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RESPA News Monthly  <Br>April 2026

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RESPA News Monthly
April 2026
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RESPert Rich Horn says AfBA disclosures are ‘best consumer protection tool’
Posted Date: Monday, March 23, 2026

As part of a monthly feature, RESPA News reached out to RESPA expert Richard Horn, co-managing partner of Garris Horn LLP, about potential areas for RESPA enforcement actions and RESPA compliance through proper disclosure of affiliated business arrangements.


 
Compass drops antitrust suit after Zillow changes listing policy
Posted Date: Thursday, March 19, 2026

Compass Inc. filed a notice of dismissal of its antitrust lawsuit against Zillow Group, Inc., dropping all claims without prejudice. Compass dropped the lawsuit following Zillow’s announcement that it will no longer ban publicly marketed listings from its search platform. RESPA News spoke with Saul Ewing partner Francis “Trip” Riley about the impact the case may have on the industry.


 
Class action against Hometap alleges TILA violations
Posted Date: Monday, March 2, 2026

Borrowers filed a class action against Hometap Equity Partners, LLC, and Hometap Investment Partners III SPV, alleging Hometap’s Home Equity Investment product violated the Truth in Lending Act and the New Jersey Consumer Fraud Act.


 
Compass, Redfin, Rocket send open letter on MLSs, advocate for seller choice
Posted Date: Monday, March 23, 2026

Compass International Holdings, Redfin and Rocket sent an open letter to multiple listing service (MLS) leaders and real estate professionals, stating that “no MLS should override the judgment of the client or interfere with the fiduciary obligations of the professional representing them.”


 
Court considers validity of RESPA claims against servicer
Posted Date: Monday, March 23, 2026

A successor-in-interest sued her mortgage servicer, accusing it of failing to conduct a reasonable investigation after receiving a qualified written request. The successor alleged RESPA and Regulation X violations. 


 
Court considers persuasiveness of 2018 Regulation X amendment
Posted Date: Monday, March 23, 2026

A successor-in-interest sued her mortgage servicer, accusing it of refusing to acknowledge her successor status and failing to properly respond to a qualified written request, in violation of RESPA. The servicer argued that it had no responsibility to respond as she was not a borrower under RESPA. The servicer filed a motion to dismiss.


 
District court orders CFPB to continue requesting funds from the Fed
Posted Date: Monday, March 23, 2026

U.S. District Court Judge Edward Davila for the Northern District of California, San Jose Division, granted Rise Economy’s motion for summary judgment in its case against the Consumer Financial Protection Bureau (CFPB). The court found that CFPB acting Director Russell Vought’s refusal to request federal funding was unlawful.


 
Representative calls for reconciliation of 21st Century ROAD to Housing Act versions
Posted Date: Monday, March 23, 2026

Rep. Maxine Waters (D-Calif.), with the House Financial Services Committee, sent a letter to the House Democratic Caucus calling for a conference committee to formally reconcile the House- and Senate-passed versions of the “21st Century ROAD to Housing Act,” so that the bill can fully address the nation’s housing crisis. 


 
Court considers servicer’s role in confirming successor to property
Posted Date: Thursday, March 19, 2026

A successor-in-interest sued her mortgage servicer, accusing it of failing to properly respond to notices of error and requests for information, violating RESPA. The servicer argued that the woman was not confirmed as a successor and, as such, was not a borrower under RESPA.


 
States sue HUD over fair housing guidance
Posted Date: Thursday, March 19, 2026

The attorneys general of 16 states filed a complaint against the Department of Housing and Urban Development, alleging that it violated the Administrative Procedure Act by issuing guidance to fair housing enforcement agencies that included “an unprecedented reversal of longstanding law and imposed numerous unlawful conditions on federal funding.”


 
Pending home sales increase in February
Posted Date: Thursday, March 19, 2026

Pending home sales in February increased by 1.8 percent from January and declined 0.8 percent year-over-year, according to the National Association of Realtors Pending Home Sales report.


 
FHFA releases performance plan for FY 2026/27
Posted Date: Thursday, March 19, 2026

The Federal Housing Finance Agency published its annual agency performance plan for fiscal year 2026/27. The agency’s plans include expanding the housing supply and reducing unnecessary regulatory burdens.


 
Court considers parent company liability under RESPA
Posted Date: Monday, March 16, 2026

Two borrowers sued a mortgage servicer, accusing it of failing to respond to several notices of error and requests for information, as well as accusing it of misrepresentation. The borrowers alleged violations of RESPA and the Racketeer Influenced and Corrupt Organizations Act. The mortgage servicer filed a motion to dismiss.


