Targeting violations of the Real Estate Settlement Procedures Act (RESPA) by a mortgage lender, two real estate brokers, and a mortgage servicer, the
The District Court for the Northern District of Ohio recently denied certification in two related class actions brought under the Real Estate Settlement Procedures Act ("RESPA"), Toldy v. Fifth Third Mortgage Co. et al. (No. 1:09-CV-377) and Powers v. Fifth Third Mortgage Co. et al. (No. 1:09-CV-2059).
In Trief v. Wells Fargo Bank, N.A., Index No. 10528009, N.Y.S.2d (Sup Ct, NY County, Apr. 4, 2011) (“Trief”), the plaintiffs sought damages arising out of their attempt to refinance a mortgage loan with the defendant bank (the “Bank”), for breach of contract and violation of New York’s Unfair and Deceptive Practices Act, N.Y. General Business Law (“NYGBL”) 349.
In Tubbs v. North American Title Agency, Inc., No. 09-2757, 2010 U.S. App. LEXIS 16342, 2010 WL 3044067 (3d Cir. Aug. 5, 2010), the Third Circuit held that a lower court erred in dismissing a RESPA Section 8(b) claim.
On March 9, 2010, the Ninth Circuit held that the National Bank Act ("NBA") preempts claims of "unfair" and "fraudulent" conduct in violation of state law.
A decision this week by the U.S. Court of Appeals for the Ninth Circuit bolsters the position of national banks that the National Bank Act (NBA) and regulations of the Office of the Comptroller of the Currency (OCC) trump state laws on fee-related practices.
The United States Court of Appeals for the Ninth Circuit, which includes California, issued a ruling on March 9 that the clear and unambiguous language of RESPA Section 8(b) does not reach the practice of overcharging.
The Ninth Circuit affirmed the dismissal of a purported class action under the Real Estate Settlement Procedures Act ("RESPA") because the plain language of RESPA does not apply to the practice of "overcharging," as well as the dismissal of three state law claims that are preempted under the National Bank Act.
In Mims v. Stewart Title Guaranty Co., 2009 WL 4642631 (5th Cir. Dec. 9, 2009), the United States Court of Appeals for the Fifth Circuit considered whether plaintiffs can bring class claims under Section 8(b) of the Real Estate Settlement Procedures Act of 1974 (“RESPA”), codified in relevant part at 12 U.S.C. 2607(c), where a service provider’s fee “bears no relationship” to the service provided.