RESPA (Real Estate Settlement Procedures Act)
Definition
RESPA is a federal law that requires lenders to provide borrowers with information about settlement costs, prohibits kickbacks and referral fees, and limits escrow account deposits. It applies to federally related mortgage loans.
Example
A lender receives a loan application on Monday and must provide the Loan Estimate by Thursday. At closing, if the Closing Disclosure shows that actual costs significantly exceed the estimated costs, certain fees cannot increase at all while others can increase by up to 10%.
Exam Tip
Key RESPA timelines for the exam: Loan Estimate within 3 business days of application, Closing Disclosure at least 3 business days before closing. RESPA prohibits KICKBACKS (not just referral fees) and requires AfBA disclosures. RESPA applies to "federally related" mortgage loans—basically most residential loans.
Related Financing Terms
Deed (in foreclosure context)
In the context of foreclosure, a deed transfers ownership of the foreclosed property to the new owner, typically the buyer at a foreclosure sale.
Trustee Sale
A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.
Foreclosure
Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.
Conventional Loan
A conventional loan is a mortgage that is not insured or guaranteed by a government agency such as the FHA, VA, or USDA. It is originated and funded by private lenders and may be conforming or non-conforming.
FHA Loan
An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.
VA Loan
A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.
Frequently Asked Questions
Test Your Financing Knowledge
Practice with exam-style questions to make sure you can apply RESPA (Real Estate Settlement Procedures Act) and other financing concepts.