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A title company offers to provide free notary services to an MLO's borrowers as a courtesy. Under RESPA, is this arrangement permissible?

Correct Answer

C) No, this constitutes a thing of value in exchange for referrals

Under RESPA Section 8, providing free services to an MLO's clients constitutes a thing of value given in exchange for referrals, which violates the anti-kickback provisions. The arrangement is prohibited regardless of whether it's disclosed.

Answer Options
A
Yes, as long as the service is truly free with no expectation of referrals
B
Yes, but only if the MLO discloses the arrangement to all borrowers
C
No, this constitutes a thing of value in exchange for referrals
D
No, unless the title company provides the same service to all MLOs equally

Why This Is the Correct Answer

Under RESPA Section 8, providing free services to an MLO's clients constitutes a thing of value given in exchange for referrals, which violates the anti-kickback provisions. The arrangement is prohibited regardless of whether it's disclosed.

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