RESPA Enforcement

Individuals have a year to bring a private law suite to enforce violations of Section 8 (referral fee prohibition) or Section 9 (seller-required title insurance) of RESPA.  A person may bring a violation of Section 6 (loan servicing) within three years.  Lawsuits for violations of Section 6, 8 or 9 may be fought in any federal distrcit court in the district in which the property is located or where the violation is alleged to have occurred.

The Department of Housing and Urban Development (HUD), a State Attorney General or State Insurance Commissioner may bring an injunctive action to enforce violations of Section 6, 8 or 9 of RESPA within three years.

The following provides further information about enforcement actions under RESPA and comparable state laws in recent years.

RESPRO® Products

• RESPRO®'s Regulatory Compliance Kit
• Watch Out for the Plantiffs' Bar! New Trends in Class Action Litigation (2010 Annual)
• The Latest from HUD's RESPA Enforcement Office (2008 Annual)
• The Latest from HUD's RESPA Enforcement Office (2007 Fall)
• The Latest Enforcement Actions Involving Affiliated Businesses and Marketing Agreements (2007 Fall)
• The Latest from HUD's RESPA Enforcement Office (2007 Annual)

Other RESPA Enforcement Information

• Court's Denial of Summary Judgment Motion Sends Lesson About ABA Disclosure Compliance (July 2010)
• Court of Appeals Issues Decisions in First American Case on RESPA Standing and Class Certification (July 2010)
• Watch Out for the Plaintiff's Bar! New Trends in Class Action Litigation; by Jay Varon, Esq., Foley & Lardner (March 2010)
• Ohio Federal Courts Reject Two Different Challenges to Two Affiliated Business Arrangements (March 2010)
• HUD Settles RESPA Violation Flowing From Mortgage Lender’s Contest with Real Estate Agents (August 2009)
• Sixth Circuit Broadly Interprets RESPA Treble Damages Remedy
• HUD Settlement Regarding Sham Joint Ventures and Required Use Issues Sheds Light on HUD Interpretations (December 2008)
• RESPA Settlements in Property I.D. Case Leave Some Underlying Issues Open (August 2008)
• HUD Office Recommends Enforcement Action Against First Magnus for Volume Discounts (August 2008)
• Builder Win Another Consumer Incentive Case (2008)
• Court Denies Class Certification in Burnet Realty
• Order Denying Class Certification in Grady v. Burnet (December 2007)
• HUD's Florida AfBA Settlement With First American: An Analysis (November 2007)
• Ryland Homes Decision Upholds Optional Builder Discounts: An Analysis
• California Court Dismisses 8(b) Claims for charging Unearned Loan Processing Fee and Marked-Up Credit Report Fee
• Courts Rule on Viability of RICO Claims in Sham Joint Venture Cases (June 2007)
• New Court Case Questions Recent Interpretations of consumer Private Damage Remedy Under RESPA
• Property ID Case Has Some Interesting "Firsts" (June 2007)
• HUD to Ask Congress to Impose Fines Against RESPA Violators
• Trends in Class Action Litigation Affecting Joint Ventures, AfBAs, and Marketing Agreements by Rich Andreano (April 2007)
• The Fiduciary Duty Challenge to Affiliated Businesses by Jay Varon of Foley & Lardner (March 2007)
• HUD Announces RESPA Settlement with Fidelity and Homebuilder Over Marketing Agreements
• Ohio Title Agencies Settle Class Action Involving Allegedly Improper Marketing Agreements
• First American Settles with HUD and the State of Minnesota Over Joint Ventures
• Minnesota Department of Commerce Sends Enforcement Letters to First American Joint Venture Partners
• Ohio Court Denies Class Certification in Sham Joint Venture Case (March 2007)
• Alabama Class Action Challenges Markup of Recording and Other Title Insurance Fees (December 2006)
• Ohio Federal Court Adopts Mark-up Analysis of Fourth, Seventh And Eighth Circuits Rather Than That of the Second, Third and Eleventh Ciccuits (December 2006)
• HUD Closed 1,355 RESPA Complaints in FY 2006
• Minnesota Regulator Closes First of Pending AfBA Investigations
• Gottfried Resignation Endangers RESPA Regulatory Transparency Initiative; Jackson Resignation Rumors Persist
• HUD Asks for Comments on RESPA Complaint Procedure
• HUD Plans Better RESPA Guidance for Industry, Top Legal Official Tells RESPRO®
• The Latest Enforcement Activity Involving Affiliated Businesses: An Overview (Kider)
• The Latest Enforcement Activity Involving Affiliated Businesses: An Overview (Mitchell)
• Orange Coast Title Settles California Department of Insurance RESPA and Insurance Code Alleged Violations
• HUD Announces Joint RESPA Settlements with New England Firms (October 2006)
• Section 9 RESPA Cases May Be Coming Into Vogue (October 2006)
• Court Refuses to Certify Class Action Challenging Real Estate Broker’s Administrative Fee
• HUD Announces Joint RESPA Settlements With New England Firms
• Title Underwriters Charged With Paying Excessive Fee Splits To Illinois Attorney Agents
