It May Take Two To Tango Under RESPA

Law360, New York (October 31, 2011, 12:13 PM EDT) -- On Oct. 11, 2011, the Supreme Court granted certiorari in Freeman v. Quicken Loans, a case that will decide the scope of Section 8(b) of the Real Estate Settlement Procedures Act.

The question up for decision is simple: Can one party violate Section 8(b) acting alone by simply charging an unearned fee for a settlement service, or does Section 8(b) apply only when two parties share such an unearned fee?

The Fifth Circuit’s 2010 decision in Freeman held that the plain language of Section 8(b) requires...
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