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A RESPA to Freeman v. Quicken Loans, Inc.

In a recent lawsuit against Quicken Loans, Inc., the United States Fifth Circuit recently acceded to those circuitry that does not charge undeserved charges must be shared with another entity to infringe RESPA.

Claimants filed suit against Quicken Loans, Inc., their Mortgage Provider, alleging that he claimed rebate/origin charges that were undeserved and therefore unlawful under Section 2607(b). In a request for a fast-track procedure, Quicken claimed that the charges were not shared with any other parties and therefore no RESPA infringement was possible, irrespective of whether these charges were undeserved or not.

Whereas HUD's role as RESPA enforcing authority was to prohibit RESPA from charging undeserved charges whether or not they separate from another entity, the District Tribunal concurred with Quicken and rejected the plaintiffs' claim. The Fifth District confirmed the Supreme Tribunal by stating that 2607 is an "anti-recoil law", as compared to an "anti-recoil law", that unsplit undeserved charges are not setbacks and that RESPA does not pay them.

Having read the express words of 2607(b), the Tribunal found that the law clearly "does not apply to indivisible, undeserved fees".

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