I think the court got it right-on with regards to HUD exceeding its authority. This is a major issue under our current system of governmental agencies. There are too many examples of congress putting off its duties and allowing non-elected bureaurocrats to run the show. Many may not like that title insurance underwriters make such arrangements, accepting the facts of this case, but this is for congress and elected officials to remedy and articulate.
There is a book, "The Death of Common Sense", by Philip K. Howard which examines this phenomena. We are placing upon ourselves such regulatory weight that the system is beginning to break under the strain. When a federal agency interprets the federal law passed by congress it does not assume a dynamic position in which it can rearrange the interpretation. The text of the statute is to be given the meaning and interpretation it bore when adopted by congress. If the governmental agency can dynamically modify this core where are we?
Congress by a majority should amend RESPA to be clear and unambiguous. Let's stop this "expansive dynamic interpretation" by bureauocracies as it is doing more damage than any affiliated business arrangements. We have methods and a system of government for such. It requires courage by our elected leaders!
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