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ARTICLE · 28 MAY 2012

Supreme Court Decision Alert - May 24, 2012

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Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published May 24, 2012

Keywords: real estate, settlement procedures act, unearned charges, residential mortgages

Real Estate Settlement Procedures Act — Prohibition on Unearned Charges

Freeman v. Quicken Loans, Inc., No. 10–1042 (previously discussed in the October 11, 2011 Docket Report).

Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed." 12 U.S.C. § 2607(b).  Today, the Supreme Court held in Freeman v. Quicken Loans, Inc., No. 10-1042, that to establish a violation of Section 8(b) of RESPA, a plaintiff must demonstrate that a charge for settlement services was divided between two or more persons.

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