RESPA, TRID, and Closing Disclosures on the Florida Real Estate Exam (Plain English)

RESPA is about money. TRID is about timing.

Most Florida candidates study the 19 content areas, hit the state-specific statutes hard, and still lose points on RESPA and TRID because these two federal rules often get taught in passing. A pre-license course can spend far more time on F.S. 475 than on federal closing disclosures. Then the Pearson VUE form gives you a timing or kickback scenario and you guess.

The questions are not actually hard. The underlying law is two distinct things, and the exam tests them predictably. If you walk in knowing the distinction and the timing rules, you bank easy points instead of guessing.

RESPA (the Real Estate Settlement Procedures Act, 1974) is about money flow. Who can pay whom for a referral. Who can force a buyer to use a specific title company. How much a lender can hold in escrow. It's a kickback and steering statute at its core.

TRID (the TILA-RESPA Integrated Disclosure rule, 2015) is about timing and paperwork. When the Loan Estimate has to arrive. When the Closing Disclosure has to arrive. What changes trigger a new waiting period. It's a disclosure-timing rule.

This RESPA TRID Florida real estate exam guide covers both, in the form the Florida exam tests them: plain English, question patterns, timing rules, exceptions, Florida closing-cost overlays, and the traps that make simple questions feel harder than they are.

What's the difference between RESPA and TRID?

The cleanest side-by-side:

The short version: RESPA is the law. TRID is a rule implementing parts of RESPA (and parts of the Truth in Lending Act) into a specific disclosure framework. They overlap but are not the same thing. RESPA existed for 40 years before TRID did.

If you remember only one sentence: RESPA = no kickbacks. TRID = 3 business days for the Closing Disclosure. Those two phrases will get you through most of what the Florida exam asks.

RESPA real estate exam: what the Florida exam actually tests

RESPA real estate exam questions in Florida cluster around a few well-worn topics. Here are the sections that matter and how they appear on the Pearson VUE form.

Section 8: Kickbacks and Unearned Fees (the heaviest exam topic).

Section 8 prohibits giving or receiving "anything of value" in exchange for the referral of settlement service business related to a federally-related mortgage loan. The entire anti-kickback spirit of RESPA lives here.

Plain English: You (as a Florida licensee) cannot accept money, gift cards, commission splits, free services, or anything of value in exchange for steering a client to a specific title company, mortgage lender, inspector, or appraiser. The person paying you cannot legally do so either.

Exam question pattern: "A Florida sales associate receives a $500 check from a title company every time she refers a client to them. Is this a RESPA violation?" Answer: yes, Section 8.

Exceptions: Payment for actual services rendered at fair market value is allowed. A licensee who performs actual marketing or administrative work for a title company can be paid for that work. The test is whether the payment is for the referral itself (illegal) or for a bona fide service (legal).

Penalties: Criminal fines up to $10,000 and up to 1 year imprisonment per violation. Treble (3x) damages in civil cases. Plus CFPB enforcement action.

Section 9: Title Insurance Steering.

Section 9 prohibits the seller from requiring, as a condition of sale, that the buyer purchase title insurance from any particular title company.

Plain English: Sellers cannot force buyers to use a specific title company for title insurance. Buyers get to choose their own.

Exam question pattern: "A seller's sale contract includes a clause requiring the buyer to use ABC Title for title insurance. Is this enforceable under RESPA?" Answer: no, Section 9 violation.

Penalty: Seller may be liable for up to 3 times the cost of the title insurance.

Section 10: Escrow Account Limits.

Section 10 limits how much a lender can require a borrower to deposit into an escrow account for taxes and insurance. The general rule: the lender cannot require a cushion greater than 1/6 of the estimated annual amount (2 months' worth).

Plain English: Lenders cannot overcharge escrow. There's a cap.

Exam question pattern: "A lender requires a borrower to escrow $4,800 annually for property taxes plus a 3-month cushion. Is this RESPA compliant?" Answer: no, maximum cushion is 2 months.

Section 6: Servicing Transfer Notices.

When a mortgage loan is transferred to a different servicer, Section 6 requires specific disclosures to the borrower. The old servicer must notify at least 15 days before the transfer. The new servicer must notify within 15 days after.

Plain English: If your loan gets sold to another bank, you get written notice.

