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A mortgage broker charges borrowers a $500 'processing fee' but actually performs no processing services, instead paying a third-party processor $300 and keeping $200. Under RESPA Section 8:

Correct Answer

B) This violates the prohibition against unearned fees

Under RESPA Section 8, this arrangement violates the prohibition against unearned fees. When a settlement service provider charges for services but doesn't perform them, keeping a portion of the fee without providing corresponding services constitutes an unearned fee violation.

Answer Options
A
This is permitted as long as the fee is disclosed on the Loan Estimate
B
This violates the prohibition against unearned fees
C
This is allowed if the borrower agrees to the fee arrangement
D
This is permitted if the broker provides other services worth $200

Why This Is the Correct Answer

Under RESPA Section 8, this arrangement violates the prohibition against unearned fees. When a settlement service provider charges for services but doesn't perform them, keeping a portion of the fee without providing corresponding services constitutes an unearned fee violation.

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