During a post-application update, a quality-control reviewer encounters an RESPA Section 8 Kickbacks issue. Which response should confirm the rule-based response?
Correct Answer
A) Handle the servicing request under Regulation X timing
Why this is correct: The Real Estate Settlement Procedures Act (RESPA) is implemented by Regulation X. Section 8 of RESPA broadly prohibits kickbacks and unearned fees for referrals of settlement service business. Regulation X also contains detailed rules regarding mortgage servicing, including procedures and timelines for handling borrower inquiries and requests. The correct answer, "Handle the servicing request under Regulation X timing," appropriately focuses on applying the specific, rule-based timing requirements for servicing actions, which is a core component of RESPA/Reg X compliance. Why the other choices are wrong: "Use an internal exception instead of the required federal disclosure or timing rule" is wrong because internal policies cannot override RESPA's legal requirements. "Delay the RESPA Section 8 Kickbacks step until a later asset documentation review instead of acting now" is incorrect because kickback prohibitions are absolute and immediate; compliance cannot be postponed. "Rely on oral agreement when the rule requires documented compliance" is non-compliant, as servicing communications often require written documentation. Exam tip: RESPA has two main parts: Section 8 (anti-kickback) and Regulation X (servicing and settlement procedures). Match the issue in the stem to the correct part of the law.
Why This Is the Correct Answer
The correct response is "Handle the servicing request under Regulation X timing" because RESPA prohibits kickbacks and regulates escrow, servicing, and settlement-service practices.
Why the Other Options Are Wrong
Option B: Use an internal exception instead of the required federal disclosure or timing rule.
Use an internal exception instead of the required federal disclosure or timing rule. is not correct because it does not apply the rule tested by this file scenario.
Option C: Delay the RESPA Section 8 Kickbacks step until a later asset documentation review instead of acting now.
This distractor shifts the issue to a different trigger, product, or timing rule instead of applying the rule tested in the stem.
Option D: Rely on oral agreement when the rule requires documented compliance.
Rely on oral agreement when the rule requires documented compliance. is not correct because it does not apply the rule tested by this file scenario.
Memory Technique
RESPA and Regulation X: identify the rule being tested, then choose the action that documents or applies that rule before the file moves forward.
Exam Tip
Match the file facts to RESPA and Regulation X; do not choose an exception or shortcut that skips the required rule.
Common Mistakes to Avoid
- -Choosing an internal exception instead of the governing rule
- -Treating preliminary or informal facts as a substitute for required documentation
- -Answering from a familiar but unrelated mortgage topic
More Federal Laws Questions
Before the team acts on a production meeting, a training manager must address SCRA Interest Rate Cap. Which response is most defensible?
A team member asks about RESPA Kickbacks and Referrals in an investor-delivery review while trying to confirm the rule-based response. Which response should the loan team use?
During a disclosure desk review, the loan team encounters an RESPA Servicing Transfer issue. Which response should avoid a shortcut that would misapply the rule?
A disciplinary-risk review raises a question about TILA APR and finance-charge rules. Which action should the renewal specialist recommend?
An MLO is reviewing procedures for a case where a compliance analyst asks why covered mortgage application data is collected. What is the proper handling?
A completed application arrives on 4 May. The lender declines it on 20 May and posts the notice on 8 June.
A lender mails the loan estimate on Monday 8 June rather than delivering it in person. Consummation is set for Friday 19 June.
A consumer complaint response raises a question about GLBA privacy requirements. Which action should the state compliance officer recommend?
Before the team acts on a branch training session, a policy analyst must address RESPA Servicing Transfer Notice. Which response is most defensible?
A training manager is resolving RESPA Referral Fees during an internal audit sample. Which action best fits the rule?
People Also Study
General Mortgage Knowledge
20% of exam
Mortgage Loan Origination Activities
27% of exam
Ethics, Fraud & Consumer Protection
18% of exam
Uniform State Test Content
11% of exam
Related Study Resources
Previous Question
A lender advertises a 30-year fixed rate at 5.25% with 0 points. Its rate sheet has no such product; the best 30-year fixed on offer that week is 5.99% with 1 point.
Next Question
A bank renews an existing commercial loan secured by a warehouse. Why must the bank review the flood determination at renewal?