Exam question pattern: Straightforward "what's the notice period" questions. Answer: 15 days before (old servicer), 15 days after (new servicer).

Most RESPA real estate exam questions students encounter are built around Section 8 kickbacks and Section 9 title steering. Section 10 escrow limits and Section 6 servicing notices are also worth knowing because they are simple if you recognize the section.

TRID closing disclosure: the timing rules to know cold

TRID closing disclosure questions are the single most testable area in the federal portion of the Florida exam. The rules are simple but exact, and the Pearson VUE form loves timing traps.

The 3/7 rule, which is really a 3/3/7 rule.

Plain English: The lender has 3 business days to send you the Loan Estimate. You must have the Closing Disclosure in hand 3 business days before closing. The earliest closing can happen is 7 business days after the Loan Estimate.

Exam question pattern: "A borrower applied for a mortgage on Monday. When must the lender deliver the Loan Estimate?" Answer: by end of Thursday (3 business days later, assuming no holidays).

Exam question pattern: "The Closing Disclosure is delivered to the borrower on Friday. What is the earliest day closing can occur?" Answer: Wednesday, assuming no federal holidays. For this TRID waiting-period rule, Saturday counts, Sunday does not, and the closing happens after three full countable days.

Note: "business day" under TRID for the 3-day CD rule includes all calendar days except Sundays and federal holidays. So Saturday counts as a business day for this specific rule. The Loan Estimate 3-day rule uses a slightly different "business day" definition (excludes both Saturday and Sunday), which is why exam questions sometimes set up traps. The safe memory hook: the 3-day CD rule uses the more expansive business-day definition that counts Saturdays.

Material changes trigger a new 3-day waiting period.

Three specific changes, after the CD is delivered, trigger a fresh 3-day waiting period before closing can occur:

1. APR increases more than 1/8 of 1% (0.125%) for fixed-rate loans, or more than 1/4 of 1% (0.25%) for adjustable-rate loans.
2. Loan product changes (fixed to adjustable, or vice versa).
3. Prepayment penalty is added.

Other changes (closing cost adjustments within tolerance, minor fee revisions) do not trigger a new 3-day period. A revised CD is delivered, but closing can proceed on the original schedule.

Plain English: Most changes to the CD don't restart the clock. Only three specific "big" changes do.

Exam question pattern: "The APR on a mortgage rises from 6.5% to 6.6% after the initial CD was delivered. Must a new 3-day waiting period begin?" Answer: yes, because the change exceeds 0.125% on a fixed-rate loan.

What is the closing disclosure rule?

The closing disclosure rule, in short, is the 3-business-day requirement.

The Closing Disclosure is a 5-page form that lists the final terms of the mortgage loan: loan amount, interest rate, monthly payment, closing costs, cash-to-close, and loan summary. It replaced the old HUD-1 Settlement Statement and the Final Truth in Lending Disclosure as of October 3, 2015.

The rule, precisely: The borrower must receive the final Closing Disclosure at least 3 business days before consummation of the loan. "Consummation" means the moment the borrower becomes legally obligated on the loan, which in Florida is typically the same day as the closing meeting.

How the 3 business days are counted: The day of delivery doesn't count. The day of closing doesn't count. You need 3 full business days in between. Business days here include Saturdays but not Sundays or federal holidays.

Example: CD delivered on Monday means the earliest closing is Friday if there are no federal holidays: Tuesday, Wednesday, and Thursday are the 3 business days in between. If the CD is delivered on Thursday, count Friday, Saturday, and Monday, so the earliest closing is Tuesday.

The safest exam answer: count 3 full calendar business days (Monday through Saturday, excluding Sunday and federal holidays) between delivery and consummation.

Who provides the Closing Disclosure. The lender prepares and delivers the CD to the borrower. The title company typically coordinates. In Florida, the title company may also be the closing agent and coordinates the CD delivery on the lender's behalf.

What the CD does not apply to. Reverse mortgages, home equity lines of credit (HELOCs), commercial loans, chattel loans (some mobile home loans), and loans made by certain small lenders serving rural areas. Most standard Florida residential purchase mortgages are subject to TRID and therefore to the CD rule.

