Podcasts about Respa

Send us a textRocket Mortgage gets sued for mortgage steering!Today, I discuss the ethical implications of mortgage steering and RESPA violations in real estate. I will highlight the significant lawsuit against Rocket Mortgage, alleging unethical practices in referral systems that prioritize financial benefits over consumer interests. I also delve into the responsibilities of real estate agents to act in the best interest of their clients and the potential legal ramifications of failing to do so. Lastly, I discuss the importance of transparency in referrals and the need for agents to resist pressure from brokerages to prioritize financial incentives.Don't forget to like us and share us!Gary* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.

A new nationwide class action lawsuit is accusing Rocket Companies of illegally steering homebuyers toward its mortgage and closing products — even when better rates may have been available elsewhere. The lawsuit alleges Rocket and its affiliates pressured real estate agents, including those at Redfin, to funnel clients to Rocket Mortgage and its title company, potentially violating the Real Estate Settlement Procedures Act, or RESPA. Rocket denies the allegations and says it will vigorously defend itself. In this episode, Kathy Fettke breaks down what the lawsuit claims, how the alleged referral arrangements worked, why the case references a prior Consumer Financial Protection Bureau investigation, and what this could mean for mortgage competition, agent referrals, and consumer choice going forward. Want to learn more? Visit www.Newsforinvestors.com  Source: https://www.scotsmanguide.com/news/class-action-lawsuit-accuses-rocket-of-illegal-steering-scheme/

Send us a textZillow just got smacked with a RICO and RESPA class action lawsuit—and your favorite originator tag team isn't holding back. Frazier and Michael go full Napoleon Dynamite-mode and break down how this case could rock the entire mortgage and real estate ecosystem.This isn't just about Flex. It's about pay-to-play models, illegal referrals, and what needs to happen for real change. Should RESPA be redefined? Are MSAs dead? What does "value" even mean anymore in co-marketing? And what's the real fix—more regulation, deregulation, or just brutal honesty?This episode pulls no punches. We talk straight. We call out the games. And we challenge anyone in the industry to step into the ring if they've got a different take.Plus:

From fix-and-flip investor to Founder and Owner of the #1 real estate team in California and #3 in the United States, Sam Khorramian has been driven by “pigheaded determination.”Sam talks through primary drivers of his success, including “wow” experiences, a differentiated business model, and a roll-up strategy for business growth. He explains why it made sense to go from independent brokerage to a team brokered by LPT Realty.Learn to acquire complementary businesses outside of the three most common ancillaries and RESPA requirements with no money out of your own pocket - with an example of how those deals are structured. And learn how to make your real estate team a more valuable acquisition target. Watch or listen for Sam Khorramian's insights into:Why pigheaded determination is a leadership superpowerTapping into the unquantifiable power of “wow” experiences (inspired by Ritz Carlton)Pioneering a new business model when launching a new brokerage (with a caution from Mike Ferry)How a 100% commission, $300/month model worked for agents and for the brokerageGrowing 2.5-3x by partnering with LPT RealtyCreative business acquisitions outside of the common ancillaries and RESPA requirementsWays to structure a no-money-down acquisition through seller financing, asset-based loans, and other strategies (with a specific example)Why real estate teams becoming more valuable than brokeragesAt the end, learn about underdogs, expensive passions, and masterminds.Mentioned in this episode:→ Big Block and LPT Realty (webinar) https://youtu.be/-kMlDY4KLuk→ The New Gold Standard (book) https://www.josephmichelli.com/yournewgoldstandard.com/→ Epic Network https://epicnetwork.com/→ Mango Automotive https://www.mangoautomotive.com/Connect with Sam Khorramian:→ https://www.instagram.com/the9thzero/Connect with Real Estate Team OS:→ https://www.realestateteamos.com→ https://linktr.ee/realestateteamos→ https://www.instagram.com/realestateteamos/

In our new European Talk episode, we sat down with Ms. Bojana Bajić, Public Policies Innovations and Digitalization Officer at Regional School of Public Administration (ReSPA) to talk about service delivery and digitalisation and what the key takeaways are for the Western Balkans.

The Listing Bits Podcast is now available on your favorite podcast player! Overview Rob and Greg dig into expectations for the NAR Annual Conference, MLS attendance patterns, and broader industry sentiment heading into 2025. They cover speculation around possible committee decisions, how the settlement fallout is (or isn't) impacting MLS membership and commissions, and the overall vibe leading into the event. The conversation then shifts to affordability, mortgage rates, and the recent proposal of a 50-year mortgage. They close with discussion of a new Zillow/RESPA-related lawsuit, Rocket/Redfin implications, and observations from Zillow Unlock. Key Takeaways Some MLS leaders are skipping NAR due to light agenda relevance, travel issues, and lack of urgency. Despite settlement fears, MLS membership has not dropped significantly, and commissions have not fallen. Rob argues the industry culture—not MLS policy—has propped up commissions. Greg suggests the settlement was overhyped given limited negative fallout so far. Conversation on affordability explores whether lowering interest rates would meaningfully increase transactions. New Alaska Zillow lawsuit may signal potential RESPA exposure tied to loan-capture strategies. Rocket/Redfin may have structural protection due to W-2 agent model. Zillow Unlock was described as polished, high-end, highly attended by top-producing agents. Vendor experience at Unlock: fewer "newbies," easier conversations, strong integration environment. Links "Stand up for  the MLS"  Connect with Rob and Greg Rob's Website  Greg's Website    Watch us on YouTube   Our Sponsors: Cotality  Notorious VIP The Giant Steps Job Board    Production and Editing Services by Sunbound Studios

Mark Monroe—30-year investor and author of Creative Real Estate Investing—joins Dan to unpack the real mechanics of seller financing: when to use wraps vs. lease options, why performance deeds can backfire, and how to keep Subject-To ethical (and legal). Mark shares how he sources true win-win deals (including hospice-driven leads), structures low- or zero-down offers, and automates collections with servicers and VAs. They also dig into predatory tactics used by some investors, Dodd-Frank/S.A.F.E./RESPA realities for owner-occupants, and why compliance and underwriting protect both the borrower and your business.   Connect with Mark: https://mark-monroe.com/ Join Mark's 180K+ member Facebook group: https://www.facebook.com/groups/395240491763831 Want to create your own seller-financed notes? MAKE SURE YOUR NOTES ARE SELLABLE, VALUABLE, AND COMPLIANT: https://calltheunderwriter.com/  Are you Ready to work with Dan to learn how to invest in notes yourself? COMPREHENSIVE NOTE BUYING COURSE: https://www.notelaunchpad.com  

Are you unknowingly setting your real estate deal up for failure?If you're skipping your realtor's recommended vendors because “you've got your own people,” this episode is your wake-up call. In this solo session, Seth dives deep into why choosing the right lenders, title companies, and contractors is more important than most buyers realize—and how the wrong move can blow up your timeline (and your sanity).With the realities of RESPA, the pitfalls of using unvetted professionals, and some straight-up horror stories, Seth is pulling no punches. It's time to make smarter, smoother, and stress-free real estate choices—and that starts with knowing who to trust.Episode Breakdown:00:00 – Why This Choice Matters00:18 – What You Don't Know About Lending01:08 – RESPA: Real Talk01:54 – Agent Recommendations: Scam or Smart?05:02 – The Lender Problem No One Warns You About07:52 – Title Companies: The Silent Deal Killers08:53 – Vetting Contractors Like a Pro10:49 – Seth's Final Take12:17 – Teaser for the Next OneIf you're buying or selling real estate and want less stress and better results—this episode is for you.

