When Is A Loan Sale A Table-Funded Transaction Subject to RESPA? U.S. District Court In California Casts Doubt On Routine Transactions

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Section 3500.5(b)(7) of Regulation X states that a bona fide transfer of a loan obligation in the secondary market is not covered by the Real Estate Settlement Procedures Act (RESPA). That section goes on to state that "in determining what constitutes a bona fide transfer, HUD will consider the real source of funding and the real interest of the funding lender."

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