Industry NewsMortgage

Judge throws out RESPA rule challenge

Mortgage brokers must credit rebates to borrowers

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Unless Congress says otherwise, mortgage brokers will have to disclose rebates paid by lenders and credit them against borrowers' closing costs beginning Jan. 1, following a judge's dismissal of a trade group's lawsuit challenging the new rules.The ruling clears one potential obstacle to implementation of new loan disclosures and other changes to the Real Estate Settlement Procedures Act (RESPA) put forward last year by the Department of Housing and Urban Development (HUD).HUD's new RESPA rules mandates that loan originators begin using a standardized good faith estimate (GFE) on the first of the year that's intended to help consumers shop for the best deal on a mortgage loan and settlement services.Among other things, the GFE would require that mortgage brokers disclose "yield spread premiums" -- rebates sometimes paid by lenders when borrowers take out loans at higher interest rates than they might otherwise qualify for -- and credit them against a borrower's closing costs....