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A mortgage company owns 25% of a settlement service provider and refers borrowers to this company. The mortgage company receives quarterly distributions based on the provider's profits. This arrangement is:

Correct Answer

B) Permitted if AfBA disclosure is provided

This arrangement is permitted under RESPA's AfBA provisions as long as proper disclosure is made, the borrower is not required to use the service, and the payments are returns on ownership interest rather than referral fees.

Answer Options
A
Prohibited under RESPA as an illegal kickback
B
Permitted if AfBA disclosure is provided
C
Permitted only if the borrower consents in writing
D
Prohibited unless the mortgage company provides services to the provider

Why This Is the Correct Answer

This arrangement is permitted under RESPA's AfBA provisions as long as proper disclosure is made, the borrower is not required to use the service, and the payments are returns on ownership interest rather than referral fees.

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