The Consumers asserted that a 2001 policy statement issued by the United States Department of Housing and Urban Development («HUD») prohibited the collection of
unearned fees for real estate settlement services and therefore any of the Lender's charges where no services were provided violated RESPA.
RESPA prohibits
unearned fees for services not actually performed, including fee splitting.
«It is clear that [the Real Estate Settlement Procedures Act] prohibits fee splitting and
unearned fees for services that are not performed,» said Brian Sullivan, spokesman for the Department of Housing and Urban Development.
Not exact matches
• Customers were hurt by
fees for accounts they never opened, the bank paid
for unearned bonuses, and the whole enterprise, particularly its top leaders, were discredited.
You may not put money received
for unearned fees in any other place, including your firm's operating account.
Even in a flat
fee case, it is theoretically possible
for fees to remain
unearned at the conclusion of the matter, and thus the lawyer would need to return them but has no access to them.
LawPay was developed specifically
for the legal industry to correctly separate earned and
unearned fees and protection of IOLTA accounts.
A client should ask
for an itemized bill and return of the
unearned fee when the attorney is discharged.
Because it is designed specifically
for law firms, LawPay is able to correctly separate earned and
unearned fees to ensure you don't co-mingle funds when you take credit card payments.
Because it's customized
for law firms, LawPay lets you separate earned and
unearned fees, so you don't commingle funds when accepting credit card payments.
Section 8 of RESPA specifically addresses prohibitions on kickbacks and
unearned fees given or accepted in connection with a settlement service
for a federally related mortgage loan (loans covered by RESPA).
Penalties: Section 8 (kickbacks,
unearned fees): Fines of up to $ 10,000, imprisonment
for up to one year, or both
For more on the topic, read Janik's memo «Price Increase or
Unearned Fee?»
Previously, some circuits had required a
fee split with a third party in order
for there to be a § 2607 (b) violation, while others had followed the HUD policy statement and prohibited
unearned fees, even when a settlement - service
fee was not split with a third party.
(Under Freeman vs. Quicken Loans, the court ruled that the prohibition in RESPA of
unearned fees referred to
fees that are split with another service provider
for which no service is provided — a kickback.
1416 DOS 07 Matter of Dickson - broker; demand
for $ 3,000 «termination
fee» is demand
for an
unearned commission; breach of fiduciary duty; offer of property not authorized 175.10; improper advertising without identifying broker 175.25; $ 3000 fine and requirement of unconditional release of seller
HUD maintains that Section 8 (b)'s prohibition of the giving or accepting of any portion of any charge other than
for goods or facilities provided or services performed is intended to protect consumers from unnecessarily high settlement charges, or what HUD calls an «
unearned fee.»