A crucial Real Estate analysis for agents! The Government Shutdown is a major headline, but is it the real threat? We cut through the noise on Closing Delays to expose how the Zillow Lawsuit and Zillow selling homes at a loss indicate an industry-wide power grab. This video is your agent strategy guide.This comprehensive update for real estate professionals exposes the two biggest forces shaping the market right now. The first two minutes give you the facts on the us government shutdown explained simply: the immediate transactional risk is minor, centered on Flood Insurance reports and lender delays, which can be overcome with proactive measures. The real warning is revealed next:✅ The Zillow Squeeze & Legal RiskThe most critical threat is the long-term consolidation of power and data. We break down the Zillow Lawsuit (FTC antitrust action over rental data) and how Zillow selling homes at a loss is a business strategy designed to eliminate independent competition. This aggressive approach often leads to compliance issues:✅ RESPA Violations & Agent RiskWe analyze why the Zillow Flex program creates significant RESPA violations and examples of how that pay-to-play system can place participating agents in legal jeopardy by steering clients to affiliated services.✅ Industry Consolidation & The FutureThe discussion pivots to the looming reality of Industry Consolidation, including the Compass/Anywhere merger, and why this signals that the traditional brokerage model is structurally broken. You must know this to protect your income and long-term agent strategy. This is what every successful agent must understand NOW.

Welcome to The Chrisman Commentary, your go-to daily mortgage news podcast, where industry insights meet expert analysis. Hosted by Robbie Chrisman, this podcast delivers the latest updates on mortgage rates, capital markets, and the forces shaping the housing finance landscape. Whether you're a seasoned professional or just looking to stay informed, you'll get clear, concise breakdowns of market trends and economic shifts that impact the mortgage world.In today's episode, we take a look at the latest news emanating from Washington DC as it pertains to the CFPB and FEMA federal agencies. Plus, Robbie sits down with Finance of America's Adam Potafiy for a discussion about his session tomorrow at NAMB National with his colleagues Jonathan and Jessica about reverse mortgages and how they're being reengineered for the next generation of clients. And there is also a bonus interview with attorney Brian Levy about RESPAToday's podcast is brought to you by Floify, an industry-leading point of sale platform. With Floify's new Dynamic AI feature, lenders can modify applications with no coding required and rely on AI to autofill key application fields, allowing borrowers to fill out only a few fields relevant to their needs. The result? Faster completions, fewer drop-offs and smoother approvals. Discover smarter lending at www.floify.com or visit Floify in person at MBA Annual.

After a week of lawsuits and other bad news, industry giant Zillow is now being accused of potentially steering buyers into their Zillow Home Loans program or possibly violating RESPA rules. 

1. Getting Leads from AIAI can help you find and qualify homeowners who may be interested in a second mortgage (home equity loan or HELOC). Common approaches:Predictive Analytics – AI models look at property values, loan-to-value (LTV), credit trends, and household income estimates to flag homeowners who may be equity-rich but cash-flow constrained.Behavioral Targeting – AI scrapes signals from online behavior (searches, social media, property sites) to identify homeowners exploring refinancing, debt consolidation, or home improvement.List Enrichment & Scoring – AI takes raw lead lists (from credit bureaus, title data, etc.) and ranks prospects by likelihood of conversion.Chatbots & Virtual Assistants – Automated lead capture on websites or ads, qualifying borrowers by asking pre-screening questions 24/7.2. Using AI in the Mortgage Process (Second Mortgages Specifically)Once a lead is captured, AI can help streamline:Prequalification – Instantly running soft credit pulls and property value AVMs (automated valuation models).Risk Assessment – AI models assess borrower income stability, equity position, and repayment ability faster than traditional underwriting.Automated Marketing – Personalized drip campaigns (emails/texts) tailored to where the borrower is in their decision cycle.Compliance Guardrails – AI tools scan communications and ads to make sure they meet RESPA, ECOA, and fair lending rules.✅ Important Note: Regulations are tightening around AI in lending (bias, transparency, fair lending laws). Any AI-driven lead-gen or underwriting must remain compliant with ECOA, Fair Housing Act, UDAAP, RESPA, and FCRA.Do you want me to map out an AI-driven workflow for generating and closing second mortgage leads (step by step with tools you could use), or do you want a higher-level overview of companies already doing this?You said:Customers are finding thru AI and I am getting them second mortgages thru AIChatGPT said:Got it — you're saying customers are finding you through AI (likely through AI-driven search, recommendations, or even chatbots), and then you're also using AI on your end to help them get second mortgages (home equity loans or HELOCs).Here's how that usually plays out, and how you can structure it:

n this eye-opening episode, we dive deep into a rarely discussed yet critical issue in commercial real estate: conflicts of interest when investment sales brokers push buyers toward in-house mortgage brokers. What may seem like a convenient “one-stop shop” can, in reality, disadvantage the buyer — sometimes significantly. Using a poker analogy, we paint a vivid picture: what if the seller and broker knew your hand? That's essentially what happens when the sales and financing sides are too cozy — split loyalties, hidden fees, and lost leverage for buyers. This episode is a masterclass in buyer awareness. Paul Peebles doesn't just point out the problems—he offers real-world strategies to protect yourself. His comparison to poker isn't just clever, it's chillingly accurate. In commercial real estate, where millions are at stake, understanding who's really on your team can make or break a deal. Conflicts of Interest Are Real Many investment sales brokers recommend their own firm's mortgage team. This can result in referral fees and biased advice that puts the buyer at a disadvantage. Ask the Hard Questions Transparency is key. Buyers should directly ask brokers: • “Are you getting paid to refer me?” • “Do you have any financial stake in this lender relationship?” Use an Independent Team Securing the best deal often requires working with independent mortgage brokers, attorneys, and advisors who have your interests—not the seller's—at heart. Think Long Term Your relationship with your lender doesn't end at closing. Choose partners who will support you throughout the life of the loan—not just get the deal done. Know the Law (and the Loopholes) While these referral practices are illegal in residential real estate under RESPA, there's no such restriction in commercial deals. That makes buyer vigilance even more important. One standout message: Don't be afraid to stand your ground. Most brokers will respect your decision to bring your own financing team—if they don't, that's a red flag in itself. Are you ready to unlock the potential of Multifamily Syndications? Discover how Michael Becker's proven real estate syndication business can open doors to financial growth and your long-term success. Visit SPIADVISORY.COM today and start your journey toward smarter investing!

Mortgage rates just hit their lowest level in 10 months, but is it enough to spark a rebound in a market Goldman Sachs says will fall another 8%? This week on tWiRE, we're digging into the headlines that are reshaping real estate:

This episode of Title Nerds featured three of Riker Danzig's summer associates and one of our title insurance associates, who expounded on principles of law in cases they had researched and reported on. First up, Co-Host Mike O'Donnell interviewed Noah Wilk of University of Maryland Law School, who discussed Oclar Prop. LLC v. Atl. View Cemetery Assn., Inc., No. A-0834-23, 2023 N.J. Super. Unpub. LEXIS 746 (App. Div. May 6, 2025), which concerned a deal to purchase property for single family residences in which municipal Planning Board approval was required.  The Seller ultimately terminated the contract while awaiting Planning Board approval by the Buyer.  The Buyer alleged breach of contract and breach of the covenant of good faith and fair dealing. The case ultimately was decided by the New Jersey Appellate Division. Next, Co-Host Bethany Abele engaged Meghna Gohil of Wake Forest Law School in a conversation about Keily v. Iler, Mon-C-8-19, 2025 N.J. Super. Unpub. LEXIS 621 (App. Div. Apr. 17, 2025), a recent decision from the New Jersey Superior Court, Monmouth County, Chancery Division.  The case involved a contentious dispute between members of a limited liability company and, among other things, interpretation of the LLC's operating agreement and actions taken by two of the LLC members without the knowledge of the third member. Carla Ko of Seton Hall University School of Law then discussed with Mike the Murray v. Newrez LLC case, 24-cv-6160, 2025 U.S. Dist. LEXIS 75676 (E.D.N.Y. Apr. 21, 2025), heard in federal court in New York.  This case involved the question of damages for servicing of a mortgage under RESPA without actual, quantifiable harm. Finally, Riker Danzig associate Matthews Florez joined the podcast to provide insight on Grabowski-Shaikh v. Conn. Atts. Title Ins. Co., 2025 WL 35522 (Vt. Dist. Ct. Jan. 6, 2025), a case out of federal court in Vermont. As discussed with Mike, the case decided a title insurer's duty to provide coverage to an insured when the insured claimed title to a disputed parcel of property based on adverse possession. Riker Danzig's Title Insurance Group also produces a “Banking, Title Insurance and Real Estate Litigation Blog,” available here.

