On November 17th, the Fifth Circuit, disagreeing with the Second Circuit, held that lenders do not violate Sec. 8(b) of the Real Estate Settlement Procedures Act by charging unearned and undivided fees to borrowers at closing. To be actionable, the challenged fee must be split with another party. RESPA prohibits only kickbacks and referral fees, not unearned fees by a sole provider of settlement services. Freeman v. Quicken Loans, Inc.