Explore the Mortgage101 Library
Check Local Mortgage Rates
Loan Program Choices
Use our calculator to find out your estimated monthly payment in advance: Enter the loan amount, interest rate, and length of mortgage.
Try our Mortgage Payment Calculator
The Real Estate Settlement Procedures Act is a federal law that was initially passed by Congress in the 1970s. The act is designed to protect consumers from disreputable lending practices in the writing of mortgages.
Purposes of the Real Estate Settlement Procedures Act
The Real Estate Settlement Procedures Act has two main purposes:
- To assist purchasers in becoming more savvy in shopping for settlement services;
- To do away with extra costs that might unnecessarily increase some settlement services charges. The act specifically targets referral fees and kickbacks.
What the Real Estate Settlement Procedures Act does
Although Real Estate Settlement Procedures Act has been altered somewhat through subsequent federal action, the basic rules of the law require that:
- Certain disclosures be given to borrowers -- Real Estate Settlement Procedures Act demands that lenders provide borrowers with disclosures about the costs associated with settling a real estate transaction.
- Borrowers receive a Good Faith Estimate -- This specific disclosure lists all the charges a buyer is likely to face paying at the time of closing.
- Plans on holding the mortgage be given out -- A Mortgage Service Disclosure Statement is required under the Real Estate Settlement Procedures Act. This tells a borrower if the lender intends to hold the note or sell it to another lender.
Real Estate Settlement Procedures Act protections also include regulations about escrow account and accountability and a number of other facets that help ensure borrowers understand what they are getting into with a particular loan.
- How to Get Approved for an FHA Loan despite Bad Credit
- Appraisal Basics
- Short Selling a Rental Property
- Low Down Payment Loan Qualification
- 3 Reasons Banks Reject Short Sales
- Second Mortgages: Advantages and Disadvantages
- Alternatives to Getting a 2nd Mortgage
- Home Equity Loans for People with Bad Credit
- 3 Warning Signs of Loan Modification Scams