In this episode of Lykken on Lending, titled “Threading the Needle: Making Compliance Work in Mortgage Lending,” David Lykken is joined by Brian S. Levy—seasoned attorney, Harvard Law grad, and author of the widely-read Mortgage Musings newsletter—for a candid and insightful conversation on navigating the complex legal landscape of mortgage banking. Together, they dive into hot-button topics like RESPA reform, LO Comp challenges, the future of the CFPB, state-level enforcement, and how AI is impacting compliance and legal risk. Brian brings a rare combination of legal expertise, industry perspective, and practical creativity to the table, offering lenders and compliance professionals real-world strategies for staying compliant without killing innovation. If you're in the business of mortgage lending, this is a conversation you won't want to miss.

Buying a home or investing in real estate comes with legal complexities that many buyers overlook. In this episode of Women on Wealth, I sit down with Corinne Abbott, an attorney at Grassette & Associates, to break down key legal aspects of real estate transactions.We discuss common misconceptions, first-time buyer mistakes, and how RESPA has shaped transactions. Corinne also explains title options in Connecticut, staying compliant with real estate laws, and the essential questions to ask a real estate attorney. Plus, we dive into the role attorneys play in preventing legal issues, key considerations for women in real estate, and expert investment advice.Show Highlights:Misconceptions homebuyers have about the real estate purchasing process (4:20)Common mistakes from first-time homebuyers (9:21)How the Real Estate Settlement Procedures Act (RESPA) impacted transactions (13:14)How people can hold title in Connecticut (16:41)How to ensure you're compliant with current real estate laws (18:49)Questions to ask real estate attorneys (20:52)The role a real estate attorney plays in preventing legal issues (23:36)Considerations for women (28:41)Advice for investing in today's real estate market (29:51)Connect with Julina Ogilvie:WebsiteYouTubeLinkedInEmail- jogilvie@principlewealthpartners.comThe information provided is for educational and informational purposes only and does not constitute investment advice and it should not be relied on as such. The statements and opinions expressed in this podcast are those of the author. PWP cannot guarantee the accuracy or completeness of any statements or data. For current PWP information, please visit the Investment Adviser Public Disclosure website at www.adviserinfo.sec.gov by searching with PWP's CRD #290180

In this episode of Industry Relations, Rob and Greg break down three major real estate bombshells—the rumored Compass acquisition of Berkshire Hathaway HomeServices (BHHS), the Redfin-Rocket merger, and the potential shake-up of NAR's Clear Cooperation Policy (CCP). They discuss whether Compass is actually in talks with BHHS or if this is just Wall Street speculation, how Redfin and Rocket could disrupt the brokerage model, and why NAR might be making CCP optional to dodge legal liability.  Key Takeaways • Compass x BHHS Rumors: Wall Street Journal reported that Compass was acquiring BHHS—but BHHS CEO Gino Blefari strongly denied it. So what's the truth? • The Redfin-Rocket Power Move: Why Rocket's mortgage empire could turn Redfin into Zillow's biggest competitor—and how Respa exemptions give them an edge. • NAR's CCP Shake-Up: Is NAR making CCP optional just to shift legal liability onto MLSs? Rob and Greg debate whether this is NAR's “race to irrelevance.” • Does Warren Buffett Want Out of Real Estate?: If BHHS is actually up for sale, what does that say about the future of traditional brokerages? • How the MLS Landscape Could Change: If MLSs get to decide CCP for themselves, will we see regional MLS battles over compliance and cooperation?   Be the first to see the new app, Tuesday! Register here   Watch Us on YouTube    Connect with Rob and Greg:  Rob's Website Greg's Website   Our Sponsors: CoreLogic Notorious VIP The Giant Steps Job Board   Production and Editing Services by Sunbound Studios

The podcast episode is a deep dive into creative financing for land deals, focusing on strategies like land contracts, due diligence, and automation in the land investing business. Here's a summary of the key points: Selling Land with Creative Financing The guest discusses selling land using a land contract rather than a lease option or contract for deed. A land contract ties the property to a promissory note and purchase-sale agreement, where the buyer makes payments until they fully own the land. If the buyer defaults, there's no need for foreclosure—after a 35-day cure period, the seller keeps the down payment and past payments and resells the property. Why land contracts? They avoid the legal complexities and costs of foreclosure, which are required for contract-for-deed arrangements. Managing Seller-Financed Land Deals The guest automates payments through GeekPay.io, a software that manages payments, notifications, and prepayments. The goal is to build a scalable business, not a high-maintenance job. 90% of the process can be automated using systems, processes, and virtual assistants. Land Due Diligence & Market Selection Due diligence for land is simpler than for houses. Key factors include: Checking if utilities are available. Verifying land use permissions (e.g., whether someone can build on it). Avoiding Superfund sites (polluted land with expensive cleanup costs) using EPA.gov. Targeting rural land within 1-3 hours of a city where demand exists. Why Seller Financing Works for Land Traditional banks won't finance land, so seller financing fills the gap. Hard money lenders also avoid land deals because they don't want to hold the asset. Buyers often care more about monthly affordability than the total price, making payments an attractive selling point. Land Investing vs. Traditional Real Estate Compared to fix-and-flip or rental properties, land investing avoids: Tenants, repairs, and maintenance issues. Regulations like Dodd-Frank and RESPA that apply to housing. The business model is: Buy land at 25-30% of market value. Sell it at market price with seller financing. Create passive income from monthly payments. Coaching & Resources The guest started teaching land investing after helping a student make $300K on a deal. His mission is to help people escape solo economic dependency (trading time for money). He offers free resources, a done-with-you program, and a done-for-you program for different experience levels. His book "Dirt Rich" is available for free (just pay shipping). Final Takeaway Land investing through seller financing provides a scalable, low-maintenance way to generate passive income without the typical headaches of real estate investing. https://landgeek.samcart.com/products/dirt-rich?utm_source=glen-sutherland&utm_medium=podcast

Ben Bell, a third-generation title industry leader, shares how technology, automation, and strategic growth are reshaping the business. From his family's legacy in title to owning multiple agencies, he discusses tech adoption challenges, eClosings, and why modernization is key to staying competitive. Tune in to discover how automation can streamline operations and drive long-term success. What you'll learn from this episode Key advancements in title technology, from manual HUDs to AI-driven solutions Biggest barriers to tech adoption in title and how to overcome them How automation improves efficiency, reduces costs, and enhances customer experience The role of offshore talent in optimizing title operations and profitability What title agencies need to know about RESPA compliance in Florida Resources mentioned in this episode Qualia A Land Remembered by Patrick D. Smith | Paperback, Hardcover, and Kindle     About Ben BellBenjamin Bell has been a licensed title agent since 2010 and is the third generation title in the Bell Family. His grandfather William Bell was the founder of Bell Title Co, a still very large and successful title company today in Michigan. His father founded Landtech Data Corporation, a title insurance closing software, which is still used by 1000s of title companies nationwide today. Benjamin attended the University of Mississippi and Florida Atlantic University before jumping into the title business in 2010. His years of family title experience and personal title experience make him a major asset in managing the entire closing from A-Z for our team.     Connect with Ben Website: Bell Land Title LinkedIn: Benjamin Bell     Connect With UsLove what you're hearing? Don't miss an episode! Follow us on our social media channels and stay connected. Explore more on our website: www.alltechnational.com/podcast Stay updated with our newsletter: www.mochoumil.com Follow Mo on LinkedIn: Mo Choumil

RESPA compliance, huh! What is it good for? Absolutely.... In this episode of The MLO Project, Frazier, and Michael break down a hot LinkedIn article from Greg Sher on RESPA reform and why pushing for change might be riskier than you think.Frazier's been in the trenches as a former mortgage company co-owner and compliance consultant, and he knows how this game is played. Michael and Frazier unpack what RESPA really means for your business, the landmines smaller lenders face, and how to market without stepping into a legal mess.If you're in the mortgage world, you need to understand this stuff. Stay smart, stay compliant, and keep winning. Let's get into it.00:00 Welcome and Introductions00:27 Discussing the LinkedIn Article01:39 The Impact of RESPA Reform04:30 Examples of RESPA Compliance Issues17:42 The Role of CMOs in RESPA Compliance26:05 Final Thoughts and ConclusionRead Greg's Linkedin ArticleConnect with Greg on LinkedInConnect with us at mloproject@empowerlo.comGo to OriginatorGrowth.com to become part of the community. 

