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Overview of the Real Estate Settlement Procedures Act (RESPA)

The Real Estate Settlement Procedures Act protects consumers against abusive and undisclosed fees associated with closing a real estate transaction. Its provisions center on information you must receive in documents such as good faith estimates (GFEs), HUD disclosures and escrow statements.

RESPA violations are common. They may take the form of duplicate fees for origination and administration. One of the most common nondisclosure violations involves fees “paid outside of closing” (POC), which often indicate a deceptive practice known as yield spread premiums.

A Loan Review May Uncover RESPA Violations

Korte & Wortman, P.A., will examine all documents related to your loan to see if you ever agreed to pay fees and costs you incurred. If you do not have all the required documents, we can obtain them from the lender.

RESPA violations can provide you with a range of legal options.

You may choose to:

  • File a lawsuit against your lender, targeted at stopping foreclosure or rescinding/unwinding your loan
  • Cite violations as leverage in working through a deed-in-lieu of foreclosure.
  • Cite violations while negotiating a loan modification or short sale
[box] Click here to read the Real Estate Settlement Procedures Act in full[/box]