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Tuesday, June 17, 2014

Are Title Insurance Commissions Prohibited Kickbacks?

By: ABIA Outside Counsel Chrys D. Lemon and Adam D. Maarec, McIntyre & Lemon, PLLC
Last week the Consumer Financial Protection Bureau (CFPB) issued another enforcement action for alleged violations of the Real Estate Settlement Procedures Act’s (RESPA) prohibition on compensation for referrals of settlement services, including title insurance. In this case, commissions payments to a title insurance agency’s employees were considered kickbacks. But the case is not clear-cut and evokes more questions than answers.
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