2021十大正规彩票app结算程序法(RESPA)

Yes, as long as you follow the rules set out in the 2021十大正规彩票app结算程序法(RESPA). These rules come into play any time a real estate broker in a position to refer mortgage business to a lender is paid a “thing of value” by the lender.

A broker may charge a lender a flat fee to place the lender’s banner ads or hyperlinks on the broker’s website, 但报酬必须合理，并与服务的价值相称. Some brokers charge a small fee every time someone clicks through to the lender’s website. This appears permissible under RESPA guidelines as long as the fee is minimal and not tied to whether that click results in a loan.

根据贷款人和消费者之间的交易收取费用是被RESPA禁止的. 例如, it would be a RESPA violation if you received a fee for every click that resulted in an application or closed loan.

这取决于. A mortgage company sponsoring an educational event to promote its services can do so as long as the cost associated with the event doesn’t cover any of the agents’ other expenses they would otherwise have to pay, 比如CE学分的费用. The mortgage company can’t sponsor the luncheon on the condition that it will receive referrals, 要么. And the company must promote its services during the event to qualify for the 2021十大正规彩票app结算程序法(RESPA) advertising exemption.

While real estate agents will find it difficult to serve as both real estate agents and mortgage brokers, 或者2021十大正规彩票app经纪人和兼职贷款员工, agents may still be paid under a RESPA exemption that permits persons (even ones that refer lenders business) to be paid for services rendered, 只要报酬与所提供的服务相称. A real estate agent who spends an hour with a customer taking a preliminary credit application and collecting certain credit documents (i.e., W-2s, 工资单, 银行对账单)为贷款人提供了真实的服务, 必要的, 而且与代理人的正常职责不同. Reasonable compensation (generally a flat fee, not a percentage of the loan amount) may be justified. 请注意, 然而, that real estate agents may not take loan applications in connection with FHA-insured loans.

首先，RESPA没有新的变化. Information about real estate agent and mortgage broker compensation first appeared in a 1995 HUD informal advisory opinion issued to the Independent Bankers Association of America. 这封信, often referred to as the Retsinas Letter (after the former FHA Commissioner who issued the letter), 后来通过参考纳入了3月1日的, 1999, RESPA关于贷款人向抵押贷款经纪人付款的政策声明, 64年美联储. 注册. 10080. 在这些指导方针下, agents and brokers may receive fees for performing loan origination work on a lender's behalf, 比如办理贷款申请, 咨询的借款人, 订购信用报告和评估, 并完成贷款文件，用于处理贷款. 费用必须“与所提供服务的价值合理相关”.“终于, many of the promotional materials claim their compensation programs have received HUD "approval.“虽然HUD可能会提供一般指导, 该部门不批准个人的商业计划, and generally does not opine as to what amounts constitute fair and reasonable compensation. 在接受索赔之前，要求看到HUD的批准副本.

因为RESPA豁免雇主支付给雇员的款项, several programs offer to make the real estate agent a part-time employee of the lender. 然而，只有真正的雇员才享有这项豁免. 美国国税局(Internal Revenue Service)为就业制定了严格的标准. 尽管住房和城市发展部从未公布过标准，但美国国税局的规定很可能会占上风. That means in order to be considered an employee rather than an independent contractor, the agent/loan officer must: 1) be under the supervision and control of a lender's office; 2) use the lender's equipment; 3) have set hours; 4) receive a W-2 form; 5) receive standard employee benefits; and 6) have the lender be liable for the employee's conduct. That means that a real estate agent that becomes a "loan officer" only after selling a property is unlikely to be considered a true employee and therefore would not be covered by the RESPA exemption.

在一个非正式的HUD解释中, the department indicated that a sale of a list of consumers to a settlement service provider did not violate RESPA provided the payment is for the use of the list and is not further conditioned upon the number of closed transactions resulting from the list, 或者其他考虑, 例如，清单上的卖家对所提供产品的背书. 因此, 2021十大正规彩票app经纪人可以得到象征性的补偿, 向贷款人提供有关客户的某些基本信息(例如.e.姓名、地址、电话号码、新购房屋价格等.). 然而, 在这种情况下, 2021十大正规彩票app中介不应向客户宣传贷款人或其服务, 并且付款必须支付给代理商, 不管这个贷款是否最终变成了一笔封闭的贷款.