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Vacation Package in Exchange for Loan Referrals

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Question: 
Is it a RESPA violation for mortgage brokerage firms to offer gifts such as a vacation package to real estate agents in exchange for home loan referrals?
Answer: 

Yes. It's a thing of value being given in exchange for a referral.

3500.14(b)

No referral fees. No person shall give and no person shall accept any fee, kickback or other thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving a federally related mortgage loan shall be referred to any person. Any referral of a settlement service is not a compensable service, except as set forth in Sec. 3500.14(g)(1). A business entity (whether or not in an affiliate relationship) may not pay any other business entity or the employees of any other business entity for the referral of settlement service business.

First published on BankersOnline.com 5/23/05

First published on 05/23/2005

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