The Barrowers sought a $164,000 loan from LendFed Bank to finance the purchase of a house...
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The Barrowers sought a $164,000 loan from LendFed Bank to finance the purchase of a house being built for them. The loan was to be secured by a mortgage on the new home. One provision required that the Barrowers pay 2% of the face value of the loan as a "mortgage organization fee." Of that amount, %% was to be paid to LendFed Bank and the remainder to the LendFed branch manager as a bonus/commission. The Barrowers sued LendFed Bank contending that the "bonuses and commissions" to be paid to LendFed's staff/manager were in violation of the anti-kickback provision of the Real Estate Settlement Procedures Act. Will the Barrowers prevail? The Barrowers sought a $164,000 loan from LendFed Bank to finance the purchase of a house being built for them. The loan was to be secured by a mortgage on the new home. One provision required that the Barrowers pay 2% of the face value of the loan as a "mortgage organization fee." Of that amount, %% was to be paid to LendFed Bank and the remainder to the LendFed branch manager as a bonus/commission. The Barrowers sued LendFed Bank contending that the "bonuses and commissions" to be paid to LendFed's staff/manager were in violation of the anti-kickback provision of the Real Estate Settlement Procedures Act. Will the Barrowers prevail?
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