Section 40 Real Estate Settlement Procedures Act of 1974

• Library: Consumer Law and Practice 2010

All fees should be scrutinized to determine if they violate RESPA. Prohibitions against kickbacks are contained in 12 U.S.C. § 2607. What fees were paid and who received the fees should be reviewed to determine if a lender is violating the anti-kickback provisions of RESPA. The courts are split on whether charging a fee for which no service was performed violates RESPA. In Echevarria v. Chicago Title & Trust Co., 256 F.3d 623 (7^th Cir. 2001), Haug v. Bank of America, N.A., 317 F.3d 832 (8^th Cir. 2003), and...