Kickback Cover-Up Claims Cancel Time Bar, 4th Circ. Says

Law360 (April 26, 2019, 10:36 PM EDT) -- A group of mortgage borrowers on Friday won a bid to revive a set of class actions against lenders including Bank of America after the Fourth Circuit said their claims of an alleged kickback scheme weren't time-barred because the plaintiffs say the companies had covered up the purported plot.

The lenders — including Bank of America, First Mariner Bancorp and Essa Bank & Trust, among others — argued that the borrowers had missed a one-year deadline to file their suits under the Real Estate Settlement Procedures Act.

But in a unanimous, published opinion on Friday, the three-judge appeals panel said the...

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