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Foley & Lardner LLP on RESPA Liability and the Filed Rate Doctrine

Does a provider violate the Real Estate Settlement Procedures Act (RESPA) merely by charging rates that are above the market rate, above the filed rate, or are otherwise excessive? In this commentary, Michael D. Leffel and Matthew R. Lynch of Foley & Lardner LLP examine the decisions in Hazewood...

Foley & Lardner LLP on RESPA Liability and the Filed Rate Doctrine

Does a provider violate the Real Estate Settlement Procedures Act (RESPA) merely by charging rates that are above the market rate, above the filed rate, or are otherwise excessive? In this commentary, Michael D. Leffel and Matthew R. Lynch of Foley & Lardner LLP examine the decisions in Hazewood...

Foley & Lardner LLP on In re Carter; Confusion Over RESPA Standing Requirements Continues as Sixth Circuit Holds That Section 8 Plaintiffs Need Not Allege They Were Overcharged

In 2009, the Sixth Circuit Court of Appeals became the first federal appellate court to squarely address the question of whether a plaintiff has standing to sue a settlement service provider under Section 8 of Real Estate Settlement Procedures Act (RESPA), even if he was not overcharged for settlement...

Does sec. (8)(b) of RESPA Govern Charges That Are Not Split With Third Parties

Federal courts are struggling with the scope of § 8(b) of Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601 et seq. Regarding the reach of § 8(b), some courts hold that the statute's plain language precludes liability under § 8(b) unless the fee for settlement services...

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...

Vetstein Law Group: Hurricane Irene Cleanup: Who Is Responsible For Falling Trees?

By Richard D. Vetstein, ESQ Massachusetts Fallen Tree Law Hurricane, Tropical Storm, whatever-you-want-to-be-called-Irene certainly did a number on Massachusetts. We are into Day 2 of no power in my hometown of Sudbury. The kids are getting absolutely stir crazy and driving mom CRAZY! I was never...