RESPA covers loans secured with a mortgage placed on one-to-four family residential properties. Originally enforced by the U.S. Department of Housing & Urban Development (HUD), RESPA enforcement responsibilities were assumed by the Consumer Financial Protection Bureau (CFPB) when it was created in 2011.
RESPA covers all federally regulated mortgage loans including purchase loans, refinances, home improvement loans, land contracts and home equity lines of credit (HELOCs).
RESPA is designed to protect borrowers from situations that may arise during the mortgage loan process. It requires lenders to disclose necessary financial information so consumers can make an informed home-buying decision. It also eliminates kickbacks and limits the use of escrow accounts.
The following transactions are not covered by RESPA: An all-cash sale; • A sale where the individual home seller takes back the mortgage; and • Business, Commercial, or Agricultural purpose loans. RESPA requires disclosures to be given to applicants for a federally related mortgage loan.
A “bridge loan” or “swing loan” in which a lender takes a security interest in otherwise covered 1- to 4-family residential property is not covered by RESPA and this part.
RESPA covers transactions involving a federally related mortgage loan, which includes most loans secured by a lien (first or subordinate position) on residential property.
RESPA eliminates abusive practices, such as kickbacks and referral fees, which increase the costs paid by consumers. RESPA reduces the amounts that homebuyers must place in escrow accounts.
RESPA regulations apply to any residential mortgage loan made to finance the purchase of a one- to four-family home or to refinance an existing mortgage.
The provisions of the act apply to most types of consumer credit, including closed-end credit, such as car loans and home mortgages, and open-end credit, such as a credit card or home equity line of credit.
Final answer: Out of steering, paying of kickbacks, blockbusting, and redlining, the Real Estate Settlement Procedures Act (RESPA) directly prohibits the paying of kickbacks. Other acts are prohibited under Fair Housing Act and the Community Reinvestment Act.
Explanation: Business purpose loans are exempt from RESPA coverage.
RESPA, along with other regulatory guidelines, is designed to help protect homebuyers and existing homeowners from unfair practices when dealing with real estate agents, brokers, lenders and affiliated companies. Consumer Financial Protection Bureau. "CFPB Consumer Laws and Regulations," Page 3-4.
An application is defined as the submission of six pieces of information: (1) the consumer's name, (2) the consumer's income, (3) the consumer's Social Security number to obtain a credit report (or other unique identifier if the consumer has no Social Security number), (4) the property address, (5) an estimate of the ...
RESPA also prohibits a lender from charging excessive amounts for the escrow account. The lender may require a borrower to pay into the escrow account no more than 1/12 of the total of all disbursements payable during the year, plus an amount necessary to pay for any shortage in the account.
Dealer loans are covered by RESPA if the obligations are to be assigned before the first payment is due to any lender or creditor otherwise subject to the regulation. o Loans that are the subject of a home equity conversion mortgage or reverse mortgage issued by a lender or creditor subject to the regulation.
RESPA applies to all federally related mortgage loans made by lenders for the sale or transfer of 1-4 unit residential dwellings. The Housing Financial Discrimination Act prohibits redlining.
Transactions generally not covered under RESPA include: “an all cash sale, a sale where the individual home seller takes back the mortgage, a rental property transaction or other business purpose transaction.” “The sale of a loan after the original funding of the loan at settlement is a secondary market transaction.
The TILA-RESPA rule applies to most closed-end consumer credit transactions secured by real property, but does not apply to: HELOCs; • Reverse mortgages; or • Chattel-dwelling loans, such as loans secured by a mobile home or by a dwelling that is not attached to real property (i.e., land).
RESPA does not apply to business, commercial, agricultural, and temporary financing like construction loans. Subprime loans are subject to RESPA as long as they are secured by a first or subordinate lien on residential real property.
Since its enactment, RESPA has been amended several times to cover, among other things, subor dinate loans; required disclosures for the transfer, sale, or assignment of mortgage servicing; rules for mortgage escrow accounts, including the account ing method to be used for these accounts; required disclosures; and the ...
RESPA prohibits a real estate broker or agent from receiving a “thing of value” for referring business to a settlement service provider, or SSP, such as a mortgage banker, mortgage broker, title company, or title agent.
RESPA also governs the form of closing documents that can be used. The purpose of the law is to protect homebuyers from being deceived and buying a house that is dangerous or uninhabitable. RESPA does not apply to commercial real estate transactions.
RESPA protects mortgage borrowers from unscrupulous lending actions. It requires lenders to disclose financial information so consumers can make informed decisions when purchasing a home. In addition, it eliminates kickbacks and limits the use of escrow accounts.