What is RESPA (Real Estate Settlement Procedures Act)? Why should I care?
The Real Estate Settlement Procedures Act (RESPA) was enacted in 1974 to protect consumers in the real estate settlement process. RESPA requires lenders, mortgage brokers, and servicers of home loans to provide borrowers with timely disclosures about the nature and costs of the real estate settlement process. RESPA also prohibits specific practices, such as kickbacks, and places limitations upon the use of escrow accounts.
RESPA was created in response to concerns about the high costs of closing on a home loan. At the time, many consumers were unaware of the fees and charges that they would be required to pay at closing. As a result, they were often taken advantage of by lenders and other service providers. RESPA was designed to help consumers by providing them with more information about the closing process and by prohibiting certain unfair practices.
RESPA has been amended several times since its enactment. The most recent major amendment was the Consumer Financial Protection Bureau (CFPB) Rule, which took effect in January 2018. The CFPB Rule made significant changes to RESPA, including expanding the scope of the law and increasing the penalties for violations.
RESPA is a complex law, and there are many different ways that it can protect consumers. Here are some of the key ways that RESPA can protect consumers:
- RESPA requires lenders to provide borrowers with a good faith estimate of closing costs. This estimate must be provided to borrowers within three days of receiving a loan application. The estimate must include all of the fees and charges that the borrower will be required to pay at closing.
- RESPA prohibits lenders from charging excessive closing costs. The law limits the amount of fees and charges that lenders can charge borrowers at closing. These limits are designed to protect consumers from being taken advantage of by lenders.
- RESPA prohibits lenders from requiring borrowers to pay kickbacks. A kickback is a fee that a lender or other service provider charges a borrower in exchange for referring the borrower to another service provider. RESPA prohibits lenders from requiring borrowers to pay kickbacks.
- RESPA requires lenders to place escrow accounts for property taxes and insurance. An escrow account is a special account that is held by a lender to pay property taxes and insurance on behalf of a borrower. RESPA requires lenders to place escrow accounts for property taxes and insurance. This helps to protect borrowers from being surprised by large bills for property taxes and insurance.
- RESPA requires lenders to provide borrowers with a copy of the closing statement within three days of closing. The closing statement is a document that lists all of the fees and charges that the borrower paid at closing. RESPA requires lenders to provide borrowers with a copy of the closing statement within three days of closing. This helps borrowers to understand how much they paid at closing and to verify that the closing went smoothly.
RESPA is an important law that can help to protect consumers in the real estate settlement process. Consumers should be aware of their rights under RESPA and should contact the Consumer Financial Protection Bureau (CFPB) if they believe that they have been violated.
Here is a bulleted list of what RESPA is and what it isn’t:
- RESPA is a federal law that protects consumers in the real estate settlement process.
- RESPA requires lenders, mortgage brokers, and servicers of home loans to provide borrowers with timely disclosures about the nature and costs of the real estate settlement process.
- RESPA prohibits specific practices, such as kickbacks, and places limitations upon the use of escrow accounts.
- RESPA is not a law that regulates the interest rates or fees that lenders can charge.
- RESPA is not a law that prohibits lenders from making loans.
- RESPA is not a law that prohibits borrowers from taking out loans.