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Real Estate Market › Anti-Kickback Statute

Foley & Lardner LLP

Pay-to-Play in the CFPB’s Cross-Hairs: Digital Mortgage Comparison-Shopping Platforms under RESPA Scrutiny

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The Consumer Financial Protection Bureau (CFPB) ended a more than decade-long hiatus since the last formal guidance regarding Section 8 of the Real Estate Settlement Procedures Act (RESPA) on February 7, 2023, by issuing its...more

Buchalter

CFPB Withdraws Former Marketing Services Agreement Guidance; Issues New Frequently Asked Questions Regarding RESPA Section 8 and...

Buchalter on

On October 7, the Consumer Financial Protection Bureau (CFPB) took steps to clarify its interpretation of how settlement service providers may comply with the “no kickback” and “unearned fee” provisions of Section 8 of the...more

McGuireWoods LLP

Court Refuses to Dismiss Claim Based on Allegations that a Real Estate Marketing Company’s Co-Marketing Program Violated RESPA’s...

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A federal district court recently refused to dismiss a complaint alleging that a real estate marketing company operated its “co-marketing program” among real-estate agents and mortgage lenders in a manner that violated the...more

MoFo Reenforcement

CFPB Watch: MSAs Going the Way of Arbitration Clauses?

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Following a now familiar approach, the CFPB issued a bulletin today that suggests deep disapproval of an entirely legal practice. This time, its target is marketing servicing agreements (MSAs), which are agreements that...more

Goodwin

CFPB Takes Enforcement Action for Violations of RESPA’s Kickback Provisions

Goodwin on

The CFPB announced it had entered into a consent order with a mortgage lender for violations of Section 8 of the Real Estate Settlement Procedures Act. Section 8 generally prohibits receiving kickbacks, fees, or anything of...more

Goodwin

CFPB Files Complaint Alleging Violations of RESPA

Goodwin on

Based on an investigation by HUD beginning more than two years ago, the CFPB filed a complaint in the United States District Court for the Western District of Kentucky against a law firm that provides settlement services...more

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