Laufer, J. and Norelli, N. (2010).
“For these reasons, we declare the anti-rebate statutes, as they relate to a title agent’s ability to negotiate his or her share of the risk premium, to be unconstitutional.” Chicago Title Insurance Co., et al., Appellants, vs. S. Clark Butler, et al., Appellees. [October 19, 2000] Corrected Opinion PER CURIAM
Within [...]

In November 2003, attorneys for Edward and Annette Hawley (”Plaintiffs”) filed a lawsuit against American Pioneer Title Insurance Company (”American Pioneer”) in Broward County, Florida, alleging that they were overcharged by a American Pioneer agent for a loan policy issued in connection with a refinance transaction.
The lawsuit was titled Edward and [...]

This page lists Statements of RESPA Policy. Please click on the policy you are interested in to read it’s text.

2001-1 Clarification Regarding Lender Payments to Mortgage Brokers

1999-1 Regarding Lender Payments to Mortgage Brokers

1996-1 Computer Loan Origination Systems (CLOs)

1996-2 Sham Controlled Business Arrangements

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The links on this page take you to the most current Government Printing Office versions of the Real Estate Settlement Procedures Act Rule. [...]

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 [...]

Laufer, J. and Norelli, N. (2010).
The Florida Association of Realtors has perpetuated the widespread use of the FAR/BAR contract. The title insurance industry and the Florida Bar should have no complaints. The language found in the conveyance section of the FAR/BAR contract states as follows:
“Seller shall convey marketable title to the Real Property by statutory [...]