Which of the following payments is a violation of RESPA?

The correct answer is based on the provisions of the Real Estate Settlement Procedures Act (RESPA), which aims to protect consumers from abusive practices in the real estate settlement process by mandating transparency and preventing conflicts of interest.

In this case, when a mortgage broker accepts a fee for directing customers to a title company, it creates a situation of potential abuse and conflicts of interest that RESPA seeks to prevent. Such a payment could be seen as a kickback, which is illegal under RESPA. The law specifically prohibits any kind of fee or financial incentive that is not based on services performed, to ensure that the consumer is not being charged for unnecessary or inflated costs due to these arrangements.

On the other hand, the actions described in the other choices align with RESPA requirements. Paying a fee to determine if a property is in a flood zone is a legitimate service that can be billed appropriately, as it pertains to risk assessment. Referring a borrower to an affiliated title company is permissible as long as the affiliated business arrangement disclosure is provided, maintaining transparency. Charging a market fee for title examination ensures that the fee is based on the actual service provided, keeping the transaction fair and compliant.