Beyond black-letter statute, case law has created a line of RESPA jurisprudence.  In a general sense, through example, certain caselaw, as provided below, will control the parameters of a claim in a narrow manner than the RESPA statute:

Hirsch v. Bank of America, 328 F. 3d 1306 (11th Cir. 2003) (provides a two-part test in analyzing RESPA kickback violations involving a mortgage broker; first the court must “determine whether the broker has provided goods or services of the kind typically associated with a mortgage transaction”; then, the court must “determine whether the total compensation paid to the broker is reasonably related to the total value of the goods or services actually provided”

Friedman v. Market Street Mortg. Corp., 520 F.3d 1289 (11th Cir. 2008) (RESPA does not provide a cause of action where a fee for services was rendered but does provide a cause of action when a plaintiff alleges that “no services were rendered in exchange for a settlement fee”).

Busby y. JRHBW Realtv. Inc. d/b/a RealtvSouth, 642 F.Supp.2d 1283 (N.D. Ala. 2009) (realty company could not assert an array of services defense to consumers’ claim that company’s administrative brokerage commission (ABC) fee violated Real Estate Settlement Procedures Act (RESPA) as a fee for which no services were performed, because the services described by company as justification for the fee, even if those services were actually provided, were not settlement-related and/or they provided little or no benefit to consumers as borrowers)

McLean v. GMAC Mortg. Corp .. 595 F.Supp.2d 1360 (S.D. Fla. 2009) (requirements for damages for failure to respond to qualified written request)

McLean v. GMAC Mortgage Corp .. Inc.. F.Supp.2d _,2008 WL 5246149 (S.D. Fla. 2008) (discussing transmission and response requirements for qualified written requests)

Real Estate Settlement Procedure Act Overview-6

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