Does anyone else out there have a major nationwide real estate agency constantly asking their mortgage officers to commit obvious infractions against RESPA? Typical pitch:

We will have our Annual Acme Real Estate Christmas Party on the evening of December 10 at 5 PM. Would you be interested in becoming our lending sponsor, and spending the evening networking? We are asking sponsors to donate $1,250 each. We plan on having sponsors from one mortgage lender, one title co, an insurance agency, and a termite inspection company. We will feature your logos on on all signage, and on a placard at each table, and you will be the only mortgage lender sponsor meaning you will have exclusive access to our agents via networking all night! Interested? Just let me know!

This not open to everyone - it's just Acme's staff! So, first, do you agree this is in no way, shape, or form, compliant with RESPA Section 8?

Assuming you do...how does any real estate company in the U.S. not know RESPA Section 8? Or do they just not care because they are not regulated? I don't know of any other agencies that make these kind of constant requests for sponsorship.

Sounds like Acme is looking to fund their party through "sponsorship". I'd seriously reconsider doing business with an organization that blatantly is soliciting this violation.

These blow my mind. I literally just posted almost this exact same situation on another thread:

https://www.bankersonline.com/forum/ubbthreads.php/topics/2276822/re-respa-section-8#Post2276822

I have gotten three "invitations" within the last two weeks plus an invitation to join a Realtor's "preferred partner program" which also included some sort of payment from us to them.

It seems that many Realtors work on the understanding that if the lender at least gets to put up signage/logos then it counts as "normal promotional activities". The National Association of Realtors seems to follow this same line of thought in their guidance here: https://www.nar.realtor/ae/manage-your-association/association-policy/following-respa-rules

If you read through the various Permissible and Prohibited activities toward the bottom you will catch a theme. A company that sponsors an event, provides lunch, etc and does not attend/post signage/or otherwise market themselves is in violation while one that does market at the event is not.

I think my view is far more conservative. RESPA's exception for promotional activities states they cannot involve "defraying of expenses that otherwise would be incurred by persons in a position to refer settlement services". If you "sponsor" the event, I would argue that you are clearly defraying the cost to put on the event.

Forward the ad to HUD's legal department for their opinion.

Well, you would want to forward them to the CFPB actually. HUD no longer has any authority to enforce RESPA.

heck, we don't even sponsor an employee christmas party, certainly not going to advocate we pay for someone else's...

I've been getting these questions as well and all I can think is "they can't pay for their own d**n party"? They want lenders and title companies to pay for everything!

Oh, I mean "sponsor" everything!