In its June 2019 Consumer Compliance Supervisory Highlights the FDIC put the spotlight on RESPA Section 8 violations, and it would be prudent for anyone involved in payments for lead generation or in marketing or lease arrangements with referral sources to take note. The FDIC found that these arrangements are often a means to disguise payments for referrals. A key indicator was the amount paid for such services or space which reinforces the prudence of obtaining a third party valuation. The FDIC also restates other practices we tout to mitigate risk: 1. Train, 2. Conduct due diligence at the beginning of and throughout the arrangement, and 3. Keep abreast of and respond to changes in the law and other authority such as regulatory guidance.
