The Long Arm of RESPA: Judicial Expansion of Section 8(b) in 2009, Article by John Chiles and Zach Miller
August 5, 2010
Partner John Chiles and Associate Zach Miller authored an article on Section 8(b) of the Real Estate Settlement Procedures Act (RESPA). The article focuses on the deference given to the Department of Housing and Urban Development’s 2001 Policy Statement by federal courts and the legality of overcharges, fee splits, markups, and undivided, unearned fees under the Act. Also discussed is the circuit court split regarding whether marked-up fees are prohibited under the Act and a detailed analysis of the Eleventh Circuit’s interesting approach to analyzing both markups and undivided, unearned fees.
This article first appeared in 64 Consumer Fin. L. Q. Rep. 22 (2010).
by: John R. Chiles, Zachary D. Miller
topics: Banking & Financial Services