Florida closing disclosure rules (the state-specific layer)

Florida does not have its own state-level Closing Disclosure rules that override federal TRID. The federal CD applies in Florida. What Florida adds is state-specific closing cost items that appear on the CD and are tested.

Florida closing disclosure rules overlay four specific items:

1. Documentary stamp tax on the deed.

Florida charges a documentary stamp tax on deeds at $0.70 per $100 of sale price (or fraction thereof). Miami-Dade County uses $0.60 per $100 on residential single-family properties.

Paid by: typically the seller (Florida custom, negotiable).

Where on the CD: in the closing costs section, labeled as "Documentary Stamps on Deed" or similar.

Plain English: Florida charges a tax on the deed itself at closing. $0.70 per $100 of price, paid by the seller.

Exam question pattern: "What is the documentary stamp tax on a $400,000 Florida home sale (outside Miami-Dade)?" Answer: $400,000 / $100 = 4,000 $0.70 = $2,800.

2. Documentary stamp tax on the note.

Florida charges a tax on the promissory note (the mortgage note) at $0.35 per $100 of loan amount, rounded up to the nearest $100.

Paid by: typically the buyer/borrower.

Where on the CD: in the closing costs section.

Plain English: Florida taxes the mortgage note itself. $0.35 per $100 of the loan.

3. Intangible tax on the mortgage.

Florida charges an intangible tax on mortgages at $0.002 per $1 of loan amount (2 mills per dollar), which equals $2.00 per $1,000 of loan.

Paid by: typically the buyer/borrower.

Plain English: Florida charges a one-time 2 mills per dollar tax on new mortgages.

4. Title insurance premiums.

Florida uses a promulgated (state-set) rate for title insurance. The rate is regulated by the Florida Office of Insurance Regulation. Amount depends on sale price on a sliding scale.

Paid by: negotiable; custom varies by county. In South Florida, the seller typically pays. In North and Central Florida, the buyer typically pays. Either way, the amount appears on the CD.

Exam questions on Florida doc stamps and intangible tax are high-value because they connect deeds, notes, mortgages, and closing-cost math. I covered the full math breakdown in the Florida real estate exam documentary stamps and closing costs post.

RESPA violations real estate exam: the question types

RESPA violations real estate exam questions fall into four recurring patterns. Here are all four, with plain English explanations.

Pattern 1: The direct kickback.

"A sales associate receives $X from [title company, mortgage broker, home inspector] for referring clients. Is this a RESPA violation?"

Answer template: Yes, Section 8 prohibits giving or accepting anything of value for settlement service referrals on federally-related mortgage loans.

Pattern 2: The "gift" disguise.

"A mortgage broker gives a sales associate a weekend getaway, branded merchandise worth $400, or a substantial discount on services, in connection with referrals."

Answer template: Violation. "Anything of value" is defined broadly. Gifts, discounts, and services count.

Pattern 3: The marketing services agreement (MSA) trap.

"A sales associate and a title company have a written agreement where the associate receives $1,500/month in exchange for putting the title company's logo on marketing materials. The associate does no actual marketing work."

Answer template: Likely violation. MSAs are legal only if they compensate for actual bona fide services at fair market value. Sham MSAs that pay for referrals dressed up as marketing are violations. CFPB has enforced this aggressively.

Pattern 4: The seller requiring a title company.

"A seller's contract requires the buyer to use ABC Title. Is this enforceable?"

Answer template: No. Section 9 prohibits sellers from requiring buyers to use a specific title insurance company.

What is NOT a RESPA violation (common trap answers):

• A licensee paying a referral fee to another licensed licensee (brokers can share commissions with other brokers, not prohibited under RESPA).
• A title company offering a discount that does not depend on referrals from a specific licensee.
• Normal fair-market commissions paid between real estate agents in a transaction.
• A buyer choosing a title company on the recommendation of their agent (recommendations are allowed; requirements are not).

Candidates often miss these "what is NOT a violation" questions because the trigger words (referral, payment) prime the pattern-matching brain to flag everything as a violation. Reading the question carefully matters. If the exchange is not tied to a referral and is fair market value for actual services, it's usually legal.

Common exam question patterns (actual question types)

Florida real estate exam questions on RESPA and TRID typically take these five forms:

1. Direct definition.

"The Real Estate Settlement Procedures Act was enacted to."