• The Latest Enforcement Activity Involving Affiliated Businesses: An Overview (2006)
• The Latest Enforcement Activity Involving Affiliated Businesses: An Overview (Mitchell.2, 2006)
• The Latest Enforcement Activity Involving Affiliated Businesses: An Overview (Varon, 2006)
• Exorbitant Consumer Incentives for Using Affiliated Services Possibly Illegal Under RESPA, HUD Official Announces (March 2006)
• Legal Corner: HUD Prosecutes Recipients (As Well As Givers) of Illegal Referral Fees (February 2006)
• HUD Begins Scrutiny of Captive Title Reinsurance Arrangements (December 2005)
• HUD Settles RESPA Enforcement Actions With Nine Builders in Connection with Affiliated Business Arrangements (December 2005)
• HUD Considers New RESPA Enforcement Web Site (November 2005)
• RESPA Enforcement Corner: An Overview of Recent Settlements and Lawsuits (November 2005)
• HUD Proposes Rule For Creation of Website to Field RESPA Complaints from the Public (November 2005)
• HUD Settles RESPA Affiliated Business Claim Against Coldwell Banker Unit in Atlanta (September 2005)
• Referrals Under Marketing Agreement Draw RESPA Class Action In California (October 2005)
• Ohio Homeowners Allege "Sham" Affiliated Business Under RESPA (August 2005)
• HUD Settlement Agreement With Prudential
• Colorado Launches Investigation of Affiliated Businesses (August 2005)
• California DOI Fines Stewart Title for Giving Inducements to Real Estate Sales Agents
• HUD Enforces 1996 Office Leasing Guidelines (For First Time?) (July 2005)
• HUD Settles Sham Joint Venture Claim with First American in Tennessee for $680,000
• Straight from HUD: The Latest in RESPA Enforcement (July 2005)
• New Vermont Law Reinforces RESPA Enforcement in State (May 2005)
• Ohio Independent Title Company Plans to Target Affiliated Businesses (May 2005)
• RESPA Settlement with Affiliated Business in Tulsa Triggers Private Class Action (May 2005)
• HUD Announces RESPA Settlement With Oklahoma Affiliated Business (April 2005)
• Federal Regulators Announce Cease and Desist Order Against Chicago Title for Alleged RESPA Violations
• HUD Investigates Oklahoma Title Company’s Affiliated Business Arrangements with Builders and Real Estate Broker (Marach 2005)
• Federal Regulators Announce Cease and Desist Order Against Chicago Title for Alleged RESPA Violations (March 2005)
• How To Prevent (and Defend) a RESPA Enforcement Action
• HUD Budget Maintains Increased Funding for RESPA Enforcement (March 2005)
• HUD Budget Maintains Increased Funding for RESPA Enforcement (February 2005)
• RESPA Claim Dismissed For Failure to Show Referral Arrangements Resulted in Excessive Settlement Fees (January 2005)
• Plaintiffs Attack Net Branch Arrangement Under RESPA (January 2005)
• Regulators Target Insurance Commission Agreements (January 2005)
• Legitimate Affiliated Businesses Often Frustrated Over Shams (August 2004)
• Florida Insurance Department Rules on Referral Fees (July 2004)
• The Latest From HUD's RESPA Enforcement Office (June 2004)
• 2003-2004 HUD RESPA Settlements: An Overview (June 2004)
• Fifth Circuit Interprets Secondary Market Exemption (June 2004)
• Sham Joint Venture Class Action Claim Settled for $915,000 (June 2004)
• Legal Corner: Can Plaintiffs Sue Without Being Injured by RESPA Violations? (June 2004)
• HUD Challenges Referral Activities of Individual Mortgage Branch Managers (April 2004)
• HUD Investigates Marketing and Office Lease Agreements Between Mortgage Lender and Real Estate Broker/Builder (April 2004)
• RESPA Claims in TILA Clothing (April 2004)
• Equitable Tolling of RESPA Statute of Limitations is not Applicable When Violations Should Have Been Aware to Plaintiffs (April 2004)
• Class Action Filed Against Household International For Alleged Predatory Lending and RESPA Violations
• Fountainhead Sham Joint Venture Class Action Claim Settled for $915,000 (April 2004)
• RESPRO® Legal Corner: Can Plaintiffs Sue Without Being Injured By RESPA Violations (April 2004)
• California Insurance Department Restricts South Coast Title Company License and Assesses $1 Million Fine for Illegal Rebates (December 2003)
• The Latest in RESPA Enforcement (October 2003)
• Eleventh Circuit Enforces Arbitration Agreement in RESPA/TILA Case (October 2003)
• RESPA Enforcement on the Rise: HUD Settles Four More RESPA Enforcement Actions (September 2003)
• No Private Right to Injunctive Relief Under Section 8 of RESPA (September 2003)
• HUD Settles with TitleVentures.com Under Sham Joint Venture Guidelines (July 2003)
• Real Estate Broker Charged for Accepting Free Virtual Tours in Violation of RESPA (July 2003)
• The New RESPA Enforcement Policy (June 2003)
• Courts Deny Class Certification in RESPA Anti-Kickback Cases (February 2003)
• Private Mortgage Insurers Settle RESPA Lawsuits While HUD Files New Actions (January 2001)
• Private Mortgage Insurers Settle RESPA Lawsuits (July 2000)
• FDIC Advises Financial Institutions on RESPA (November 1999)