A mortgage broker pays for title services on behalf of a developer. Who has violated RESPA?

Under the Real Estate Settlement Procedures Act (RESPA), it is prohibited for any person to give or receive a kickback or referral fee for the referral of settlement service business, which includes title services. If a mortgage broker pays for title services on behalf of a developer, it raises the issue of possible violation of RESPA because this arrangement may involve a financial benefit to the developer in exchange for referrals or business being generated for the title services.

Both parties could be perceived as complicit in this potential violation. The mortgage broker may be delivering an incentive to the developer that could be construed as a kickback. Meanwhile, the developer could be participating in receiving this benefit, which violates the intent of RESPA that seeks to ensure consumers receive information about the costs of settlement services, thus promoting transparency and fair practices in the mortgage industry.

This underscores the collaborative responsibility of both the mortgage broker and the developer in adhering to RESPA regulations. Therefore, the answer accurately reflects the potential liabilities of both parties involved in the transaction.