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Marketing Services Agreements: What You Need to Know - 214738

Marketing Services Agreements

Marketing Services Agreements, or MSA's, have been prevalent among real estate settlement service providers for decades. When the Department of Housing and Urban Development ("HUD") was responsible for enforcing the Real Estate Settlement Procedures Act ("RESPA"), it approached policing MSA's much like it did when overseeing Affiliated Business Arrangements ("AfBA's"). HUD is no longer charged with overseeing RESPA, and its successor, the Consumer Financial Protection Bureau ("CFPB") has not been shy about publishing its criticism of MSA's. The CFPB has not, however, gone so far as to declare MSA's to be unlawful under RESPA, In this session, we will examine Marketing Services Agreements in conjunction with CFPB Compliance Bulletin 2015-5, the PHH Corporation prosecution and its current status, and what provisions- if any - can or should be included in a MSA (if that is still a viable part of your business model, of course).


Brett Woodburn, Esq.
Brett M. Woodburn received his undergraduate degrees in History and English from Allegheny College and his J.D. from Ohio Northern University. He is admitted to practice in Pennsylvania, the Federal District Court for the Middle and Western Districts of Pennsylvania, the United States Court of Appeals for the Third Circuit, and before the United States Supreme Court.

Mr. Woodburn handles real estate law, professional licensing law, employment law and policy, and general corporate matters. Mr. Woodburn serves as general counsel to Keystone Human Services, and serves as associate general counsel to the Pennsylvania Association of Realtors. Mr. Wood burn is currently serving on the Board of Directors for the Pennsylvania Bar Institute. He is a member of the American, Pennsylvania, and the Dauphin County Bar Associations. Mr. Woodburn served as the 2012 President for the Dauphin County Bar Association. Within the Pennsylvania Bar Association, he is an officer and council member for the Real Property Division of the Real Property, Probate and Trust Section.

His work with the Pennsylvania Association of REALTORS has included publishing various works and articles pertaining to recent developments in the areas of real estate law, Fair Housing and RESPA, as well as conducting continuing education and risk reduction seminars for REALTORS across the Commonwealth. Mr. Woodburn speaks to REALTORS through the Pennsylvania Association of REALTORS Legal Hotline.

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