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24 CFR § 3500.18 and § 3500.19—Validity Of Contracts And Liens And Enforcement Proceedings Under Regulation X (Real Estate Settlement Procedures Act-RESPA)

As a resource for class action defense attorneys who defend against RESPA (Real Estate Settlement Procedures Act) class actions, we provide the text of Regulation X. Congress gave authority to the Secretary of the Department of Housing and Urban Development (HUD) to promulgate regulations for RESPA, and the regulations are set forth in 24 CFR § 3500.1 et seq. The regulations concerning the validity of contracts and liens under RESPA are set forth in § 3500.18, while the regulations providing for the enforcement of RESPA are contained in § 3500.19. Those regulations provide in full:

§ 3500.18. Validity of contracts and liens

Section 17 of RESPA (12 U.S.C. § 2615) governs the validity of contracts and liens under RESPA.

§ 3500.19. Enforcement

(a) Enforcement Policy. It is the policy of the Secretary regarding RESPA enforcement matters to cooperate with Federal, State or local agencies having supervisory powers over lenders or other persons with responsibilities under RESPA. Federal agencies with supervisory powers over lenders may use their powers to require compliance with RESPA. In addition, failure to comply with RESPA may be grounds for administrative action by the Secretary under part 24 of this title concerning debarment, suspension, ineligibility of contractors and grantees, or under part 25 of this title concerning the HUD Mortgagee Review Board. Nothing in this paragraph is a limitation on any other form of enforcement which may be legally available.

(b) Violations of section 8 of RESPA (12 U.S.C. § 2607), § 3500.14, or § 3500.15. Any person who violates §§ 3500.14 or 3500.15 shall be deemed to violate Section 8 of RESPA and shall be sanctioned accordingly.

(c) Violations of section 9 of RESPA (12 U.S.C. § 2608) or § 3500.16. Any person who violates Section 3500.16 of this part shall be deemed to violate Section 9 of RESPA and shall be sanctioned accordingly.

(d) Investigations. The procedures for investigations and investigational proceedings are set forth in 24 CFR part 3800.