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A title company provides a mortgage lender with a computer terminal and software for processing title orders at no charge. In return, the lender refers borrowers to this title company. This arrangement:

Correct Answer

B) Violates RESPA Section 8 as an illegal kickback scheme

This arrangement violates RESPA Section 8 as it constitutes a thing of value (computer equipment and software) given in exchange for referrals of settlement service business. The fact that it appears to be 'free' does not exempt it from RESPA's anti-kickback provisions.

Answer Options
A
Is permitted as a normal business courtesy between companies
B
Violates RESPA Section 8 as an illegal kickback scheme
C
Is allowed if the computer equipment value is under $25
D
Is permitted if disclosed to borrowers on the Loan Estimate

Why This Is the Correct Answer

This arrangement violates RESPA Section 8 as it constitutes a thing of value (computer equipment and software) given in exchange for referrals of settlement service business. The fact that it appears to be 'free' does not exempt it from RESPA's anti-kickback provisions.

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