PLEASE ANSWER YOUR THOUGHTS ON ALL, BUT DISCUSS TWO.

(Please let us know which Scenario you are discussing)

RESPA VIOLATION, OR NOT?

Scenario 1

A lender encourages a borrower who receives a federally related mortgage loan from it to

employ an attorney to perform the title searches and related settlement services in connection

with their transaction. The lender and the attorney have an understanding that in return for the

referral of this business, the attorney provides legal services to the lender, or the lenders

officers or employees at abnormally low rates or for no charge.

Is this a violation or not? Discuss

Scenario 2

A credit reporting company places a fax machine in the office of a mortgage lender, so that the

credit reporting company can easily transmit requests for credit reports and the mortgage

lender can respond. The credit reporting company supplies the fax machine at no cost or at a

reduced rental rate based on the number of credit reports ordered.

Is this a violation or not? Discuss

Scenario 3

A Mortgage company gives a real estate broker marketing materials, such as desk calendars, pens, and notepads, all of which promote the Mortgage companys name. Is this a violation of Section 8 of RESPA?

Is this a violation or not? Discuss

Scenario 4

A borrower refinanced a RESPA-controlled residential mortgage loan with a lender and is

charged an underwriting fee. The borrower thought the fee was excessive for the service

involved.

The borrower sought to reduce the fee to a reasonable amount for the actual underwriting

service, claiming the fee was prohibited by RESPA since the amount of the fee was not related

to the value of the underwriting services provided.

The lender claimed the fee was permitted by RESPA as the charge was for a service actually

provided for the borrower and the amount could not be questioned since RESPA only requires a

service to have been rendered to collect a fee and does not restrict the amount a lender may

charge for services provided.

Is this a violation or not? Discuss

Please Answer all 4, but Discuss 2 scenarios.