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Robert M. Jaworski on RESPA: Spring Is in the Air -- An Assessment of the New Year's Day 2010 GFE/HUD-1 Rules Changes

In this Analysis, Robert M. Jaworski examines the important Real Estate Settlement Procedures Act (RESPA) changes implementing the new Good Faith Estimate (GFE) and HUD-1/1A effective January 1, 2010. Mr. Jaworski provides a recap of the new rules, identifies important implementation issues, and...

High Court Agrees To Address Standing Issue In Lawsuit Against Title Insurer

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 decided that it would review a Ninth Circuit U.S. Court of Appeals ruling that a woman had standing to bring a suit against her title insurer for alleged violations of the Real Estate Settlement Procedures Act (RESPA) ( First American...

U.S. High Court Seeks Solicitor General's Comments On Bankruptcy Conflict

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a lender's right to require debtors to deposit...

Supreme Court Wants Solicitor General Comments On Bankruptcy Conflict

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a lender's right to require debtors to deposit...

U.S. Supreme Court Agrees To Take Up Suit Over Unearned Fees For Settlement Services

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 11 agreed to review a 2-1 ruling from the Fifth Circuit U.S. Court of Appeals finding that Quicken Loans Inc. did not violate the Real Estate Settlement Procedures Act (RESPA) when it charged unearned fees for settlement services ( Tammy...

Supreme Court Hears Arguments On Whether RESPA Violation Is An Injury In Fact

WASHINGTON, D.C. -- The U.S. Supreme Court heard arguments on Nov. 28 on whether a property owner suffered an injury in fact under the Real Estate Settlement Procedures Act (RESPA) when she bought title insurance from a company that allegedly paid kickbacks to get business from title insurance agents...

High Court: Plaintiffs Must Show That Parties Split Fees To Pursue RESPA Claim

WASHINGTON, D.C. - (Mealey's) A unanimous U.S. Supreme Court on May 24 upheld a Fifth Circuit U.S. Court of Appeals majority decision to award summary judgment to Quicken Loans Inc. after finding that plaintiffs must show that parties split fees from settlement services in order to pursue a claim...

Fulbright Alert: Section 8(B) Of RESPA Requires 'Split' Of A Fee Between 2 Or More Persons

The United States Supreme Court issued a significant opinion for the residential mortgage industry in Freeman v. Quicken Loans, Inc. , No. 10-1042 (May 24, 2012). The Supreme Court ruled that to recover under Section 8(b) of the Real Estate Settlement Procedures Act (RESPA) for an allegedly unearned...

U.S. Supreme Court Refuses To Review Ruling Upholding Dismissal Of RESPA Suit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 1 denied a couple's petition for a writ of certiorari seeking review of a Fifth Circuit U.S. Court of Appeals ruling that affirmed the dismissal of their suit accusing a loan servicer of violating the Real Estate Settlement Procedures...