 
District court judge dismisses RESPA suit after servicers reach settlement
Posted Date: Monday, March 16, 2026

The U.S. District Court for the Southern District of California granted Longbridge Financial and Mutual of Omaha Mortgage’s joint motion for voluntary dismissal of Longbridge’s allegations of RESPA violations against Mutual after the two reached a settlement agreement.


 
Recent filing in Zillow class action urges a stay in discovery
Posted Date: Monday, March 16, 2026

On March 11, Zillow emphasized its previous motion for a stay in Taylor v. Zillow, arguing that “it would be particularly unjust and inefficient for parties with strong jurisdictional defenses to be obliged to engage in an invasive and expensive discovery process prior to a likely dismissal from the case.”


 
Trade groups mixed on Senate’s passage of 21st Century ROAD to Housing Act
Posted Date: Monday, March 16, 2026

The Senate passed the 21st Century ROAD to Housing Act 89-10. The National Association of Realtors released a statement of support for the legislation while the Mortgage Bankers Association expressed its concerns regarding the restrictions on institutional investment in single-family housing.


 
Onity Group rebrands PHH Mortgage
Posted Date: Monday, March 16, 2026

Onity Group Inc., a financial services company, announced on March 9 that it expects to rebrand and formally change the name of its subsidiary, PHH Mortgage Corp., to Onity Mortgage Corporation.


 
Executive orders aim to increase housing supply, mortgage credit availability
Posted Date: Monday, March 16, 2026

President Donald Trump issued two executive orders, entitled “Removing Regulatory Barriers to Affordable Home Construction” and “Promoting Access to Mortgage Credit,” which aim to streamline federal permitting requirements for residential developments and to reform mortgage origination.


 
Borrower sues mortgage servicer, alleging consumer protection, TILA violations
Posted Date: Thursday, March 12, 2026

A borrower filed a class action against a mortgage servicer, accusing it of failing to provide monthly statements and of providing false representations in negotiations for a modification agreement. The borrower alleged that the servicer violated consumer protection laws and the Truth in Lending Act (TILA). The servicer argued that it was not subject to TILA, so no violation occurred. The servicer moved for judgment on the pleadings.


 
How to build strong relationships within the title industry
Posted Date: Thursday, March 12, 2026

Loretta Salzano, founder and president at Franzén and Salzano, and Michael Ridgway, president/CEO at Community Title Network and managing member of the Ridgway Law Group, answered a few questions about what they plan to cover in their upcoming October Research, LLC webinar.


 
DOJ appeals preliminary injunction in cases halting HUD’s homelessness program reforms
Posted Date: Thursday, March 12, 2026

The Department of Housing and Urban Development (HUD) announced that the Department of Justice is appealing the district court’s preliminary injunction in the cases filed by the State of Washington and the National Alliance to End Homelessness, which alleged that HUD violated the Administrative Procedures Act through its 2025 homelessness program reforms.


 
Representatives urge HUD to withdraw rule targeting mixed-status
Posted Date: Thursday, March 12, 2026

Reps. Maxine Waters (D-Calif.), Nydia Velázquez (D-N.Y.), Juan Vargas (D-Calif.) and Sylvia Garcia (D-Texas) submitted a comment letter to Department of Housing and Urban Development (HUD) Secretary Turner calling for the immediate withdraw of HUD’s Feb. 19 proposed rule that would require proof of U.S. citizenship or eligible status for every resident in HUD-funded housing, including “mixed-status households.”


 
HUD rule would allow PHAs to implement work requirements
Posted Date: Thursday, March 12, 2026

Department of Housing and Urban Development (HUD) Secretary Scott Turner announced a new proposed rule to provide all public housing authorities and Section 8 project-based rental assistance owners the flexibility to implement work requirements and time limits for non-elderly, non-disabled work-capable adults in HUD-funded housing.


 
What to expect on the RESPA regulatory front in 2026
Posted Date: Monday, March 9, 2026

Last year was full of regulatory uncertainty as agencies like the Consumer Financial Protection Bureau amended rules, reformed programs and rolled back regulations. RESPA News reached out to Loretta Salzano, Charles “Chuck” Cain, Francis “Trip” Riley and Marx Sterbcow for their take on the future of the CFPB and the real estate industry. 


 
Borrowers sue servicer for RESPA violation, breach of settlement agreement
Posted Date: Monday, March 9, 2026

On Feb. 24, two borrowers filed a complaint against Shellpoint Mortgage Servicing and U.S. Bank, N.A., alleging that Shellpoint violated RESPA by failing to respond to a qualified written request and breached a 2022 settlement agreement.


 
NAR-supported ban on ‘trigger leads’ goes into effect
Posted Date: Monday, March 9, 2026

The Homebuyers Privacy Protection Act, supported by the National Association of Realtors, went into effect on March 5, prohibiting the use of “trigger leads” to solicit prospective homebuyers the moment they apply for a mortgage or authorized a credit pull.


