Illinois Receiver Arthur van der Vant says that RESPA was put in place to protect the buying public but has not been consistently enforced.
According to Arthur van der Vant, Section 9 of RESPA has been enforced selectively by HUD since 1974. This fact has led to various problems, which HUD attempted several years ago with the new alleged RESPA reform. This, according to Arthur van der Vant, even though most states adopted the Federal Law in respect to real estate settlement procedures and title insurance and made it a State Law. However, van der Vant says that some states at the same time neglected to enforce those laws. If Section 9 (a buyer’s right to choose a title insurance provider) was strictly enforced, there would be no need for any RESPA reform, asserts Arthur van der Vant.