On today's episode, Editor in Chief Sarah Wheeler talks with Jason Mitchell, founder of the Jason Mitchell Group about his experience being sued by the CFPB and the larger implications of the case. Related to this episode: CFPB sues Rocket, The Jason Mitchell Group over RESPA violations | HousingWire HousingWire | YouTube More info about HousingWire   Enjoy the episode! The HousingWire Daily podcast brings the full picture of the most compelling stories in the housing market reported across HousingWire. Each morning, listen to editor in chief Sarah Wheeler talk to leading industry voices and get a deeper look behind the scenes of the top mortgage and real estate stories. Hosted and produced by the HousingWire Content Studio. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Legal Department gives a refresher on RESPA just in time for the holiday season.

In this episode of The Mentor Podcast, Ron welcomes Mark Podolsky, affectionately known as "The Land Geek." Mark has been buying and selling raw land since 2000 and left his corporate job by 2001 to pursue land investing full-time. With over 6,500 land deals under his belt, Mark has built a proven system for creating passive income streams through land flipping and owner financing. His expertise lies in making land investing simple, scalable, and achievable—even for those new to real estate. What You'll Learn About in This Episode: The step-by-step process for flipping raw land and creating passive income. How to buy land at wholesale prices and sell it with owner financing for maximum profit. Why land investing is easier and less competitive than house flipping or wholesaling. The secret to finding the best deals using platforms like LandMoto and DataTree. Why you don't need tenants, renovations, or rehabs to build wealth with land. How to generate passive income that covers fixed expenses, giving you true financial freedom. The importance of targeting the right counties and leveraging software to streamline processes. How Mark's method avoids the hassles of real estate regulations like Dodd-Frank and RESPA. Tax strategies for land investing, including the use of self-directed IRAs. Mark's philosophy on wealth: creating income streams that work even when you don't. Resources: Get Mark's Book, Dirt Rich: https://thementorpodcast.com/DirtRich Get Ron's Free Book and Audio Here Sign up for a Free Mentor Panning Session: https://www.RonLeGrand.com/Plan Free Training: www.TheMentorPodcast.com/Terms Get Ron's $599 Wholesaling course for FREE when you join his Gold Club for ONLY $99 a month! – www.TheMentorPodcast.com/GC173

Dive into the complexities of RESPA compliance with Marx Sterbcow as he unpacks the regulatory challenges shaping the title and real estate industry. From affiliated business arrangements to the ongoing evolution of compliance, this episode offers everything you need to succeed in today's intricate regulatory landscape. What you'll learn from this episode The critical role of transparency and accuracy in affiliated business disclosure forms How industry consolidation is reshaping the title and real estate markets Why engaging with regulators builds trust and fosters compliance Emerging trends in technology and AI enforcement in regulatory actions Strategies to mitigate risks associated with marketing arrangements and social media oversights Resources mentioned in this episode Respro® October Research United States Department of Housing and Urban Development Consumer Financial Protection Bureau Office of the Comptroller of the Currency (OCC) Freddie Mac Fannie Mae Townstone Financial National Association of REALTORS® Compass Berkshire Hathaway Keller Williams RE/MAX CoStar Apartments.com LoopNet The Firm by John Grisham | Paperback, Hardcover, and Kindle No Good Deed Goes Unpunished by E. James Harrison | Paperback and Kindle About Marx Sterbcow Marx is the Managing Attorney in the New Orleans-based law firm, Sterbcow Law Group LLC. Sterbcow's practice focuses on RESPA, TILA & Regulation Z, UDAAP, Fair Lending Act, federal and state mortgage lending and consumer credit compliance issues, real estate brokerage programs, affiliated business arrangements, marketing and promotional program guidance, licensing, and lead generation compliance matters. He also represents clients in connection with mortgage fraud, RESPA, and other administrative enforcement actions.   Marx graduated from Tulane University in New Orleans, Louisiana, with a bachelor's degree in history and political science, Gonzaga University School of Law in Spokane, Washington, with a J.D., and the John Marshall School of Law's Center for Real Estate Law in Chicago, Illinois, with an LLM.   Marx represented the National Association of Mortgage Brokers in its efforts to challenge the Federal Reserve Board on its Regulation Z loan officer compensation rule. He serves on the Regulatory & Policy Committee for the Real Estate Services Providers Council (RESPRO) and is active in the Mortgage Bankers Association, American Land Title Association, Louisiana Land Title Association (Vice President 2014-15), New Orleans Metropolitan Association of Title Attorneys (Vice President) and the National Association of Mortgage Brokers. He is a frequent speaker at industry conferences. Connect with Marx Website: Sterbcow Law Group LinkedIn: Marx Sterbcow     Connect With Us Love what you're hearing? Don't miss an episode! Follow us on our social media channels and stay connected.   Explore more on our website: www.alltechnational.com/podcast Stay updated with our newsletter: www.mochoumil.com Follow Mo on LinkedIn: Mo Choumil

The Mortgage Bankers Association (MBA) is advocating for reforms to modernize Section 8 of RESPA, addressing outdated compliance issues in areas like marketing agreements and digital lead generation to improve efficiency and benefit consumers and lenders in today's mortgage market.-------------------------------------------------------------Adam DeSanctis, Director of Public Affairs at Mortgage Bankers AssociationAs a strategic public affairs and communications executive with nearly two decades of experience, Adam has deep expertise in strategy, management, and media relations. He is widely considered to be an expert in a variety of communications, including advocacy, brand, executive, crisis, grassroots, and social media. In his career, he has been the MBA spokesperson on a wide variety of real estate research and advocacy-related issues, promoted MBA research and advocacy efforts to financial, political, and trade industry media and on MBA's social media channels, and secured media opportunities for MBA leadership on key real estate trends and issues, generated media coverage for MBA's research and data on mortgage applications, credit availability, homebuilder applications, mortgage forbearance/delinquencies, commercial real estate originations, and forecasts, and other industry analysis, developed key strategic initiatives for MBA's organizational public affairs plan, media relations and member communications support for mPower, MBA's Opens Doors Foundation and MBA's Diversity, Equity, and Inclusion programs.

On today's episode, Editor in Chief Sarah Wheeler talks with Reporter Brooklee Han about four title companies settling kickback charges, more problems with real estate forms, and the companies looking to replace agents with AI. Related to this episode: Four title firms settle kickback charges in D.C. But they're not RESPA violations | HousingWire Are AI real estate agents the future for homebuyers? These firms think so | HousingWire HousingWire | YouTube Enjoy the episode! The HousingWire Daily podcast examines the most compelling articles reported across HW Media. Each morning, we provide our listeners with a deeper look into the stories coming across our newsrooms that are helping Move Markets Forward. Hosted and produced by the HW Media team. Learn more about your ad choices. Visit megaphone.fm/adchoices