 
Washington passes real estate listing transparency bill
Posted Date: Monday, March 9, 2026

The Washington Senate unanimously passed SB 6091, which prohibits real estate brokers from marketing residential properties to an exclusive group of prospective buyers or real estate brokers. The House then passed the bill on March 3 with only one representative voting against it.


 
NAR releases statement after State of the Union emphasizing housing supply
Posted Date: Monday, March 9, 2026

Shannon McGahn, executive vice president and chief advocacy officer of the National Association of Realtors, issued a statement after President Trump’s 2026 State of the Union address, emphasizing housing affordability and supply.


 
Senators release section analysis of 21st Century ROAD to Housing Act legislative package
Posted Date: Monday, March 9, 2026

Sens. Tim Scott (R-S.C.) and Elizabeth Warren (D-Mass.), chair and ranking member of the Senate Banking, Housing, and Urban Affairs Committee, respectively, released the text of the 21st Century ROAD to Housing Act, which aims to boost housing supply and bring down costs.


 
RESPA News traveling to Florida for RESPRO
Posted Date: Monday, March 2, 2026

RESPA News will be at the Marriott Resort on Sand Key in Clearwater Beach, Fla., for RESPRO’s annual spring conference on March 5-6. The team is excited to cover the conference and bring you the wisdom needed to navigate today’s regulatory landscape.


 
Real estate companies move to dismiss RICO claim in Zillow class action
Posted Date: Monday, March 2, 2026

The real estate defendants named in a class action against Zillow Group Inc., including GK Properties, Real Broker LLC and Frano Team, filed a motion to dismiss, arguing that the borrowers failed to state a plausible Racketeer Influenced and Corrupt Organizations Act claim.


 
Report determines referral fee market brings risk to consumers
Posted Date: Monday, March 2, 2026

On Feb. 24, the Consumer Policy Center released a report titled “Commission-Based Home Referral Services: Consumer Impacts and Proposed Reforms,” which discussed disclosure expectations for residential real estate referral fees.


 
The National Private Lenders Association announces new course, certification for brokers
Posted Date: Monday, March 2, 2026

The National Private Lenders Association (NPLA) announced the launch of the NPLA Private Lending Academy and Certified Broker Course, a training and certification platform designed to improve execution quality and support long-term professionalism in business-purpose real estate lending.


 
HUD touts accomplishments prior to 2026 State of the Union
Posted Date: Monday, March 2, 2026

Before President Trump’s 2026 State of the Union address, the Department of Housing and Urban Development updated its website’s main page to list its accomplishments, including increasing housing affordability, cutting red tape and cracking down on fraud.


 
Veterans file RESPA class action against lender, alleging consumer steering
Posted Date: Monday, February 23, 2026

Three veterans filed a class action against Veterans United Home Loans, Realty Search Solutions — doing business as Veterans United Realty — and Mortgage Research Center, LLC, alleging the companies provided things of value to preferred real estate agents who steered consumers to their services, in violation of RESPA.


 
NAR, MBA take different stances on HUD’s proposed rule to remove disparate impact from FHA
Posted Date: Monday, February 23, 2026

The Department of Housing and Urban Development received 1,426 comments, including those from the National Association of Realtors and the Mortgage Bankers Association, on its proposed rule to remove discriminatory effects regulations from the Fair Housing Act’s disparate impact standard, leaving questions regarding interpretations of disparate impact liability to the courts.


 
ACES report finds critical defect rate increased in Q3
Posted Date: Monday, February 23, 2026

ACES Quality Management’s Mortgage Industry Trends report for the third quarter of 2025 found that a concentrated deterioration in findings in a few key categories, such as income/employment and legal/regulatory/compliance, drove an increase in the overall critical defect rate.


 
House subcommittee discusses role of GSEs in secondary mortgage market
Posted Date: Monday, February 23, 2026

The House Subcommittee on Housing and Insurance held a hearing titled “Homeownership and the Role of the Secondary Mortgage Market” to discuss the state of the government-sponsored enterprises Fanny Mae and Freddie Mac and their impact on homeownership.


 
First-time homebuyers find opportunities in winter
Posted Date: Monday, February 23, 2026

The National Association of Realtors’ Realtors Confidence Index for January found that first-time homebuyers generally perform better in winter, as families with children typically compete in the summer.


 
HUD proposes rule to close ‘loopholes’ in eligibility for HUD-funded housing
Posted Date: Monday, February 23, 2026

Housing and Urban Development (HUD) Secretary Scott Turner announced a proposed rule to require proof of U.S. citizenship or eligible status for every resident in HUD-funded housing, including “mixed-status households.”


Monthly Newsletter

RESPA News Monthly
June 2026

Cover Story:

RESPert Holly Bunting talks RESPA litigation risk


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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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