Cracking down on Illegal Mortgage Referrals - the first step

As a small family operated business we often run up against the big boys in the mortgage and real estate brokerage industries. Because of company tie-ins we are often shut out of the process and consumers then pay the price for shoddy services. An article from the New York Times about the Consumer Finance Protection Bureau shows that someone is looking out for the rights of consumers to shop around for services.

Last month, the bureau ordered RealtySouth, a major real estate company in Alabama, to pay a $500,000 penalty for failing to inform home buyers that they were under no obligation to use a title and closing service affiliate. RealtySouth consented to the terms of the order without admitting or denying the bureau’s findings.

Real estate companies are allowed to refer customers to affiliates like lenders and title services so long as they also provide a written disclosure that clearly explains that customers are not required to use the affiliate and have the right to shop around. In RealtySouth’s case, the firm’s printed purchase contracts explicitly directed buyers to its affiliate, TitleSouth, and buried the required disclosures in text about the benefits of its own services, according to the bureau.

What does that mean for the consumer? In our opinion the consumer is better served when there is competition for real estate related services. A service provider cannot have two masters. It is either the tied-in party or the consumer. Who would you choose?

Read the full article here.

For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us. We can help. Located in Fairfield, NJ, we are the title insurance agent that does it all for you.

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-808-6130 - Fax 973-227-0645

E-mail sflatow AT vested.com

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