Which of the following provisions is NOT included in the Real Estate Settlement Procedures Act (RESPA)?

Study for the Federal Mortgage-Related Laws Test. Our practice test includes flashcards and multiple choice questions, each with hints and explanations. Master the exam and enhance your career opportunities in the mortgage industry!

The Real Estate Settlement Procedures Act (RESPA) is designed to provide consumers with the information they need to make informed decisions about real estate transactions and to eliminate certain types of abuses in the settlement process. Among the provisions included in RESPA are requirements for disclosures about settlement services, the establishment of uniform settlement statements, and prohibitions against kickbacks and referral fees.

The correct answer states that the Act does not establish the maximum origination fee that may be charged on a loan. While RESPA does set limits on certain practices related to settlement services and prevents abuse, it does not stipulate specific caps on fees related to loan origination. Instead, it focuses on transparency and disclosure, ensuring that consumers know what they are being charged for various services involved in the settlement process.

In contrast, the other options include provisions that are indeed covered under RESPA. For instance, the limitation on business affiliations among settlement service providers aims to prevent conflicts of interest that may arise from referrals. The requirement of a uniform settlement statement enhances clarity for consumers by providing a consistent format for them to review and understand the costs associated with a settlement. Additionally, the prohibition of referral fees addresses the problem of unnecessary increases in costs that can stem from illegal kickbacks between service providers.

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