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[+] Error or Lie? - Rebecca Cowart/MS (16 replies)
10/20/2011 5:52:49 PM (2921 views)

[+] Rush to Drill for Natural Gas Creates Conflicts with Mortgages - Leigh Attridge/MA (5 replies)
10/20/2011 12:28:47 PM (4663 views)

[+] Aracor is Not Paying - Bruce Lutz/PA (3 replies)
10/20/2011 10:46:35 AM (4037 views)

The Sweep-It-Under-the-Rug Housing Plan - Leigh Attridge/MA
10/19/2011 3:19:02 PM (3662 views)

US Century Bank, Florida won TARP loan, now teeters - Leigh Attridge/MA
10/19/2011 12:43:08 PM (3885 views)




[+] Comment on "Bevilacqua v. Rodriguez-- Mass. Buyers out of Foreclosure Get the [Mostly] Bad News" - Source of Title/OH (6 replies)
10/19/2011 11:37:11 AM (2980 views)

[+] Real T Solutions - trish kerns/PA (12 replies)
10/19/2011 10:03:01 AM (3054 views)

[+] Fannie Mae to phase out use of its retained attorney network - CHARLENE  PERRY/MD (2 replies)
10/18/2011 10:58:36 PM (4195 views)

[+] Mass Court rules on Bevilacqua - & it's ugly for good faith purchasers - Leigh Attridge/MA (2 replies)
10/18/2011 7:46:52 PM (4143 views)

[+] Stewart Title bulletin re compliance with Massachusetts REBA v NREIS decision - Leigh Attridge/MA (2 replies)
10/18/2011 1:30:51 PM (5045 views)

[+] RESPA violation? - Louise Jackson/SC (8 replies)
10/17/2011 9:33:11 AM (2679 views)

[+] In Private Wall Street Bankers Dismiss Protestors as Unsophisticated - Leigh Attridge/MA (16 replies)
10/15/2011 8:25:40 AM (4245 views)

[+] This Is Why they hate you & want you to die - Leigh Attridge/MA (13 replies)
10/13/2011 8:21:31 PM (4880 views)

[+] The OWLS gain a following - Kevin Ahern/CT (28 replies)
10/13/2011 3:05:00 PM (4459 views)

[-] Comment on "Supreme Court to Hear Another RESPA Section 8 Case" - Source of Title/OH (3 replies)
10/12/2011 9:34:28 PM (2751 views)
Tough Decisions Ahead - Wyatt Bell/FL
10/12/2011 9:34:28 PM (2879 views)

These are very interesting issues and certainly we'll gain fairly good direction when the Supreme Court issues its opinions.

It would seem to me the issue in Edwards regarding whether a claim may exist absent an overcharge falls along the lines of running a stop sign. Go ahead and do it as long as no damages occur.

The whole idea behind the referral prohibition was the larger issue that free market forces dwindle.

Regarding fees under Cohen/Freeman this gets tougher. From the cites in the pleadings an "overcharge" is not covered by 8(b). But it seems to point to the necessity that a part of the fee be given to an entity not performing any service for that fee. It's not clear to me that Quicken Loans had any other income other than the "loan discount fee". They probably should have given it another name!!

One firm charges more because they're hosting upscale offices whereas another decides to work out of the house!  It would almost have to apply to splitting fees because the determination of charges by any individual as nominal or worthless would be monumentally difficult to ascertain. Even when splitting with someone it's going to be tough. And this borders on the unintended consequences of price controls.

There's also good argument that a "loan discount fee" is not a "settlement service fee".

Could this possibly play out with "attorney(s) fees"? Either individually or where two attorney(s) agree to split fees?

 

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Re: Tough Decisions Ahead - Slade Smith/OH
10/13/2011 12:22:20 PM (5644 views)
A Can of Worms - Wyatt Bell/FL
10/13/2011 2:13:46 PM (2820 views)


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