Lenders may have lost their battle with HUD to have mortgage broker and wholesale lenders'table-funded transactions classified as secondary market transactions in Respa.

In a Real Estate Settlement Procedures Act draft interpretive rule obtained by the Mortgage Marketplace, department outlines its disclosure requirements for mortgage broker fees and charges. In the draft rule, HUD said that table funding is not a secondary market transaction and is, therefore, subject to Respa disclosure requirements.

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