Episode 102 - Real Estate Exam Questions: Real Estate Finance, Lending & Math, Part 1 Going through state exam questions to help real estate students pass their state exam.   02:05 – B's Message: Making mistakes is better than faking perfection. 06:30 – List of recent grads: Andrea, Joyce, Lynn, Adrienne, Abigail, Jessica, Angela, Sara, Marquita, Kimmy, Bruno, Eric, Jennifer, Rina, Daisy, Sabrina, Shauna, Marie, Anne, Renae, Staci, Samantha, Joey, Steven, Barbara, Tina, Elizabeth, Karen, Ashley, Lewis, Veronica, Adam, Delaney, Dianna, Claudia, Bryant, Perry, Melissa, Sheila, Tina, Frank, Lane, Daniel, and Jade. 08:30 – Listener Message from Andrea 12:20 – Episode Focus: Finance and lending in real estate, part one. Part two will come out in June. 14:00 – PITI payment; Principal, Interest, Taxes, and Insurance. 18:15 – DTI; Debt to Income ratio. 21:35 – Promissory note; IOU; contract between the borrower and the lender. 24:10 – Mortgage – verb and noun (lien); hypothecation; mortgagor and mortgagee; lien theory versus title (trust) theory. 31:55 – Interest payments; Formula: Loan amount x Periodic Interest Rate = Periodic Interest Payment; interest rate is almost always expressed as an annual rate. 37:40 – Discount point; increases yield to lender; reduces interest rate paid by borrower; value of a discount point; Formula: Loan Amount x Discount Point (as a percent) = Cost of Discount Point. 46:55 – Mortgage clauses: acceleration clause, defeasance clause (satisfaction of mortgage), and alienation clause. 52:15 – Foreclosure: judicial versus non-judicial; deed in lieu of foreclosure; short sale; redemption (equitable right versus statutory right); deficiency judgement. 1:00:25 – Exam questions 1:34:20 – June episode is part 2; LTV (loan to value), loan types, and governmental regulations (RESPA and TILA).   Go to www.ahareep.com and sign up for the program for only $35, use discount code: legendary15 to save 15% off.   Go to www.indianarealestateinstitute.com for Indiana real estate classes.   A-Ha LINKS   Email info@ahareep.com   Web www.ahareep.com   Facebook https://www.facebook.com/AHA.REEP   YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

Episode 099 - Real Estate Exam Questions: Leasing Going through state exam questions to help real estate students pass their state exam.   01:35 – February: I feel your pain. A lot of new and intense information. Law school is just as much “fun”. 05:07 – List of recent grads: Andrew, Grace, Jacob, Tylea, Kayla, Erica, Denzel, Kyle, Anu, Sharika, Brandy, Jesika, Matias, Omayra, Kemberly, Denise, Wallace, Ingrid, Ryan, Jonathan, Kendall, Orchid, Len, Gail, Ashley, Joseph, Monica, Kay, Latoya, Cierra, Britney, Kiana, Stephanie, Asia, Thomas, Shelley, Krystyn, Madeleine, Kynia, Andrew, Kellie, and Sam. 06:55 – Messages from Jonathan and Ryan. 09:45 – Episode Focus: leasing; pay attention to the legal pieces and “forget” what you know about the real world of rental situations. 12:20 – Parties to the lease: lessor (landlord) and lessee (tenant). Bundle of legal rights and what rights do each party have? Leased fee vs. Leasehold. Reversionary rights. Statute of frauds – lease for less than 12 months. 20:00 – Types of leasehold estates: Estate for years, Estate from period to period (Periodic tenancy), and estate at will. Estate at sufferance, holdover tenant at sufferance. 34:10 – Leasing consideration: possession of premises (quiet enjoyment); use of premises; security deposit (possession vs. ownership); Assignment versus Sublease; Nondisturbance clause. 44:00 – Types of leases: gross, net, and percentage leases; variable leases (graduated lease and index lease); ground lease. 51:10 – Breach in a lease: if tenant breaches, landlord remedy is to evict tenant; if landlord breaches, tenant remedy is constructive eviction. 52:25 – Leasing of real estate law exam questions. 1:04:10 – Calculation rental price per square foot: $18/square foot for 2,400 square feet of space: $18 x 2,400 =- $43,200 / 12 = $3,600. 1:07:50 – March's episode will be about Closing a real estate transaction (also known as close of escrow). I will get into the mechanics of a closing, the federal oversight including RESPA, TRID, and Truth in lending, and finish with an in-depth explanation of proration including debits, credits, accrued and prepaid items, and the math behind the glory of proration.   Go to www.ahareep.com and sign up for the program for only $35, use discount code: legendary15 to save 15% off.   Go to www.indianarealestateinstitute.com for Indiana real estate classes.   A-Ha LINKS   Email info@ahareep.com   Web www.ahareep.com   Facebook https://www.facebook.com/AHA.REEP   YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

Do you take the time to change what Chat GPT gives you? If not, then you're making a huge mistake. Chat GPT is a great writing tool, but you must see it as an assistant. There's a chance it will produce listing descriptions violating the Fair Housing Act.  In this Real Estate AI Flash episode, hosts Rajeev Sajja and Jimmy Burgess delve into the crucial topic of responsible AI in real estate listing descriptions. With a focus on ensuring compliance with regulations and ethical considerations, the hosts provide valuable insights and practical strategies for real estate professionals to responsibly elevate their AI-powered marketing efforts. Understanding the Importance of Compliance The hosts emphasize the significance of real estate professionals ensuring that their AI-generated content adheres to legal and ethical standards. Highlighting the example of the Fair Housing Act, they underscore the necessity of avoiding language that violates anti-discrimination regulations. The Role of Real Estate Professionals Rajeev and Jimmy stress that while AI technology can assist in generating listing descriptions, it is ultimately the responsibility of real estate agents to review and refine the content to ensure compliance. Drawing parallels to providing guardrails for AI, they emphasize the need for agents to guide and validate AI-generated output to align with professional standards. Framing AI Prompts for Compliance The hosts discuss the importance of framing AI prompts effectively to guide the output towards compliance with regulations. By providing specific examples, they outline how real estate agents can structure prompts to emphasize adherence to laws such as the Fair Housing Act and RESPA. Strengthening Client-Centric Service Rajeev and Jimmy highlight that responsible AI usage ultimately enhances the ability of real estate professionals to serve their clients at the highest level. Emphasizing the need for agents to personalize and validate AI-generated content, they stress the importance of maintaining the professional and ethical integrity of the real estate industry. Rajeev Sajja and Jimmy Burgess underscore the critical importance of responsible AI usage in real estate listing descriptions by offering practical guidance and thought-provoking insights.  Tune in to this enlightening episode to gain a deeper understanding of responsible AI usage and learn actionable strategies for ensuring that your real estate marketing efforts align with legal and ethical guidelines. "When you ask it to write a listing description, it may not understand the Fair Housing Act. And you, as a real estate agent, have spent about 160 hours getting your license. And part of that education was to ensure you don't use words violating the Fair Housing Act." - Rajeev Sajja. Resources http://www.realestateaiflash.com  Jimmy Burgess YouTube Channel Jimmy Burgess on Instagram  Jimmy Burgess on LinkedIn Rajeev Sajja on LinkedIn  Rajeev Sajja on Instagram Rajeev Sajja on Facebook

Today's podcast is brought to you by nCino, makers of the nCino Mortgage Suite for the modern mortgage lender. nCino Mortgage Suite's three core products -- nCino Mortgage, nCino Incentive Compensation, and nCino Mortgage Analytics -- unite the people, systems, and stages of the mortgage process. See how nCino can support a homeownership journey that your borrowers and your team will love at nCino.com.

Thanks to today's podcast sponsor, Visio Lending. Visio is the nation's premier lender for buy and hold investors with over 2.5 billion closed loans for single-family rental properties, including vacation rentals. Visio is fast, simple, and dependable when it comes to financing rental properties. They believe time is money, and strive to be upfront and consistent about their qualifications. Using a simple DSCR rather than a complicated NOI calculation, there are no tax returns or personal financial statements, and their pricing is set, so you always know your rate. Learn more, including about Visio's top-notch broker program, at https://www.visiolending.com/. 

