Section 8 of RESPA prohibits anyone from giving or accepting a fee, kickback or any thing of value in exchange for referrals of settlement service business involving a federally related mortgage loan. In addition, RESPA prohibits fee splitting and receiving unearned fees for services not actually performed.
Violations of Section 8's anti-kickback, referral fees and unearned fees provisions of RESPA are subject to criminal and civil penalties. In a criminal case a person who violates Section 8 may be fined up to $10,000 and imprisoned up to one year. In a private law suit a person who violates Section 8 may be liable to the person charged for the settlement service an amount equal to three times the amount of the charge paid for the service.
I believe Section 8 would make it a crime to charge more than the actual cost for a service. I am searching to find something regarding non-payment of an accurately charged title fee - but I think in general that any fee listed on a HUD is assumed paid as the funds are basically taken from the buyers and sellers to do so.
What if instead, we were a judgement creditor or a mortgagee and payments described on the HUD were not made? I think this is well worth pursuing to try to ease our non-payment crisis.
Rick
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