Answer: protect consumers from abusive settlement practices and limit kickbacks.

2. Timing calculation.

"A borrower received the Closing Disclosure on Wednesday. What is the earliest day closing can occur, assuming no federal holidays?"

Answer: Monday of the following week (counting Wednesday delivery, then Thursday, Friday, Saturday as the 3 business days, then Monday consummation, since Sunday doesn't count).

3. Violation identification.

"Which of the following is a RESPA violation?" with four scenarios, one of which is a Section 8 kickback.

Answer: the kickback scenario.

4. Exception identification.

"Which of the following loans is NOT subject to TRID?"

Answer: typically HELOCs, reverse mortgages, or loans secured by mobile homes not attached to real property.

5. Which rule applies.

"The 3-business-day waiting period for the Closing Disclosure is required by."

Answer: TRID (specifically, the TILA portion of the integrated rule).

Candidates who recognize these patterns lose fewer points on federal questions. Candidates who don't recognize them guess. The exam doesn't reward guessing.

What RESPA does NOT apply to

RESPA doesn't cover every real estate transaction. The exam tests these exceptions directly.

RESPA does not apply to:

• All-cash transactions. No federally-related mortgage loan means RESPA does not apply. A cash closing has no RESPA-protected settlement service rules.
• Commercial transactions. RESPA applies only to 1-4 unit residential properties. Office buildings, retail centers, and most multifamily properties (5+ units) are outside RESPA.
• Business-purpose loans. If a loan is made primarily for business, commercial, or agricultural purposes rather than consumer purposes, RESPA does not apply.
• Temporary financing (including construction loans, in some cases) with specific exceptions.
• Vacant land loans. Subject to specific definition carve-outs.
• Loans to fund non-real-property transactions on personal property.

Exam question pattern: "A $450,000 cash purchase of a Florida condo does not require TRID disclosures because." Answer: RESPA/TRID applies only to federally-related mortgage loans. Cash purchases have no mortgage.

What TRID does NOT apply to

TRID (the integrated LE/CD disclosure rule) has its own set of exclusions.

TRID does not apply to:

• Home equity lines of credit (HELOCs). Covered by TILA but not by the integrated LE/CD framework.
• Reverse mortgages. Have their own disclosure requirements.
• Loans secured by mobile or manufactured homes not attached to real property. Considered chattel rather than real property.
• Loans made by creditors who make 5 or fewer mortgage loans per year. Small-lender exemption.
• Certain HOEPA-exempt loans.

Exam question pattern: "A borrower is applying for a HELOC on their Florida home. Does TRID require a Closing Disclosure?" Answer: no, HELOCs are not subject to TRID.

Keep the exclusions list short in your head. The exam rarely tests the obscure ones. HELOCs and reverse mortgages are the two exclusions that come up most.

Memory hooks: what to actually remember for the exam

These are the five memory hooks that cover the RESPA and TRID patterns Florida candidates are most likely to see.

1. RESPA = no kickbacks (Section 8).

If a scenario involves money moving between settlement service providers in exchange for referrals, it's a Section 8 violation.

2. Section 9 = seller cannot require title company.

Buyer picks. Seller cannot force. If the question has a seller dictating title insurance, it's Section 9.

3. 3 business days for CD, 7 business days from LE to closing.

The two timing numbers. Memorize "3 and 7." The CD must be received 3 business days before closing. The 7 business days is from LE delivery to earliest consummation.

4. Material CD changes that restart the 3-day clock.

• APR > 0.125% fixed / 0.25% variable
• Loan product changes
• Prepayment penalty added

Anything else is a revised CD that doesn't restart the clock.

5. HELOCs and reverse mortgages = no TRID.

When the question mentions either, the answer involves "TRID doesn't apply."

Drill these five hooks before exam day. Pass Florida's RESPA/TRID question set is weighted toward these patterns because they are the federal closing concepts Florida candidates most often confuse when they first move from definitions into scenarios.

Florida-specific wrinkles worth knowing

A few Florida-specific points sit at the intersection of federal and state rules. They show up on the exam.

1. Florida is a title-closing state (mostly).

In Florida, residential closings are usually handled by title companies, not attorneys. Some Florida counties (particularly in South Florida) use attorneys more, but statewide the title company is the typical closing agent. This matters because the title company coordinates CD delivery, escrow, and disbursement under TRID.

