Ninth Circuit Rules Against Underwriter in RESPA Litigation

September 22, 2015

The U.S. Court of Appeals for the Ninth Circuit on Aug. 24 held that a title underwriter’s equity investments in title agencies in exchange for agreements that the agencies would refer customers to the insurer violated the anti-kickback provisions of the Real Estate Settlement Procedures Act. In its opinion, the court refused to give deference to the RESPA interpretation advanced by the CFPB in its amicus brief.

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