The PHH Opinion continues a long line of interpretations from the Department of State
regarding the fee splitting and kickback prohibitions in Section § 442 as they relate to a variety of promotional programs designed by real estate licensees attempting to increase services and sales.
Creating a circuit
split between federal appellate courts, the Second Circuit has ruled that courts are required to defer to United States Department of Housing and Urban Development's («HUD») interpretation of section 8 (b) of the Real Estate Settlement Procedures Act («RESPA»)
regarding a lender's mark - up of a third party's
fees when no additional...