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A mortgage broker arranges a loan and receives a 2% origination fee from the borrower and a 0.5% yield spread premium from the lender. Under RESPA Section 8, this arrangement is:

Correct Answer

B) Permitted if both fees are disclosed on the Loan Estimate and Closing Disclosure

Under RESPA Section 8, a mortgage broker may receive compensation from both the borrower and lender, provided that no portion of the lender-paid compensation is conditioned on referring the borrower to specific settlement service providers, and all compensation is properly disclosed on the required loan disclosures.

Answer Options
A
Prohibited because the broker is receiving compensation from both parties
B
Permitted if both fees are disclosed on the Loan Estimate and Closing Disclosure
C
Prohibited unless the borrower specifically agrees to the dual compensation in writing
D
Permitted only if the total compensation does not exceed 2.5%

Why This Is the Correct Answer

Under RESPA Section 8, a mortgage broker may receive compensation from both the borrower and lender, provided that no portion of the lender-paid compensation is conditioned on referring the borrower to specific settlement service providers, and all compensation is properly disclosed on the required loan disclosures.

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