2. Florida documentary stamp tax appears on the CD.

The $0.70 per $100 deed tax, the $0.35 per $100 note tax, and the 2-mills mortgage intangible tax all appear on the CD as Florida-specific closing costs. Plain English: the CD includes these Florida-specific line items that wouldn't appear in other states.

3. Escrow account rules under Florida law vs. RESPA.

RESPA Section 10 sets the federal escrow cap (2 months cushion). Florida's broker escrow rules under F.S. 475 apply to broker-held escrow, not lender-held escrow. These are separate regimes. The exam sometimes confuses them. Be clear: RESPA Section 10 = lender escrow. F.S. 475 and FREC rules = broker escrow. Different laws, different rules.

4. Florida-specific addenda to federal CDs.

Some Florida counties require disclosures (coastal construction line, wetlands, HOA estoppel) that appear alongside the CD but are separate documents. The CD itself is federal. The Florida addenda are separate state disclosures.

How Pass Florida handles RESPA and TRID

In our question bank, RESPA and TRID sit inside the federal and closing-law practice set. The reason is practical: students often spend most of their energy on Florida license law, then get surprised when federal closing rules appear as timing, exception, and violation questions.

Pass Florida's RESPA/TRID question set:

• Covers all five common question patterns listed above
• Drills the 3/7 timing rule with multiple dated scenarios until the counting becomes automatic
• Tests the material change triggers (APR, loan product, prepayment penalty) repeatedly
• Distinguishes Section 8, 9, and 10 scenarios
• Includes the "not a violation" questions that trap pattern-matchers
• Surfaces Florida-specific CD items (doc stamps, intangible tax, title insurance)

If you're at the point where you've read this post and want to drill the material until the patterns stick, try the diagnostic at /try-a-question and see how RESPA/TRID lands for you.

I also covered broader federal and state closing topics in the Florida real estate exam mortgages and lending guide and the statute-heavy version in Florida Statute 475 real estate.

Related exam concepts

This post is exam preparation content for the Florida Real Estate Sales Associate exam. It is not legal, tax, financial, lending, appraisal, brokerage, insurance, title, closing, or professional advice. For real-world decisions, verify current requirements with the official source or consult a qualified licensed Florida professional.

Methodology

What this post covers: RESPA (1974) and TRID (2015) as tested on the Florida real estate sales associate exam, including the core sections, timing rules, common question patterns, exceptions, and Florida-specific overlays. Current as of April 2026.

Sources used: Real Estate Settlement Procedures Act, Consumer Financial Protection Bureau guidance, Regulation X, Truth in Lending Act, Regulation Z, CFPB TRID materials, Florida Department of Revenue documentary stamp tax guidance, Florida Statutes Chapter 201, Florida Statutes Chapter 199, Florida Statutes Chapter 475, and Florida Administrative Code Rule 61J2.

What this post does not cover: Broker escrow rules under F.S. 475 (covered in a separate post), Fair Housing Act closing protections, TILA's high-cost mortgage rules (HOEPA), or commercial real estate transactions which are largely outside RESPA/TRID scope.

Effective dates: TRID became effective October 3, 2015. The CFPB has issued clarifying guidance and rule amendments since, most recently reinforced in 2020 and 2022. This post reflects current rule as of April 2026.

"Business day" definitions: TRID uses two slightly different business-day definitions. The "general" business day (for Loan Estimate delivery) excludes Saturday and Sunday. The "precise" business day (for Closing Disclosure waiting period) excludes only Sundays and federal holidays, meaning Saturdays count. Exam questions generally align with the "precise" definition for CD timing. When in doubt, the safe answer for CD waiting period questions treats Saturday as a business day.

Sources

• Consumer Financial Protection Bureau: When do I get a Closing Disclosure?
• CFPB TILA-RESPA Integrated Disclosure FAQs
• Consumer Financial Protection Bureau: Review documents before closing
• Florida Department of Revenue documentary stamp tax
• Florida Statutes Chapter 201
• Florida Statutes Chapter 475
• Florida Administrative Code Rule 61J2

All information verified April 2026.

FAQ

What's the difference between RESPA and TRID?

