While in private practice, Mr. Gordon represented the Prudential Real Estate Affiliates franchise organization in obtaining favorable interpretations under RESPA on compensating real estate brokers for computerized loan origination services. This activity also involved extensive interaction at the congressional and agency level including testifying before committees for both houses of congress.
Gordon & Associates remains involved in various Section 8 issues pertaining to referral fees and permissible business structures under Section 8 of RESPA. Of particular interest to the real estate services industry is the structuring of marketing agreements in compliance with RESPA. Mr. Gordon was directly involved in working with HUD and industry trade associations in HUD’s recent issuance of its Interpretive Rule on marketing agreements. RESPA is now under the jurisdiction of the Consumer Financial Protection Bureau, which the firm deals with for mortgage banking issues. Related to this are significant changes in Dodd Frank that potentially restrict the utilization of Affiliated Businesses by mortgage companies. Gordon & Associates is well positioned and informed to advise clients on these issues.
Mr. Gordon is also available to provide expert witness services on RESPA Section 8 litigation. In the same respect, and as a result of his prior involvement with the management of real estate service companies, he has also provided advice from a consulting perspective to such companies on operational issues as they relate to RESPA.