? What does that have to do with Section 8?
The opinions expressed here should not be construed to be those of my employer:

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#2254143 - 05/20/21 11:45 AM Re: Section 8 violation? MonicaMc
Adam Witmer Offline
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Joined: Sep 2010
Posts: 2,622
I agree with Randy. It doesn't appear that you have any kickbacks or unearned fees for a settlement service relating to a federally related mortgage loan. If, somehow, your new Loan Officer started providing kickbacks or unearned fees for mortgage loan referrals, that would, of course, be a problem. But based on their current set-up, I don't see an issue for Section 8 as it has nothing to do with a settlement service for a federally related mortgage loan.
Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.

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