RESPA (1974) is a federal law governing money flow in real estate settlements: prohibiting kickbacks (Section 8), prohibiting seller-required title insurance (Section 9), and limiting escrow amounts (Section 10). TRID (2015) is a rule implementing parts of RESPA and TILA into a unified disclosure framework, primarily the Loan Estimate and Closing Disclosure with specific timing requirements. Short version: RESPA is about money; TRID is about timing.

What is the closing disclosure rule?

The Closing Disclosure must be received by the borrower at least 3 business days before consummation (closing) of the loan. "Business day" for this rule includes Saturdays but excludes Sundays and federal holidays. Most mid-sized changes to the CD don't restart this 3-day clock, but three specific "material changes" do: APR increases above 0.125% for fixed loans (0.25% for variable), loan product changes, or adding a prepayment penalty.

When must a lender deliver the Loan Estimate under TRID?

Within 3 business days of receiving the loan application. Application for TRID purposes means the lender has received six specific pieces of information (borrower name, income, SSN, property address, estimated property value, loan amount). Once all six are in, the 3-business-day clock starts.

What is RESPA on the RESPA TRID Florida real estate exam section?

RESPA is the federal Real Estate Settlement Procedures Act (1974), tested on the Florida exam through settlement-service, referral, title, escrow, and closing-law scenarios. The most important sections for exam prep are Section 8 (kickback prohibition), Section 9 (seller cannot require title insurance), Section 10 (escrow account limits), and Section 6 (servicing transfer notices).

What are common RESPA violations real estate exam scenarios test?

Four common violation patterns tested: direct kickbacks (Section 8, money for referrals); disguised kickbacks (gifts, sham marketing services agreements); seller-required title insurance (Section 9); and exceeding the 2-month escrow cushion cap (Section 10). Most questions ask whether a scenario is a violation, sometimes with a trap answer for fair-market commissions, which are allowed.

What is the TRID closing disclosure 3-day rule?

The borrower must receive the final Closing Disclosure at least 3 business days before consummation. For this rule, business day means every day except Sunday and federal holidays, so Saturday counts. If the lender makes a material change to the CD (APR increase above threshold, loan product change, or prepayment penalty added), a new 3-business-day waiting period begins.

What are Florida closing disclosure rules?

Florida follows federal TRID rules. The state adds Florida-specific closing cost items that appear on the CD: documentary stamp tax on the deed ($0.70 per $100 of sale price, except Miami-Dade at $0.60), documentary stamp tax on the note ($0.35 per $100 of loan), intangible tax on the mortgage (2 mills per dollar of loan), and title insurance at state-promulgated rates. Customary payment assignments (who pays) vary by Florida region.

What is the difference between a Loan Estimate and a Closing Disclosure?

The Loan Estimate (LE) is a 3-page form delivered within 3 business days of loan application. It estimates the loan terms and closing costs. The Closing Disclosure (CD) is a 5-page form delivered at least 3 business days before closing with the final loan terms and closing costs. The CD replaces the old HUD-1 Settlement Statement; the LE replaced the old Good Faith Estimate.

What loans are exempt from TRID?

Home equity lines of credit (HELOCs), reverse mortgages, loans secured by mobile or manufactured homes not attached to real property, loans made by small lenders making 5 or fewer mortgage loans per year, and certain HOEPA-exempt loans. Most standard Florida residential purchase mortgages are subject to TRID.

What is the penalty for a RESPA violation?

Section 8 (kickbacks) violations carry criminal penalties of up to $10,000 and up to 1 year imprisonment per violation, plus civil liability for treble (3x) damages. Section 9 (title insurance steering) violations make the seller liable for up to 3 times the cost of the title insurance. CFPB enforcement actions can also impose additional civil money penalties.

Does RESPA apply to cash real estate transactions?

No. RESPA applies only to federally-related mortgage loans on 1-to-4 unit residential properties. A cash transaction has no mortgage and therefore no RESPA obligations. This is a common exam question: a cash closing does not require TRID disclosures because there is no mortgage to disclose.

How does Pass Florida help with the RESPA TRID Florida real estate exam section?

Pass Florida's question bank includes RESPA/TRID practice covering direct kickbacks, disguised kickbacks, MSA traps, seller-required title insurance, timing scenarios, and material-change triggers. Try a sample at /try-a-question.