Episode 095.5 – Real Estate Exam Cram Going through state exam questions to help real estate students pass their state exam.  01:00 – Another surprise episode!! Exam cram. 01:30 – More than 250,000 downloads overall, 27,000 downloads per month. Top 5% of all podcasts. 02:40 – Update on my law school mid-terms. Walking the walk 05:20 – List of recent grads: John, Taylor, Sherry, Trudy, Jennifer, Bai, Khan, Madi, Jenn, Megan, Mags, Michelle, Steven, Chris, John, Shauna, Cindy, Dena, Deb, Baxter, Frank, Kim, John, Katlynn, Leo, Eleyna, Melissa, Kevin, John, Felicia, Stephanie, Gerald, Sarah, Linden, Angela, Kendall, Kayla, Maggie, Christina, and Maverick. 07:50 – Messages from Sherry (Mississippi), Jennifer (Alabama), and Taylor. 11:25 – Feedback response: make an episode about cramming for the exam. Look for our videos about topics at www.ahareep.com. 14:45 – Real estate exam topics: Property rights, DEEP C, fee simple absolute and defeasible, life estate, real property and personal property, legal tests of a fixture, encumbrance, lien, special assessment, easements, public and private land use control, ownership types (severalty, tenant in common, joint tenancy with right of survivorship, and tenancy by the entirety), transfers of title, deed types (general warranty, special warranty, and quit claim), actual and constructive notice, relationship of broker and agent, calculate real estate commissions, anti-trust (price fixing, group boycott, and allocation of customers or markets), listing agreement types (exclusive right to sell, exclusive agency, and open listing), net to seller, express and implied contracts, bilateral and unilateral contracts, valid, void, and voidable, statute of limitations, enforceable, agency, client and customer, fiduciary responsibilities, compensation, legal descriptions, lease types (estate for years, periodic tenancy, estate at will, and holdover tenancy (estate at sufferance)), gross, net, percentage and variable leases, proration, RESPA, kickbacks and referrals, Fair Housing, protected classes, ECOA, blockbusting, steering, advertising and redlining, mortgage types (conventional, FHA, VA, blanket, package and wraparound loans, balloon, and reverse), mortgage factor chart, Truth in Lending, 3 day right of recission, value (DUST and STUD), sales comparison, cost approach and income approach appraisal, environmental (brownfields, CERCLA and SARA, and environmental inspections.) 1:13:15 – Look for videos and past episodes for more information. Make an outline and create a study guide. 1:14:45 – November's episode will be about listings and listing contracts. Go to www.indianarealestateinstitute.com for real estate classes. Go to www.ahareep.com and sign up for the program for only $35, use discount code: legend15 or legendary15 to save 15% off.  A-Ha LINKS  Email info@ahareep.com  Web www.ahareep.com  Facebook https://www.facebook.com/AHA.REEP YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

In this episode, James talks with Cyrus Jaffery, Founder of Quotamation. To learn more about Quotamation, visit https://quotamation.com/. Visit our website to join our email list, get the scoop on our LIVE coaching calls and never miss an episode: https://www.agencyfreedom.com Connect with Agency Freedom Podcast on Facebook at the Agency Freedom Podcast group: https://www.facebook.com/groups/agencyfreedom Email us at podcast@agencyfreedom.com with ideas, questions, complaints or your favorite grilling recipe. Episode Highlights: Cyrus shares his experiences growing up as a refugee from Afghanistan and finding his place in America. (3:03) Cyrus mentions that to succeed in the independent world, people must learn to sell value because this will lead to success in the independent channel. (12:32) Cyrus discusses his decision to leave State Farm and build a legacy as an independent agent. (21:25) Cyrus discusses the four verticals of Quotamation which include Jafri Insurance, CJ Insurance Group, Real Estate Joint Ventures, and Coordination Technology. (25:09) Cyrus emphasizes the importance of having a RESPA attorney, avoiding one-sided agents, and promoting a formal relationship between insurance agents and clients. (36:55) Cyrus shares how he and his wife made a promise not to work weekends, and how they made time for important matters, including a golf tournament for charity. (43:16) Key Quotes: “To all my captive friends, independent friends, if you haven't done the captive world, then do the captive world. If you want to stick in the personal lines, or even commercial, man, like, it's so, so awesome to learn how to sell value, man. If you know how to sell value, then you come on this side on the independent channel, you're going to take off.” - Cyrus Jaffery “The four buckets that I was telling you about, that third bucket, which is the business piece of it, I'm super competitive, all that stuff is good, but I just didn't wake up excited about it. And I don't know what it was man, it was just God's way of telling me, "Hey, man, I think you need a change and it's going to be the best thing that's ever happened to you.” - Cyrus Jaffery “Every real estate broker, every mortgage company, every financial advisor, accounting firm, they are having talks, or they have already started an insurance thing. So, why not have the independent agents go to them and do a joint venture with them potentially, because we know we can give the right education to the clients instead of these tech companies.” - Cyrus Jaffery

In this episode, James talks with Cyrus Jaffery, Founder of Quotamation. To learn more about Quotamation, visit https://quotamation.com/. Visit our website to join our email list, get the scoop on our LIVE coaching calls and never miss an episode: https://www.agencyfreedom.com Connect with Agency Freedom Podcast on Facebook at the Agency Freedom Podcast group: https://www.facebook.com/groups/agencyfreedom Email us at podcast@agencyfreedom.com with ideas, questions, complaints or your favorite grilling recipe. Episode Highlights: Cyrus shares his experiences growing up as a refugee from Afghanistan and finding his place in America. (3:03) Cyrus mentions that to succeed in the independent world, people must learn to sell value because this will lead to success in the independent channel. (12:32) Cyrus discusses his decision to leave State Farm and build a legacy as an independent agent. (21:25) Cyrus discusses the four verticals of Quotamation which include Jafri Insurance, CJ Insurance Group, Real Estate Joint Ventures, and Coordination Technology. (25:09) Cyrus emphasizes the importance of having a RESPA attorney, avoiding one-sided agents, and promoting a formal relationship between insurance agents and clients. (36:55) Cyrus shares how he and his wife made a promise not to work weekends, and how they made time for important matters, including a golf tournament for charity. (43:16) Key Quotes: “To all my captive friends, independent friends, if you haven't done the captive world, then do the captive world. If you want to stick in the personal lines, or even commercial, man, like, it's so, so awesome to learn how to sell value, man. If you know how to sell value, then you come on this side on the independent channel, you're going to take off.” - Cyrus Jaffery “The four buckets that I was telling you about, that third bucket, which is the business piece of it, I'm super competitive, all that stuff is good, but I just didn't wake up excited about it. And I don't know what it was man, it was just God's way of telling me, "Hey, man, I think you need a change and it's going to be the best thing that's ever happened to you.” - Cyrus Jaffery “Every real estate broker, every mortgage company, every financial advisor, accounting firm, they are having talks, or they have already started an insurance thing. So, why not have the independent agents go to them and do a joint venture with them potentially, because we know we can give the right education to the clients instead of these tech companies.” - Cyrus Jaffery

The Consumer Financial Protection Bureau (CFPB), an agency of the United States government responsible for safeguarding consumers in the financial sector, has recently turned its focus towards scrutinizing potential violations of the Real Estate Settlement Procedures Act (RESPA). The bureau has issued a series of consent orders against several mortgage and real estate companies for practices linked to event tickets and Marketing Services Agreements (MSAs), which have raised concerns of unfair practices and potential conflicts of interest. Mortgage and real estate companies should take this opportunity to review and update their compliance protocols to avoid falling foul of the law. As the regulatory landscape continues to evolve, adherence to RESPA's provisions will be critical in fostering a fair and transparent real estate market that serves the best interests of consumers. Today, we have Mitch Kider of Weiner, Brodsky Kider PC on what the mortgage industry should be aware of.

On today's podcast, HW Media editor Chris Clow sits down with managing editor James Kleimann to talk about a recent enforcement action by the CFPB against a mortgage lender and how the average independent mortgage bank faired in Q2 compared to Q1.Related to this episode:CFPB fines Freedom Mortgage and Realty Connect nearly $2 million for illegal kickbacksThe average IMB lost $534 per loan in Q2, a big improvement from Q1HousingWire's YouTube ChannelEnjoy the episode!HousingWire Annual is where the community from across the housing ecosystem comes together to share strategies, drive business, discover new technologies, discuss best practices, and meet industry leaders. Our agenda is power packed with content to propel your company to the next level and connect you with the industry playmakers. Click here to learn more!The HousingWire Daily podcast examines the most compelling articles reported across HW Media. Each morning, we provide our listeners with a deeper look into the stories coming across our newsrooms that are helping Move Markets Forward. Hosted and produced by the HW Media team.

