Lending regulation

Kickback

An unearned payment for referring settlement service business

Anything of value given or received for a referral — cash, gifts, discounted services, a paid holiday. RESPA prohibits it for federally related mortgage loans, and payment for services actually rendered at market value is the narrow line separating lawful from unlawful.

How the exam asks about it

The examinable question is always whether anything was actually earned. If the payment is for the referral itself, it is prohibited.

Related terms

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