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A mortgage lender establishes a captive reinsurance company to reinsure title insurance policies on loans it originates. The lender receives reinsurance premiums but does not require borrowers to use any specific title company. This arrangement:

Correct Answer

B) Is permitted under RESPA's captive reinsurance safe harbor

RESPA Section 8 provides a specific safe harbor for captive reinsurance arrangements where lenders can receive reinsurance premiums as long as they don't require borrowers to purchase title insurance from specific companies and meet other regulatory requirements.

Answer Options
A
Violates RESPA Section 8 because the lender profits from title insurance
B
Is permitted under RESPA's captive reinsurance safe harbor
C
Is prohibited unless borrowers receive a premium reduction
D
Requires approval from state insurance regulators to be RESPA-compliant

Why This Is the Correct Answer

RESPA Section 8 provides a specific safe harbor for captive reinsurance arrangements where lenders can receive reinsurance premiums as long as they don't require borrowers to purchase title insurance from specific companies and meet other regulatory requirements.

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