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1   Link   Homebuyers were unfairly charged fee, federal court in Birmingham rules
This matter is before this Court on Plaintiff Vicki V. Busby’s (“Busby”)appeal of the district court’s denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.’s, d/b/a RealtySouth (“RealtySouth”), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. §§ 2601, et seq.

On May 26, 2004, Busby, the putative class representative, purchased a home in Jefferson, Alabama, using a federally related home loan. Busby employed a RealtySouth real estate agent who earned a sales commission based on a percentage of the purchase price. This brokerage commission, paid by the seller, was lowered from 3% to 2.5% in order to encourage the seller to accept Busby’s offer. During the closing and settlement, RealtySouth charged Busby an Administrative Brokerage Commission fee of $149 (the “ABC Fee”). The closing attorney is Ms. Busby’s current counsel. He explained the closing documents and the HUD-1 statements to Busby 2 and engaged in discussions with her concerning
the transactions. 		209
2   Link   Spicer v. The Ryland Group, Inc.
188
3   Link   Capell v. Pulte Mortgage L.L.C., No. 07-1901 (E.D.Pa. 11/07/2007 ...
In 2006, plaintiff Ellen Zaccheo Capell bought a house from a Pulte Homes of PA, L.P. ("PHPA"). The purchase agreement stated that if Capell used certain real estate settlement service providers affiliated with PHPA, then Capell would (and did) receive a $25,000 closing cost credit.

Capell sued Pulte Homes, Inc., Pulte Mortgage L.L.C., Pulte Closing Services, L.L.C., Pulte Diversified Companies, Inc., and Pulte Home Corporation (together "Pulte"), alleging that by offering a $25,000 closing cost credit, Pulte required her to use affiliated settlement services providers, thereby violating the Real Estate Settlement Procedures Act ("RESPA"). 12 U.S.C. § 2601, et seq. Pulte moved to dismiss Capell's complaint based on Fed. R. Civ. P. 12(b)(1) and 12(b)(6). 		225
4   Link   Culpepper v. Irwin Mortgage
The appellants, John and Patricia Culpepper and Beatrice Hiers, brought the present class action against appellee Irwin Mortgage Corporation (“Irwin”), a mortgage lender, pursuant to the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et. seq. The appellants alleged that Irwin’s payment of yield spread premiums to mortgage brokers --- in exchange for delivering interest rates above the “par rate” --- violated section 8 of RESPA, 12 U.S.C. § 2607(a). 		387
5   Link   Friedman v. Market Street Mortgage Corporation
In this appeal, Market Street Mortgage Corporation (“Market Street”) contends that the district court erred in certifying a class of persons represented by Edward and Lori Friedman, in which the stated common question of law is whether Market Street violated subsection 8(b) of the Real Estate Settlement Procedures Act of 1974 (“RESPA”), codified at 12 U.S.C. § 2607(b), by requiring loan borrowers to pay an escrow waiver fee for which Market Street had performed no services. Because we find that this class certification order violated
the law of the case and because we also hold that subsection 8(b) does not apply to
settlement fees that are alleged to be excessive, we reverse the district court’s
certification order and remand the case with instructions to dismiss the Friedmans’
complaint with prejudice. 		343
6   Link   Krupa v. Landsafe Inc.
Joel Price and Joshua and Cynthia Krupa, who sued on behalf of a class of borrowers, appeal the district court’s grant of summary judgment on their Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq., claims in favor of the defendants, Landsafe Credit, Inc. and Countrywide Home Loans, Inc. 		350
7   Link   Yeatman v. D.R. Horton, Inc., and DHI Mortgage Co.
A fraudulent market is not a free market. To
ensure a free, competitive market in residential real estate, statutes 1 and regulations2 seek to prevent tying arrangements, kickbacks, fee splitting, hidden fees, etc. See Friedman v. Market Street Mortg. Corp., ___ F.3d ___, 2008
WL 739704 (11th Cir. 3/20/08); Krupa v.
Landsafe, Inc., 514 F.3d 1153, 1155 (11th Cir. 2008); Busby v. JRHBW Realty, Inc., 513 F.3d 1314 (11th Cir. 2008); Mallory v. GMS Funding, LLC, 2008 WL 276578 (S.D.Ala. 1/30/08) (unpublished); 12 U.S.C. § 2607(b). 		383
8   Link   Carter, et al. v. Welles-Bowen Realty, et al.
BARZILAY, Judge. This appeal involves the issue of whether an allegation that section 8 of the Real Estate Settlement Procedures Act of 1974 (“RESPA”), 12 U.S.C. § 2607, has been violated confers standing even if the consumer does not allege an above-market rate charge for services, i.e. an “overcharge.” The district court, in an opinion and order granting the Defendants-Appellees’ Motion to Dismiss, held Plaintiffs-Appellants lacked standing to bring a claim under § 2607 because they did not allege any overcharge or other concrete injury. See Carter v. Welles-Bowen Realty, Inc., 493 F. Supp. 2d 921, 927 (N.D. Ohio 2007) (“Carter I”). Appellants now appeal, arguing that this court should reject the district court’s “overcharge approach” to standing. For the reasons stated below, the court reverses the decision of the district court and remands the matter to the district court for further proceedings consistent with this opinion. 		362

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