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Ethics & Fraudmedium17% of exam

An MLO's spouse works as a real estate agent and refers clients to the MLO. The MLO provides a $100 gift card to the spouse for each successful loan closing. Which statement is most accurate regarding this arrangement?

Correct Answer

B) This violates RESPA's anti-kickback provisions regardless of the marital relationship

RESPA Section 8 prohibits kickbacks and referral fees regardless of family relationships. The fact that the MLO and real estate agent are married does not exempt them from RESPA's anti-kickback provisions. Any payment for referrals violates federal law.

Answer Options
A
This is permissible since they are married and the payment is between spouses
B
This violates RESPA's anti-kickback provisions regardless of the marital relationship
C
This is allowed if disclosed to the borrower on the Loan Estimate
D
This is permissible if the gift card value is under the de minimis threshold

Why This Is the Correct Answer

RESPA Section 8 prohibits kickbacks and referral fees regardless of family relationships. The fact that the MLO and real estate agent are married does not exempt them from RESPA's anti-kickback provisions. Any payment for referrals violates federal law.

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