A lender pays a duly appointed contract processor $340 per file for actual processing work at reasonable market value, with no referral payment. All separately applicable licensing requirements are satisfied. Under RESPA Section 8, how should the processing fee be treated?
Correct Answer
A) Permitted: $340 pays for processing services that were actually performed
A. The stated fee compensates actual processing services. RESPA permits a lender to pay its appointed contractor for genuine processing work. The stem supplies reasonable value and excludes a referral payment; $340 is not itself a legal safe-harbor amount. Scope and exceptions: A service label cannot shelter a referral reward. Excess compensation, nominal work or duplicate services require separate scrutiny. Source: 1024.14(g)(1)(iii)–(iv), (g)(2) — https://www.consumerfinance.gov/rules-policy/regulations/1024/14/
Why This Is the Correct Answer
A. The stated fee compensates actual processing services. RESPA permits a lender to pay its appointed contractor for genuine processing work. The stem supplies reasonable value and excludes a referral payment; $340 is not itself a legal safe-harbor amount. Scope and exceptions: A service label cannot shelter a referral reward. Excess compensation, nominal work or duplicate services require separate scrutiny.
Why the Other Options Are Wrong
Option B: Prohibited: any payment between settlement service providers is a kickback
Not every inter-provider payment is a kickback.
Option C: Permitted only where the $340 is disclosed on the closing disclosure
Disclosure is not the reason an actual service payment is permitted.
Option D: Prohibited unless the processor holds a loan originator license herself
Licensing is separately satisfied in the scenario; this is not an exemption from licensing.
Exam Tip
Identify the work purchased and its reasonable value.
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