Practical guides for compliance teams navigating RESPA Section 8, co-marketing arrangements, and regulatory examinations.
RESPA Section 8 bans kickbacks and referral fees, but contains a critical carve-out for bona fide services at fair market value. Here's exactly where the line is and how regulators evaluate it.
Read guideThe CFPB doesn't accept 'it felt fair.' Examiners look for documented evidence: comparable rates, methodology, and services actually rendered. This is what a defensible FMV file looks like.
Read guideUnder CFPB examination procedures § 8.5, examiners review agreement documentation, FMV evidence, and whether services were actually performed. Here's the complete checklist.
Read guideMost RESPA enforcement actions share the same root cause: no documentation at the time of the arrangement. A look at what regulators found — and what a compliant process would have prevented.
Read guideDesk rental between lenders and real estate brokerages is one of the most scrutinized co-marketing arrangements. The short answer: yes, but only under strict conditions.
Read guideSponsoring a real estate conference or open house can be a legitimate co-marketing activity — or a disguised referral fee. The distinction comes down to FMV and documentation.
Read guideWe're publishing new RESPA compliance guides regularly. Subscribe or check back for updates on enforcement trends, exam preparation, and documentation best practices.
Recent developments in RESPA enforcement, regulation, and industry practice.
The Mortgage Bankers Association released a revised co-marketing checklist covering FMV documentation, desk rental structuring, and sponsorship agreements — updated to reflect recent CFPB examination findings.
A regional mortgage lender reached a settlement following a CFPB inquiry into marketing services agreements that lacked contemporaneous FMV documentation. The case reinforces the agency's continued focus on MSA record-keeping.
Revised CFPB examination guidance makes clear that FMV analyses must be documented at the time an arrangement is entered into — not reconstructed during an examination. Examiners will now specifically request the methodology memo alongside comparable market data.
In response to industry questions, HUD confirmed that its 1996 policy statement on desk rental arrangements continues to serve as authoritative guidance under the current regulatory framework, with CFPB enforcement activity aligned to the same standards.
A survey of 200 mortgage compliance officers found that FMV documentation gaps — not the arrangements themselves — are the primary source of RESPA Section 8 exposure. Most respondents reported conducting FMV reviews informally or not at all.
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