In this episode of the Key Factors podcast, we discuss the recent CFPB fine against Freedom Mortgage for violating RESPA with kickbacks and pay for referrals.The CFPB found that Freedom Mortgage provided things of value, including subscription services, events, and monthly marketing service agreement payments, to real estate agents and brokers in exchange for referrals of mortgage loans.This is a serious violation of RESPA, which prohibits kickbacks and other forms of compensation in connection with mortgage lending.The CFPB fined Freedom Mortgage $1.75 million and ordered the company to stop its unlawful practices.The CFPB also fined a real estate brokerage firm, Realty Connect, $200,000 for accepting things of value from Freedom Mortgage in exchange for referrals.This case is a reminder that the CFPB is serious about enforcing RESPA and protecting consumers from illegal kickbacks.It is also a reminder to mortgage lenders and real estate professionals that they must comply with RESPA and avoid engaging in any prohibited practices.The penalties in this case are significant, and they should serve as a warning to anyone who is thinking about violating RESPA.If you are a mortgage lender or real estate professional, you should familiarize yourself with RESPA and its requirements.You should also seek legal advice if you have any questions about compliance with RESPA.The CFPB is committed to protecting consumers from illegal kickbacks and other forms of compensation in connection with mortgage lending.If you believe that you have been the victim of a kickback violation, you should file a complaint with the CFPB.You can file a complaint online at the CFPB website or by calling 1-855-411-CFPB (2372).The CFPB will investigate your complaint and take appropriate action if it finds that a violation has occurred.By working together, we can help to ensure that the mortgage lending market is fair and transparent for all consumers.**In addition to the above, here are some other things to keep in mind about kickbacks and pay for referrals:Kickbacks are any payments or other things of value that are given in exchange for referrals of mortgage loans.Pay for referrals is a type of kickback that involves paying a real estate agent or broker a fee for each mortgage loan that they refer to a mortgage lender.Kickbacks and pay for referrals are illegal under RESPA.The CFPB can impose civil penalties on companies that violate RESPA.Consumers who are the victims of kickback violations can file a complaint with the CFPB.Guest: Dylan ShivelyJames Warren Group John Hudson Mortgage Financial Services Host : Mark Jones Co-Founder ReviewMyMortgagePresident of iThink Mortgage NMLS# 513437

Be careful when you acquire your short-term rental properties and make sure you know the prevailing laws and rules in the area you're investing in. Many cities and municipalities are changing their perspective on short-term rentals and putting restrictions in place that may affect your bottom line. It helps to work with these cities, their decision-makers, and elected officials to educate them on the benefits of short-term rentals. The better your relationship is with your community and neighbors, the better your chances for success. Recently at the annual RPOA conference we hosted a panel to discuss these matters. Ryan Servatius has been in real estate for over 20 years, and sits on the NAR national committee for Resort & Second Home Property Specialists, as well as the State & Local Issues Policy Committee.  Ryan owns and operates Big Blue Rentals, managing vacation rental properties in Southwest Michigan, based in South Haven. Brian Westrin serves as Michigan Realtors® General Counsel.  His role encompasses a concentration in fair housing law and education, RESPA compliance and education, policing unlicensed real estate practice, mortgage fraud, and publications. Brian is also an active lobbyist at the capitol in Lansing. Brian also facilitates meetings of the Realtors® Legal Action Committee and handles all requests made for legal action fund assistance. Today's episode is brought to you by Green Property Management, managing everything from single family homes to apartment complexes in the West Michigan area. https://www.livegreenlocal.com And RCB & Associates, helping Michigan-based real estate investors and small business owners navigate the complex world of health insurance and Medicare benefits. https://www.rcbassociatesllc.com

In this episode of Commitment Matters, Mary speaks with attorney David Friend, who has two decades of experience including TILA and RESPA regulation at the CFPB and HUD. You can contact David via email. During their conversation, David or Mary mentioned: Listen to Part One of Mary's conversation with David here.The CFPB website has links and resources to recent rules and regulation.David explains the breakdown of title insurance calculations. View examples of these and the TRID Title Insurance Disclosures here. Here is the CFPB's explanation of APR tolerances as part of Regulation Z. Mary and David bring up this property rights case out of Minnesota, which is now being reviewed by the Supreme Court.Listen to our previous episode of Commitment Matters with Rich Horn, another attorney who discusses the CFPB v. Townstone Financial, Inc. case. Mary and David refer to this recent court case involving fisheries that questions Chevron deference.You can now reach the Commitment Matters Podcast via phone! Got a topic or guest idea you want featured? Leave us a voice message at 214.377.1807 or email us at podcasts@ramquest.com. Don't forget to subscribe, rate, and review this podcast on Apple Podcast, Spotify, or wherever you listen to podcasts, or visit RamQuest.com/podcast to download the latest episode. Lastly, we love to see when and how you're listening. Share our posts, or create your own and tag them: #CommitmentMattersPodcast

In this episode of Commitment Matters, Mary speaks with Attorney David Friend, who has two decades of experience including TILA and RESPA regulation at the CFPB and HUD. You can contact David via email. During their conversation, David or Mary mentioned: The CFPB website has links and resources covering the Payday Lending Rule, including FAQs, ruling summaries and other references.Read about the fifth circuit's decision on finding the CFPB's funding unconstitutional, as opposed to the second circuit's decision. David defines this as a circuit split. Here's a breakdown of Regulation Z and Regulation X as well as TILA (Truth in Lending Act) and RESPA (Real Estate Settlement Procedures Act), which David is very familiar with in his experience.The Administrative Procedure Act ensures that there's opportunity for public comment on government processing and rulemaking.The 3/7/3 Rule.The ATR/QM Rule.The Dodd-Frank Act is mentioned multiple times throughout this conversation. The Commodity Futures Trading Commission website hosts many related resources including official rules, frequently-asked questions, guides, forums and much more, all of which are related to the Dodd-Frank Act.You can now reach the Commitment Matters Podcast via phone! Got a topic or guest idea you want featured? Leave us a voice message at 214.377.1807 or email us at podcasts@ramquest.com. Don't forget to subscribe, rate, and review this podcast on Apple Podcast, Spotify, or wherever you listen to podcasts, or visit RamQuest.com/podcast to download the latest episode. Lastly, we love to see when and how you're listening. Share our posts, or create your own and tag them: #CommitmentMattersPodcast

Episode 088 - Real Estate Exam Questions 42 Going through state exam questions to help real estate students pass their state exam.   01:26 – Our website messaging is not clear. Free stuff versus paid stuff. 03:57 – Are test questions different than real estate class questions? Yes. Instructors are not teaching an exam. 7:18 – Do you need to have prior relationships to be a successful real estate agent? No. 10:10 – List of recent grads: Valerie, Terrell, Shayla, Christina, Justin, Ann, Scott, Stephanie, Erin, Quelin, Kathy, Christopher, Eric, Jennifer, Jean, Krist, Diana, Moira, Michaela, Hayden, Sally, Belinda, Alexis, Gavin, Cole, Lori, Leslie, Roxy, Randy, Julie, Abbey, Leticia, Jessica, Taylor, and Shayla. 11:28 – Messages from Terrell & Shayla about what they did to pass the exam. 14:30 – Difference in terms: broker, principal broker, managing, broker, licensee, and associate agent. Listing agent versus selling agent. 19:43 – Difference between accretion and reliction. Accretion is more land is deposited. Reliction is water is less, so it exposes more land. 22:24 – Is it misrepresentation if a photo is digitally altered? Maybe. 24:18 – Listing agent knows of defects such as asbestos on the property. What should they do? Disclose to all potential buyers. 27:36 – What does the lead-based paint addendum require? Does not require removal of lead paint. 30:25 – What Federal act ensures a borrower is knowledgeable of all closing costs? RESPA, Real Estate Settlement Procedures Act. 32:03 – What should a listing agent do when pricing a listing? Complete a CMA, comparable market analysis. 34:07 – Rental rates are best determined by what? Supply and demand. 36:12 – An advantage of PMI (Private Mortgage Insurance)? The buyer can purchase a higher priced home. 39:16 – What is blockbusting and are “hippies” a protected class in Federal Fair Housing rules? 43:15 – Favor, please give us shout outs and spread the word about us on other social media sites. 44:50 – Go to www.ahareep.com , sign up for the program for only $35, use discount code: legend15 to save 15% off.   A-Ha LINKS   Email info@ahareep.com   Web www.ahareep.com   Facebook https://www.facebook.com/AHA.REEP   YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

Can online lead generation be done while remaining compliant under Section 8 of the Real Estate Settlement Procedures Act (“RESPA”)? The answer is yes, but it is important to navigate the impermissible activities recently identified by the Consumer Financial Protection Bureau (“CFPB”). On February 7, 2023, the CFPB issued guidance in an advisory opinion addressing how it interprets RESPA and its implementing regulation, Regulation X, in the context of digital marketing and lead generation platforms for real estate settlement services. This guidance—the first issued by the CFPB on online lead generation—highlights several key compliance considerations for participants engaging in digital marketing of settlement services. Please join Mayer Brown lawyers Holly Bunting and Kerri Webb as they discuss the advisory opinion, how it impacts compliance under RESPA, and the questions raised by the CFPB's interpretations.

