The Most Important RESPA Cases of 2011
2011 was a huge year for RESPA in the courts. The U.S. Supreme Court decided to take on not one, but two RESPA cases. In Freeman v. Quicken Loans Inc., the Court will decide whether two culpable parties are required for a Section 8 violation. And in First American v. Edwards, the Court granted certiorari in order to decide whether an individual can have legal standing under RESPA without showing actual harm.
Although the Supreme Court’s two RESPA cases are the most newsworthy, there was no shortage of other interesting cases presented or decided in 2011: One borrower used RESPA to foreclose on Wells Fargo; HUD argued in the 9th Circuit Court of Appeals that RESPA complainants should be confidential, and the 2nd Circuit took a look at business purpose exemptions.
The Dodd-Frank was also hotly contested in the courts in 2011. Some borrowers tried to sue under the Dodd-Frank Act amendments to RESPA, and the courts had to determine when the amendments were actually in effect. Although the courts determined that the amendments were not yet in effect, such attempts to sue under Dodd-Frank may foreshadow more cases to come.
This special report from the editors of RESPA News covers all of the biggest and most impactful RESPA cases 2011. From unearned fees to qualified written requests to kickbacks, this PDF report is your best bet for a complete primer on all the biggest court battles.
Many RESPA controversies remain unanswered, borrowers are still filing lawsuits, and there will be more cases to come — Get up to speed with this comprehensive special report from RESPA News.
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