REC RESPA

The CFPB recently released a set of Frequently Asked Questions (FAQs) discussing topics under the Real Estate Settlement Procedures Act (RESPA) and Regulation X. The FAQs provides much needed clarity and general overview of the provisions in RESPA Section 8, and addresses the application of these provisions to Marketing Service Agreements (MSA’s) gifts and promotional activities.

At the same time, the Bureau rescinded Compliance Bulletin 2015-05, RESPA Compliance and Marketing Services Agreements. The Bureau’s rescission of the Bulletin does not mean that MSAs are per se or presumptively legal. However this does provide much needed clarity on the nuances of MSA’s so that marketers and service providers can operate in a compliance manner. The FAQ’s explain’s RESPA Section 8 specific facts and circumstances, including how MSA’s are structured and implemented. The FAQs aim to provide greater clarity on these points and highlight examples of when an MSA is or is not legal.

You can access RESPA FAQs here:

https://www.consumerfinance.gov/policy-compliance/guidance/mortgage-resources/real-estate-settlement-procedures-act/real-estate-settlement-procedures-act-faqs/.

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