Skip to main content

RESPA’s “Required Use”

Apr 16, 2015
RESPA Mortgage Application

Question: Our state banking department has cited us for a violation of RESPA, because we did not comply with RESPA’s “Required Use” provisions. What is “Required Use” and how can we avoid this violation in the future?

Answer: The Real Estate Settlement Procedures Act (RESPA) contains a certain definition relating to the use of a settlement service provider. Under RESPA, “required use” occurs when a loan applicant must use a particular provider of a settlement service in order to have access to some distinct service or property, and the applicant will pay for the settlement service of the particular provider or will pay a charge attributable, in whole or in part, to the settlement service. [24 CFR § 3500.2(b)]

The following two caveats should be followed in order to avoid causing a violation of RESPA if, for instance, the lender offers a package, or a combination of settlement services, or offers discounts or rebates to consumers for the purchase of multiple settlement services:

►Any package or discount is optional to the purchaser; and,
The discount is a true discount below the prices that are otherwise generally available, and must not be made up by higher costs elsewhere in the settlement process.



​Jonathan Foxx, former chief compliance officer for two of the country’s top publicly-traded residential mortgage loan originators, is the president and managing director of Lenders Compliance Group, a mortgage risk management firm devoted to providing regulatory compliance advice and counsel to the mortgage industry. He may be contacted at (516) 442-3456 or by e-mail at [email protected].

 

About the author
Published
Apr 16, 2015
Idaho Gov. Passes Law To Restrict Mortgage Trigger Leads

Effective July 1, 2025, the bill shields Idaho homebuyers from being inundated with credit solicitations

Under Trump, CFPB's Probes of Big Tech and Finance Firms Freeze Up

Companies may avoid consequences for alleged wrongdoing as the CFPB drops lawsuits against Capital One and Rocket Homes and pauses investigations into Meta and others — including providers of medical credit cards.

No FHA-Insured Loans For Non-Permanent U.S. Residents

In March 26 letter, HUD states change is effective May 25, aligns with Trump Administration policies

GSEs Ordered To Terminate Special Purpose Credit Programs

Fannie Mae’s and Freddie Mac’s current support for such SPCP programs is ‘inappropriate,’ FHFA has determined

Housing Shake-Up: HUD And FHFA Slash Staff, Close Offices

Federal housing agencies undergo sweeping cuts as Trump administration pushes aggressive downsizing

Plans to Build 3 Million New Houses

Selling and leasing government land is part of the Trump Administration’s initiative to spur the housing market

Mar 20, 2025