Episode 085 - Real Estate Exam Questions 39 Going through state exam questions to help real estate students pass their state exam.   01:40 – The school you choose is likely the contributing factor to you not passing the exam. That is not on you.   04:45 – Join study group on the A-Ha! Facebook page.   05:55 – Watch for scammers on our pages.   07:30 – List of recent grads: Bill, Jolly, Mary, Lauren, Kelly, Julie, Courtney, John, Michelle, Suzy, Amber, Sandy, Tracey, Kristin, Emanuel, Carmen, Nate, Rebecca, Tricia, Amber, Nick, Ken, Kelsey, Amanda, Daniela, Crystal, Unisha, Cody, Melinda, Tanya, Ericka, David, and Lilly.   08:55 – Email from Taryn.   10:20 – How important are legal descriptions on the state exam? Metes and bounds, rectangular survey method, and lot and block. Don't worry about them at all.   13:35 – Is a land contract a unilateral or bilateral contract? It is bilateral contract.   16:57 – An easy way to remember a dominant and servient tenement in an easement? Dominant dominates another owner's property. Servient tenement serves the use of another owner.   19:13 – Difference of selling agent and listing agent? Listing agent represents a seller. Selling agent represents the buyer.   21:55 – Does a small house cost more, less, or the same as a large home on a cost per unit basis? Small house costs more to build on a cost per unit basis.   26:28 – What is title theory versus lien theory state? Title theory states the lender takes legal title to the property during the payment period.   28:15 – RESPA applies to residential property only. Not personal property or commercial property.   30:47 – When does the right of recission kick in with Truth in Lending? When the borrower signs the loan documents.   32:57 – How should a broker handle a seller that wants to discriminate based upon race? No exceptions for race per Civil Rights Act of 1866.   35:45 – How can a co-owner transfer property in will when they pass away? Become a tenant in common.   38:47 – What action returns a party to their original position as if the contract never happened? Rescission, not cancellation, substitution, or subordination.   A-Ha LINKS   Email info@ahareep.com   Web www.ahareep.com   Facebook https://www.facebook.com/AHA.REEP   YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

Episode 083 - Real Estate Exam Questions 37 Going through state exam questions to help real estate students pass their state exam. 01:55 – Congratulations to the recent test graduates: Heather, Maxine, Matthew, Tina, Sean, Dan, Lisa, Nikki, Lewis, Myra, Steven, Stephanie, Jahel, Russel, Cindy, Pete, Kristie, Dillon, Kelly, Paige, Kyle, Nun, Sarah, Chris, Cori, Stephanie, Amy, Kate, Kim, Bianca, and Tonya.  03:15 – Message from Teena. 05:20 – How to find episodes on multiple devices? Go to the website www.ahareep.com and it includes links to the different platforms we use. 06:43 – Things to think about if considering joining a real estate team. 11:30 – Beating a dead horse, do NOT memorize test questions and answers. Several people have used them and are not passing the exam. 15:20 – Jason asks about RESPA. Is it legal to offer discounts if someone has a one stop shop offering title, closing, and mortgages? Yes. 17:32 – Natalie asks about Do Not Call Registry. Consumer or customer we can contact for 3 months. Client, someone we worked with, we can contact for up to 18 months. 20:45 – What happens to a verbal conversation when commission is in question? Is it a contract, is the agent entitled to a commission, and is the contract enforceable. Statute of frauds would apply. 26:00 – How to apply depreciation to improvements on a parcel of land? Do not include the land in the depreciation calculation. $185,000 x 60% = $111,000 + $47,000 = $158,000. 29:27 – Agency duties of care, obedience and loyalty. 31:44 – A house with outdated plumbing suffers from what type of depreciation? Functional obsolescence. Curable versus incurable. 35:00 – When an HOA applies rules inconsistently, when could they be held liable for violating Fair Housing? Disability. Not citzenship, immigration status, or marital status. Marital status is under ECOA, Equal Credit Opportunity Act. 37:37 – If a person owns an easement, what type of easement do they have? Easement in gross..   A-Ha LINKS  Email info@ahareep.com Web www.ahareep.com Facebook https://www.facebook.com/AHA.REEP YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A

In this episode of Commitment Matters, Mary speaks with Steve Gottheim, General Counsel for ALTA. You can contact Steve via email.During their conversation, Steve or Mary mentioned: Read up on the latest happenings in Congress here.The Major Questions Doctrine is described as the intention of clear congressional authority that Congress needs to carry when putting on a regulation that has significant economic or political impacts.An example of Major Questions Doctrine was West Virginia v. EPA and the Clean Power Plan. Read more about the case here.Steve specifically mentions the Administrative Procedures Act.This article offers a breakdown to understand more of the Dodd Frank Act, what it's comprised of and its implications. Mary and Steve discuss the authority behind TRID and RESPA regulation.Steve outlines Chevron deference and explains how it's connected to Major Questions Doctrine in case discussions. Here is an outline of Chevon U.S.A, Inc. v. Natural Resources Defense Council, Inc., the case in which the term Chevron deference comes from. Steve relates these concepts from the title and real estate perspective through Title X (Wall Street Reform and Consumer Protection Act) and Title XIV (Mortgage Reform and Anti-Predatory Lending Act) of Dodd Frank.Read about the Community Financial Services Association of America Ltd.(CFSA), CFPB (Consumer Financial Protection Bureau) case here. Steve explains how APA challenges work.Amicus briefs are usually filed in appellate courts by businesses, government entities and other associations toward a specific case to show the impact a case may have on people outside the parties involved. Take a look at some of the most recent examples of amicus briefs.You can now reach the Commitment Matters Podcast via phone! Got a topic or guest idea you want featured? Leave us a voice message at 214.377.1807 or email us at podcasts@ramquest.com.Don't forget to subscribe, rate, and review this podcast on Apple Podcast, Spotify, or wherever you listen to podcasts, or visit RamQuest.com/podcast to download the latest episode.Lastly, we love to see when and how you're listening. Share our posts, or create your own and tag them: #CommitmentMattersPodcast

Laura and Ryan talk about what you can – and can't – do for client appreciation as we wrap up the year and many people are in a gift giving mood!

On this episode, Editor in Chief Sarah Wheeler talks with Reporter Brooklee Han about the many questions about RESPA compliance, and how real estate and title companies are figuring out how to stay on the right side of regulations. The two also discuss the rebrand and 10M fundraise of Buyside (now Percy) and the latest new home sales report.HW Media Articles related to this episode:Beach trips and other challenges of interpreting RESPAApril new home sales drop 16.6%, pushing up supplyMeet Percy: Buyside announces rebranding

On today's episode,  RealTrends Editorial Director Tracey Velt is joined by HousingWire Senior Real Estate Reporter Matthew Blake. They talk about some of the insights gained from Compass' recent first-quarter earnings amid reported losses and leadership shakeups. They also talk about the feasibility of prosecuting RESPA violations and give an update on discount brokerage REX's supposed shut down amid their litigation against the National Association of Realtors. Articles related to this episode:Compass CFO steps down following tough Q1Beach trips and other challenges of interpreting RESPAREX lays off most of its employees, sources sayREX closes brokerage, hires David Boies in Zillow lawsuitHousingWire Daily examines the most compelling articles reported across HW Media. Each afternoon, we provide our listeners with a deeper look into the stories coming across our newsrooms that are helping Move Markets Forward. Hosted by Sarah Wheeler and produced by Elissa Branch.