Court: Families cannot sue over loan discount fee
Law Firm News
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.
A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.
The law says no "person shall give and no person shall 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."
The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion.
Related listings
-
'Octomom' bankruptcy case thrown out of court
Law Firm News 05/16/2012A judge threw out "Octomom" Nadya Suleman's bankruptcy claim Tuesday after she failed to file the proper paperwork to show she can't pay as much as $1 million in debt. That means creditors can move to collect what they say they're owed, and a pending...
-
Sydney Criminal Lawyers - Criminal Defense Lawyers
Law Firm News 03/11/2012Armed robbery sydney rmed robbery is a serious case in all matters. Robbery refers to taking of property by actual or threatened force. A robbery can occur anywhere and involve one or many people. It can take place at a business (usually a service st...
-
Houston Auto Accident & Insurance Claims Law Firm
Law Firm News 03/01/2012If you've been involved in an auto accident caused by speeding, drunk driving (DWI), unsafe lane changes, following too closely, running red lights & stop signs, reckless truck drivers, or any other cause, we ask you to keep the following in mind...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.