Legal Question in Real Estate Law in Florida

Re: Real estate law

I think you'll get two answers on this question. I think the foreclosure lawyers would say no. I think the foreclosure defense lawyers would say yes. Respa is being fought over every day in the courts in foreclosure cases. I'm on the side that says it's being violated right and left.

Certainly, I think everyone would agree it would be the better policy to list the fee on the HUD-1 statement. If you're looking for a defense on a foreclosure case, I think this alone won't do it (but you never know), but if it were part of a number of omissions on the HUD-1, there may be something there.