The terms,
with the citations.

Current as of October 14, 2026. General information, not legal advice — talk to your counsel about how these rules apply to you.

Affiliated business arrangement (AfBA)

An arrangement where a person in a position to refer settlement service business has an affiliate relationship with, or a more-than-1% ownership interest in, a provider and refers business to it. Permitted only if the relationship is disclosed, the consumer isn't required to use the provider, and the only thing of value received is a return on the ownership interest.

12 U.S.C. §§ 2602(7), 2607(c)(4); 12 CFR 1024.15

Agreement or understanding

The arrangement behind a Section 8 referral payment. It doesn't have to be written or spoken — it can be inferred from a practice, pattern or course of conduct.

12 CFR 1024.14(e)

Co-marketing

Joint advertising between a lender and a real estate agent or other settlement service provider. RESPA doesn't define it; it's evaluated under Section 8 — each party should pay its fair share for services actually performed.

12 U.S.C. § 2607

Desk rental

A lender renting space inside a real estate brokerage. Evaluated under Section 8(c)(2): the rent should be reasonably related to the market value of the space and any services actually provided.

12 U.S.C. § 2607(c)(2); 12 CFR 1024.14(g)(2)

Equal Housing Opportunity

The Fair Housing Act prohibits discriminatory housing advertising; mortgage lenders commonly display the Equal Housing Opportunity logo or statement in ads.

42 U.S.C. § 3604(c)

ECOA / Regulation B

The Equal Credit Opportunity Act prohibits discrimination in any aspect of a credit transaction, including statements in advertising that would discourage applicants on a prohibited basis.

15 U.S.C. § 1691 et seq.; 12 CFR Part 1002, incl. § 1002.4(b)

Fair market value (FMV)

In Section 8 terms, the reasonable value of goods, facilities or services. If a payment bears no reasonable relationship to market value, the excess may be used as evidence of a payment for referrals.

12 CFR 1024.14(g)(2)

Federally related mortgage loan

The loans RESPA covers: generally, loans secured by a lien on residential real property (one to four families) that have a federal connection, such as a federally insured lender, a federal program, or intended sale to Fannie Mae or Freddie Mac.

12 U.S.C. § 2602(1); 12 CFR 1024.2(b)

Kickback (Section 8(a))

Giving or accepting any fee, kickback or thing of value under an agreement or understanding that business incident to a settlement service will be referred.

12 U.S.C. § 2607(a); 12 CFR 1024.14(b)

MAP Rule (Regulation N)

The Mortgage Acts and Practices — Advertising rule prohibits material misrepresentations in commercial communications about mortgage credit products.

12 CFR Part 1014

Marketing services agreement (MSA)

An agreement under which one settlement service provider pays another to market its services. Not defined by statute. Can be permissible when payments are for services actually performed, reasonably related to their market value, and not for referrals; the CFPB rescinded its 2015 MSA bulletin in October 2020 and published Section 8 FAQs instead.

12 U.S.C. § 2607(c)(2); PHH Corp. v. CFPB, 881 F.3d 75 (D.C. Cir. 2018) (en banc)

NMLS ID

The unique identifier assigned by the Nationwide Multistate Licensing System and Registry. Regulation Z requires the loan originator's name and NMLSR ID on certain loan documents; many states also require it in advertising.

12 CFR 1026.36(g); state licensing law

Notice of error / Request for information

Written borrower correspondence a mortgage servicer must handle under Regulation X. Generally: acknowledge within 5 business days and respond within 30 business days (excluding legal public holidays, Saturdays and Sundays), with shorter limits for some errors and a possible 15-day extension.

12 CFR 1024.35, 1024.36

Private right of action (Section 8)

Borrowers can sue for Section 8 violations; violators are jointly and severally liable for three times the amount of any charge paid for the settlement service. Criminal penalties also apply.

12 U.S.C. § 2607(d)

Referral

Any oral or written action directed to a person that has the effect of affirmatively influencing that person's selection of a settlement service provider.

12 CFR 1024.14(f)

RESPA

The Real Estate Settlement Procedures Act of 1974. The CFPB has administered it since 2011 under the Dodd-Frank Act, through Regulation X.

12 U.S.C. §§ 2601–2617; 12 CFR Part 1024

Section 8(b) — unearned fees

Giving or accepting any portion, split or percentage of a settlement service charge other than for services actually performed.

12 U.S.C. § 2607(b); 12 CFR 1024.14(c)

Section 8(c)(2) — services actually performed

The exception that allows bona fide payments for goods or facilities actually furnished or services actually performed — the legal basis for compliant co-marketing.

12 U.S.C. § 2607(c)(2); 12 CFR 1024.14(g)(1)(iv)

Settlement service

Any service provided in connection with a real estate settlement — including loan origination, title, appraisal, inspections, and real estate agent services.

12 U.S.C. § 2602(3); 12 CFR 1024.2(b)

Thing of value

Read broadly: any payment, advance, funds, loan, service or other consideration — including discounts, trips, and payment of another person's expenses.

12 U.S.C. § 2602(2); 12 CFR 1024.14(d)

Trigger terms (Regulation Z)

Terms in a closed-end credit ad — such as a down payment amount, the number of payments or repayment period, a payment amount, or a finance charge amount — that require additional disclosures in the same ad.

12 CFR 1026.24(d)

UDAAP

Unfair, deceptive, or abusive acts or practices, prohibited for covered persons and service providers under the Consumer Financial Protection Act.

12 U.S.C. §§ 5531, 5536