Has anyone heard anymore updates on whether it's a violation of RESPA to use realtor's weblinks on our bank's mortgage website? The last I heard, everyone was waiting for HUD to analyze this. Is a weblink something of value that would violate RESPA?

Why do it if there is no value? If it refers business and generates income it certainly has value.

The answer isn't that HUD hasn't responded to requests on this, though they haven't that I know of, but rather what is your appetite for risk and how would you defend yourself?

While I have heard differing opinions, I'd error on the side of caution and not do this. But that is just me.

When you say "thing of value" I understand that you mean value to the realtor...but what if it's a value to the bank? We have a list of all local realtors/builders (ones with websites) on our bank website...there is no charge to anyone for this listing...the list is checked every 3 months to be sure the links are all current and linking properly...they are listed alphabetically by geographical area.....the page is called "Links to Local Realtors and Builders". I'll admit I've never considered the value to the realtors because we did it as a value for our customers and to drive traffic to our own website. That page is one of our most visited pages...site visitors have come to know that if they want to search local housing online we have a complete list they can work from..instead of them having to look up each realtor or search the newspaper ads for the realtor's website address. Is the value to the bank a defense?

The "thing of value" issue is a two way street. You may not give or receive a thing of value without providing approved services.

If you have a complete list of Realtors and such, those who do business with you and those who do not, you have protected yourself somewhat. It is still a gray area in that it hasn't been tested by the agencies or courts, that I know of.

What about our Bank being listed on a local realtors site. We're only one of 2. They are not listed on ours.

There isn't much you can do about links to your site, except ask that they be taken off or sue them. The latter isn't good business. Section 8 issues aren't either, but I don't believe you'd face huge risks in this arena.

If the Realtor has links to all mortgage lenders, again there is minimal risk of criticism that would cause me concern. If it is there because they expect more business because they advertise for you, you venture deeper into this territory.

My personal opinion is that if it is questioned by someone with authority, it would be done such that you'd be given an opportunity to correct the gray area issue before suffering any consequences. I see minimal risk unless you made an issue of it, refusing to correct the situation. That is more applicable to the other question than someone linking to you. Again, I wouldn't sweat it unless you really do not want the link and they really do expect kickbacks.